What Is an Elder Law Attorney and Do I Need One?

What Is an Elder Law Attorney and Do I Need One?

September 29, 2021 Off By Glespynorson

Old age is a time in your life when you’re most in need of assistance and support.

People reaching their old age often find themselves alone with no one around to take good care of them.

As per Statista’s report, in 2019, there were 4.5 million adults 65 years of age or older residing in Florida out of a total population of 21.5 million.

Therefore the concerns of such a large population cannot be ignored.

So, to address their concerns, there are elder law attorneys like The Finity Law Firm’s elder law attorney Orlando who have specialized knowledge in elder law.

Let us know more in detail about it in the post further.

What Is Elder Law?

An elder law lawyer specializes in issues affecting the aging population.

The law has a history of nearly around 60 years.

Having elder law plans will allow an elderly person to be financially independent and have long-term care options to help them maintain financial independence.

With the right information, planning for the senior years can be simple and easy, but complicated and expensive if you do not receive good advice.

There is no doubt that elder law and estate planning are two distinct areas of practice, and an elder law attorney may not always possess the same capabilities as an estate planning attorney or vice versa.

Knowing your rights is important, as is seeking counseling and advice if necessary.

You may consider seeking guidance from a lawyer who has specialized knowledge in elder law when you are dealing with legal issues involving the elderly.

Why Should I Hire an Elder Law Attorney?

Elder law attorneys are advocates for the elders and their loved ones.

Most of the old adults are not fortunate enough to have children, or the children they do have, leave them in old age homes.

When someone does not support them, they feel helpless and unprotected, so they need someone to take care of them.

Fortunately, here an elder law attorney plays a vital role in assisting aging individuals with legal matters and complex issues.

You should consider hiring an elder law attorney if you fall into any of the following categories:

  • You or your spouse is over 55 and would like to plan your estate.
  • You or your spouse is disabled, incapacitated, or diagnosed with a disability and needs assistance with Medicaid planning
  • As a fiduciary, you or your spouse have questions about your responsibilities as an agent.
  • You want to know about public benefits available to you like Medicaid.

Estate Planning and Elder Law Lawyer East Greenwich RI - McCarthy Law, LLC

What Do Elder Law Attorneys Do?

Most elder law attorneys deal with a wide range of legal issues affecting older or disabled people, including issues related to health care, guardianships, retirement, Medicare, and Medicaid, among other important issues.

In the following situations, an elder law attorney will help seniors:

  • Evaluating the client’s needs in regards to the federal tax code, social security, medicare, and Medicaid
  • Setting up trusts and wills
  • Choosing the right assisted living facility
  • Dealing with nursing home concerns
  • Assessing the best ways to pay for long-term health care, including private duty home care
  • Assisting with disability planning, including the use of a durable power of attorney, a living trust, and a living will to manage finances and make health care decisions
  • Establishing conservatorships and guardianships
  • Offering assistance with retirement distributions, survivor benefits, and pension benefits
  • Supporting clients with emotional decisions relating to the end of life.

There is no guarantee that an elder law attorney will be familiar with all these areas, so it is important to determine which ones they are qualified to handle.

It is important to hire a lawyer with experience and knowledge in the area of concern you have. He or she should also know how laws in other fields might affect the action being taken.

As an example, if rewriting your will is needed and your spouse is ill, then your attorney needs to be familiar with Medicaid to know whether this can affect your spouse’s inheritance.

Considering the complexity and dynamic nature of Medicaid and Medicare, your attorney should be familiar with both federal laws as well as state law.

How Do I Find a Certified Attorney to Handle Elder Law Cases?

In choosing an elder law attorney, you should focus on three key factors

  • How many years of experience do they have?
  • Have they completed continuing education courses and/or certifications to ensure that they are up-to-date on planning techniques and laws affecting seniors?
  • How holistically do they address the needs of each client?

People who require elder law legal services are typically among society’s most vulnerable members.

If your legal issues are unique and complex, you need to select an attorney with the highest level of practice standards.

Just as The Finity Law Firm’s elder law attorneys in Orlando, who have the expertise and efficiency to manage such complex cases.

So here we knew about Elder law and why one will need it.