As we age, many questions arise that we have never had to think about before. Issues like where to live if we can no longer maintain our own homes, how to write a will, and even if and when to make funeral arrangements in advance can be difficult issues to resolve on our own.
Fortunately, there are resources available to help us plan for our twilight years. Elder law is a specific field of law that is designed to help seniors and their families navigate the myriad of legal problems that arise with aging. Senior care attorneys can help you answer any questions that may come up and can even point out issues that may not even have been considered yet.
What Problems Can Elder Care Attorneys Help With?
It can be a shock to realize how many problems and legal problems can arise towards the end of life. Attorneys in this particular specialty are trained to recognize these situations and guide their clients through complicated legal situations, including:
– Preparation of wills, including living wills.
– Decide how to pay for long-term care.
– Make end-of-life decisions, including do-not-resuscitate (DNR) orders
– Navigating Social Security, Medicare and Medicaid
Qualified elder care attorneys can help with all of the above issues, in addition to pointing out others that may come up along the way. For example, in some cases, Medicaid may cover the cost of custodial health care if the client cannot pay for it out of pocket. An experienced attorney can help determine eligibility for such payment in addition to navigating the application process.
Subspecialties of elder law
Some senior care attorneys have further specialized their skills in specific subcategories. These specialties include:
– Medicaid, Medicare and Social Security
– abuse
– Retirement and pension management
– Ageism
– Estate planning and asset distribution.
If a particular case is more complicated than usual, for example if the client’s assets include international property, then it may be a good idea to seek an attorney who specializes in that particular niche. The laws in such cases can be very complicated and it is not wise to try to negotiate them without a law degree.
This becomes especially necessary in cases involving Medicare and Medicaid. Both of these assistance programs are full of red tape and notoriously difficult to navigate. In situations that require, for example, contesting a denied claim, an attorney who specializes in Medicaid could be essential.
How to choose a lawyer
When looking for an attorney to work on a case involving an older person, there are several questions to ask yourself to determine if that attorney will be the right fit for the case. Before hiring an attorney, the client should know the answers to the following questions:
– How long has the lawyer been practicing?
– What is the fee structure and when will the payment be due?
– Has the attorney handled similar cases in the past?
– Does the lawyer perform trial work, if necessary? If not, who will take care of it?
– Is the lawyer a member of a professional organization oriented to the law of the third age?
These are basic points that should be covered in the initial consultation. It is advisable to write down any other questions that may arise and bring them to the consultation. Good attorneys will be able to answer all of these questions and reassure their clients.
Getting old can seem scary at times, but you don’t need to navigate the legal system alone. In the growing field of elder law, there are many elder care attorneys who are fully equipped to help with even the most difficult cases.