How Elder Care Attorneys Can Help Seniors and their Families

_{The content of this article was reviewed by Paul A. Gordon, Esq.| Partner at Hanson Bridgett LLP.} 

Aging is a journey full of milestones, challenges and choices, and elder care attorneys can serve as compassionate advocates and expert guides along the way.

Elder Care Attorneys provide not just legal advice but a holistic approach that considers the legal, financial, healthcare and emotional aspects of growing older. From safeguarding assets to navigating complex healthcare decisions, elder care attorneys help families handle the legal side of aging with clarity.

Whether it’s planning for the future or managing unexpected challenges, consulting an elder care attorney can be a game-changing decision that helps seniors and their families face life’s next chapter with peace of mind.

Read on to learn more about elder law and the specific ways an elder law attorney can help seniors and their families.

What is Elder Law?

Elder law is a type of legal practice that focuses on helping older adults and their families plan for important life decisions. This includes things like healthcare and long-term care planning, understanding public benefits like Medicaid, creating a plan for decision-making when someone becomes incapacitated, managing estates and making sure their wishes are followed. Elder law also considers how these choices might affect taxes.

The goal of elder law is to respect and advance the rights and wishes of seniors by helping them navigate complex legal issues while preserving their autonomy and financial security.

What is an Elder Care Attorney?

An elder care attorney specializes in addressing the legal needs of seniors, focusing on planning for aging, healthcare and long-term care, including:

• Estate planning
• Medicaid eligibility
• Guardianship
• Advance healthcare directives

Why Should I Hire an Elder Care Attorney?

Not only can legal planning help ensure financial security by protecting assets, but it also helps assure that wishes regarding care and end-of-life decisions are upheld. By offering assistance in these key areas, elder care attorneys help families avoid costly mistakes and unnecessary stress while empowering them to approach the future confidently. How? By providing:

• Expert Guidance: Navigate Medicare, Medicaid and Social Security with professional support.
• Long-Term Care Planning: Create personalized strategies for care options, whether at home, in assisted living, or in a nursing home.
• Asset Protection: Safeguard the family’s financial future by preventing exploitation and preserving wealth.
• Peace of Mind: Preparation of legal documents, such as durable powers of attorney and healthcare directives, that are aligned with your wishes.

Services Provided By Elder Care Attorneys

• Estate Planning and Probate: These services create a plan for handling assets the way you want them. They include creating documents like wills and trusts to make wishes clear, developing strategies to help avoid probate complications, and ultimately making things easier for loved ones.
• Long-term Care Planning: This involves preparing for future healthcare needs, including nursing home care and home health services.
• Medicaid and Medicare: This service helps with navigating programs such as Medicaid and Social Security, which are key in covering healthcare costs and funding long-term care. With an elder care attorney’s expertise, seniors and their families can better understand eligibility requirements, manage the five-year Medicaid look-back period, streamline the approval process and apply for benefits – all while protecting assets.
• Veterans Benefits Advocacy: Assists veterans in accessing Aid and Attendance and other benefits they may qualify for, helping to cover long-term care costs.
• Guardianship and Conservatorship: Establishes legal solutions to protect those who cannot manage their personal or financial affairs because they have dementia or are otherwise incapacitated.
• Elder Exploitation Protection: Involves legal measures to protect seniors from abuse, neglect or exploitation by taking legal action against perpetrators and helping implement safeguards such as power of attorney documents and financial oversight measures to prevent future incidents.

How to Find a Qualified Elder Care Attorney

Finding a qualified elder care attorney involves several steps to help you select someone who best meets your needs. Here are some effective methods:

• Check the National Academy of National Academy of Elder Law Attorneys (NAELA) website, which offers an attorney finder tool.
• Ask for referrals from family, friends, or other trusted professionals like financial advisors or accountants.
• Reach out to your local bar association or Area Agency on Aging for recommendations.

The Vetting Process

Once you have a list of potential attorneys, follow these steps to evaluate them:

• Verify credentials – Check the State Bar Association website to confirm the attorney’s license and any disciplinary actions.
• Review experience – Look for attorneys with significant experience in elder law, particularly in areas relevant to your needs.
• Assess specialization: — Seek lawyers who have pursued continuing education or certifications in elder law. Examples include certification by the National Elder Law Foundation (NELF), membership in the National Academy of Elder Law Attorneys (NAELA) and state bar specialization in elder law.

Evaluation Criteria

Meet with several attorneys to discuss your situation and compare their responses. During your interactions with potential attorneys:

• Inquire about their experience with cases similar to yours.
• Assess their ability to explain complex legal concepts clearly.
• Evaluate their professionalism, responsiveness, and follow-through.

When Should I Hire an Elder Law Attorney

Experts say by consulting an elder law attorney sooner rather than later, you can take a proactive approach, avoid costly mistakes and be prepared for the transitions that come with aging. Ideally, it’s best to consult an attorney:

• During estate and long-term care planning.
• Before applying for Medicaid or government benefits.
• After a health diagnosis.
• When considering care options.
• In a crisis, however, having a plan before a crisis arises is ideal.

Where You Live Matters

Where You Live Matters is powered by the American Seniors Housing Association (ASHA), a respected not-for-profit voice in the senior housing industry. ASHA primarily focuses on legislative and regulatory advocacy, research, and educational opportunities and networking for senior living executives, so they can better understand the needs of older adults across the country.

Sources:
Consumer Financial Protection Bureau
dailycaring.com
Cornell Law School Legal Information Institute
smartasset.com
Eldercare Resource Planning
Consumer Shield

About Our Expert Reviewer: Paul A. Gordon, Esq. | Hanson Bridgett LLP

Paul has been working with seniors housing and care providers since 1975. He is the author of the book Seniors’ Housing and Care Facilities: Development, Business and Operations (Urban Land Institute, 1998) and has been called “godfather of senior housing” by the Chambers USA legal directory. Read his full bio here.