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ELDER-LAW ATTORNEY: WHAT ONE CAN DO FOR YOU

What you need to consider when determining who will help with wills, trusts, health insurance and more

BY:DANIEL G. FISH, ESQ., WITH DIANNE ZIMMERMAN

The Basics: Elder-law attorneys are a unique and specialized group of attorneys who focus on the legal needs of the elderly. The specialty of elder law evolved in the mid-1980’s as the number of older people in our population increased and their legal and financial needs became more complex.


An elder-law attorney is able to advise on the entire range of legal issues confronting the elderly, their families and their caregivers. Ever-changing local, state and federal laws are myriad as are Medicare and Medicaid regulations, Social Security and Supplemental Security Income guidelines which an elder-law attorney takes into consideration when working with older people and their families.


One objective measure when considering an elder-law attorney is certification. Certified Elder-law attorneys (CELA) must meet certain experience eligibility requirements, pass a daylong exam and provide references from their peers. Recertification is required every five years and to date there are only 300 certified elder-law attorneys nationwide.

 

An elder-law attorney might work with you to:


Structure assets to minimize taxes and avoid the inconvenience of probate.


Develop a plan to efficiently utilize available health insurance options, including Medicare and Medicaid


Establish trusts to protect assets and reduce inheritance taxes


Organize a house transfer to secure family property


Assist in developing a plan to manage finances, including development of joint accounts and trusts and completion of a power of attorney


Complete advance directives as applicable to relevant state laws


Collaborate with their elderly client and family members to consider available and appropriate living arrangements


Advise government programs for which a client may be eligible

The Larger Picture: Elder-law attorneys, familiar with the medical and psychological issues associated with aging, typically work with other eldercare professionals in the community and can help to determine if additional services are needed and then link clients to the proper agencies. The elder-law attorney can, and often will, bring together a team of individuals with highly specialized capabilities to work on the person’s overall needs. This group might include the person’s doctor, a social worker, a geriatric case manager, an accountant, a financial planner and an insurance agent. An elder-law attorney can serve as the coordinator of these other professionals and provide a personalized legal plan that is tailored to the unique demands of the situation.

 

Comments

My Brother and Myself...

On November 14th, 2008 jeffandjoyce says:

My brother has:
Down's Syndrome
Seizure Disorder
Severe Sleep Apnea
Had a Major Stroke between the last half of 2003 or the first part of 2004, making him 85% blind, affecting his right arm, his memory, compromising his ability to talk and think clearly.
He has Cerebrovascular Disease, which has progressed into Vascular Disease (Simular to Alzheimer's Disease), thus progressively affecting his ability to walk, remember words, make decisions, answer questions..., he has delusions and hallucinations.
He has severe Scoliosis of his Spine (his back looks as if it's almost shaped like a C).
He has COPD (chronic Bronchitis).
Mike lives with me, his little sister, and I am his caretaker, since August of 2006. He previously lived with my mom, who just passed away, at 89 years of age, December of 2007. Mike is 52 years of age and I am 51 years of age.
I have Progressive Multiple Sclerosis, however I can still walk without the assistance of a cane. My working and short term memory is compromised. My ability to think clearly has lessened. I suffer from SEVERE fatigue and weakness. I have nerve pain in my arms and legs. I am highly distractable and cannot multi-task. I am permanently disabled and cannot work, due to stress causing me not to be able to think clearly enough to remember the responsibilities of a job. The higher the stress the less able I am to think. I have to take medication to stay awake during the day, medication to sleep at night (remarkable lack of deep and REM sleep), anti-anxiety medication, high cholesterol medication, Baclophen (muscle relaxers) and Neurontin for muscle spasms and nerve pain, and Dycylomine in order to have bowel movements. I've suffered with Major Depressive Disorder all of my adolescence and adult life and have been on SSRI's since 1989.
The reason I am telling you all of this is because I wanted to enquire if Medicaid has providers who could help us out with long-term in home care and long-term occupational therapy for my brother and long-term housekeeping for me?
Thank you for your time and consideration to this matter.
Respectfully,
Joyce M. Merrill

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On November 18th, 2009 alex.iglesia258 says:

Yup!! this is a very helpful site.This is a wonderful sight to get knowledge about any legal matter.This helped me a lot and also will be useful for you.
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