Law & Legal & Attorney Wills & trusts

How Can an Elder Law Attorney Help Me?

Although we may dread the aging process, most of us hope to live long enough to enjoy our "golden years".
If you still have many years to go before your own "golden years", there is a good chance that you have a loved one who is currently enjoying his or hers.
Ideally, your golden years, or those of a loved one, will be spent playing golf, relaxing on the front porch and enjoying the grandchildren.
While all of this is certainly possible, aging can come with a number of legal issues as well.
That's where an elder law attorney comes in.
In short, an elder law attorney is an attorney who has chosen to focus on the legal issues that directly affect the elderly.
Of course there are numerous legal issues that are common to all age groups.
Some legal issues, however are unique to, or more prevalent among, the elderly.
Three of the more common issues that the elderly face involve federal benefits, estate planning and incapacity of a loved one.
Most individuals over the age of 65 qualify for one or more federal programs such as Social Security Retirement, Medicare or Medicaid.
If you have been denied benefits, or are having difficulty navigating the application process, an elder law attorney may be able to help.
Estate planning also takes on additional importance with age.
A simple will may no longer be sufficient to protect you and your assets in the event of your death or incapacity.
In order to avoid probate and the often high rate of taxation on bequests in a will, you may wish to consider placing assets in a trust or gifting them outright prior to your death.
You also may choose to create a living will in order to make your wishes clear regarding medical treatment in the event you are not able to give or refuse consent at some point in the future due to a physical or mental incapacity.
Finally, if you have a loved one who is no longer able to care for himself or herself, you may wish to explore petitioning for guardianship or conservatorship.
Sadly, in the absence of a court appointment as guardian or conservator, you may have very little legal say in the care and treatment of your loved one.
Additionally, in the event you suspect maltreatment, or even abuse, your status as guardian may allow you to act more rapidly to remove your loved one from the abusive environment.
An elder law attorney can help you through the process of petitioning for appointment as a guardian or conservator.

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