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Elder Law - topics.info.com





Estate planning is one of the of principal concerns of elder law.

With more Americans living well into their senior years, elder law has become an important field. Professionals working in the field of elder law include advocates, social workers and lawyers. Attorneys practicing elder law focus on a wide variety of issues pertaining to the elderly, such as estate planning, acquisition of government benefits, long-term insurance, financial abuse and grandparenting issues. Seniors needing elder law assistance should find qualified professionals to work through these issues.

As people age, they encounter new issues pertaining to health, estate planning, government benefits and much more. Professionals specializing in elder law help senior citizens weed through the information and create solutions. Estate planning is one area that requires specific attention. All estates should have at least a power of attorney and a will. The power of attorney is essential because it allows the senior citizen to appoint a trusted individual to take over financial matters if the senior becomes incapacitated or dies. The person who takes over financial matters is known as the attorney-in-fact. Other aspects of estate planning include the medical directive, management of trusts, guardianship and conservatorship, estate taxation and estate administration.

Another important topic pertaining to senior citizens is Social Security. It is not just about getting that Social Security check each month, but rather calculating monthly benefits, determining benefits to the spouse and children, taxation of Social Security income, disability benefits and appealing denial of disability and other decisions. Elder law professionals help seniors apply for benefits and determine how benefits are dispensed.

Seniors may want to consult with elder law professionals regarding eligibility for veterans benefits and Medicare. Specifically, seniors may need assistance with enrollment, determining what is covered and understanding co-pays.

The cost of nursing home care can empty the accounts of hardy estates; consequently, many seniors opt to purchase long-term insurance. Long-term care insurance covers a portion of the cost for nursing home, assisted living, or in-home care. While long-term insurance can protect seniors from costly health care later in life, the premiums can also take a bite out of the wallet. Therefore, it is very important that seniors consult with professionals regarding the details of any long-term care insurance contract prior to purchasing it. Specifically, it is important to look at what the contract covers, what is the required trigger for qualifying for coverage, whether there is an inflation rider and whether there is an elimination period. Also, it is important to look at the claims record for prospective long-term insurance companies.

The elderly are often victims of financial scams or even taken advantage by a trusted acquaintance or relative. Those who are over 50 and are alone, disabled or unfamiliar with handling their own finances are particularly at risk. According to Nolo. some common financial scams targeted at the elderly include:

  • Telemarketing or mail fraud that sells goods that never arrive or have no value
  • Suitors convince the elderly person to open joint accounts and then disappear with the money
  • Use of high interest or installment payments to overcharge for goods and services, such as hearing aids
  • Requiring winners to sending money to claim a lottery prize
  • Demanding a down payment for unsolicited home repair work

Although most states have laws against elder financial abuse, many cases go unreported. The National Center on Financial Abuse is a resource that victims of elder financial abuse can use to seek assistance.

Today some senior citizens are working through issues pertaining to being grandparents. One issue grandparents may face is visitation rights with grandchildren. When the adult child of a grandparent dies or there is a divorce or estrangement between the adult child and their spouse, it can put strain on the grandparents relationship with their grandchildren. As this problem has become more common, state jurisdictions have developed grandparent visitation statutes to protect the rights of grandparents. Other issues pertaining to grandparenting include gifts to grandchildren and 529 college savings plans.

In 1993, a nonprofit organization known as the Board of Certification of the National Elder Law Foundation formed in order to identify and certify lawyers with advanced knowledge and practice in the field of elder law. Lawyers with this certification have knowledge of a variety of subjects, including long-term care planning, surrogate decision making, public benefits, older persons legal capacity, trust and probate of an estate and wills. Certified attorneys are also expected to be sensitive to issues that may arise during counsel and representation, such as abuse, neglect, insurance issues, housing, long-term care, employment and retirement. In addition, it is expected that certified elder law attorneys will be familiar with community resources that may be helpful to the client.

If the cost of paying for a lawyer is not reasonable, then the prospective client may want to contact nonprofit organizations, such as the Center for Disability and Elder Law. This Chicago-based organization has volunteer attorneys on staff who assist clients with various civil matters, such as guardianship, financial elder abuse, wills and probate, powers of attorney, government benefits and ADA discrimination. In Southern California, prospective clients may want to try Elder Law Advocacy, which is an organization staffed by lawyers and volunteers. The organization assists seniors with various issues, including legal services, health insurance counseling, caregiver legal support and nursing home rights.




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