What is Elder Law?
Elder law is estate planning specifically for people who are above the age of 55 years old. Elder law is useful for disabled individuals and older persons who are disabled or have fallen ill.
The specialty area of law known as elder law caters to the various legal requirements of our beloved disabled and aging populations. It concentrates on the legal concerns that older persons and their parents in their later years face. "Elder law attorneys" are lawyers who are knowledgeable about these matters.
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As you or a loved one become older, you may see or anticipate a decline in health. A durable power of attorney for finances and advance directive can be established after consulting with an elder law attorney like those at PathFinder Law Group who focus on disability planning. You can designate individuals in those documents to make financial and medical choices on your behalf if you become unable to do so for yourself. By making such legal preparations for medical decisions, you can prevent yourself from being in a position where your healthcare professionals must select therapies or make other choices pertaining your healthcare that you might not want.
There's a considerable probability that we will require the assistance of an attorney at some time in our lives. An elder law lawyer's advice can be helpful as we grow old and start making plans for our retirement and, ultimately, our death. Elder law attorneys are versed in a variety of topics that relate to older adults.
Why is Elder Law beneficial?
An elder law attorney's primary goal is to assist older Americans in resolving legal problems that develop merely as a result of advancing age. They could provide legal advice and counseling on a variety of difficulties that older Americans may encounter, including, arranging and establishing an estate plan and planning for long-term care.
As Americans approach the age of retirement, there could be federal and state benefits available, but figuring out whether you're eligible for the federal programs might be challenging on your own.
However, attorneys that specialize in elder law are informed about the government benefits accessible to elders and the disabled.
Elder law is critical for anyone who needs help with planning related to growing older. For example, most of our clients come to us for help planning disability and long-term care, retirement planning, as well as asset protection in the Medicaid context.
Our team can assist with all aspects of elder law and estate planning, including:
- Estate Planning Documents
- Long-Term Planning
- Retirement Planning
- Assisted Living & Nursing Home Care
- Asset Protection & Preservation
- Last Will & Testament
- Power of Attorney (to address financial control issues)
- Advance Medical Directive (to help with health care decisions)
- Medicaid & Medical Assistance
- Nursing Home Negligence
When should I visit an Elder Law attorney?
We recommend our clients meet with us to discuss elder law options when they reach age 55 or above. We also encourage our clients with elderly parents to explore their elder law options. Here are just a few examples of milestones that warrant a consult with your elder law attorney:
- You turned 55 years old or are already above age 55.
- You are/have an elderly parent that needs increased care.
- You are/have an elderly parent that is disabled or has medical concerns.
- Your elderly parent was in an assisted living or a nursing home that was negligent with their care.
PathFinder Law Group Estate Planning Attorneys in Baltimore, Maryland are experienced Maryland Elder Law Attorneys who can help you to figure out everything you need to know about elder law. You cannot take this issue to chance and you cannot cut corners, especially if it concerns a loved one, such as a spouse, sibling, parent or grandparent. Elder law is essential for happy, fruitful, healthy twilight years. Contact PathFinder Law Group or call us at (443) 579-4529 to assist you in Elder Law issues and all your Estate Planning needs.
Elder Care F.A.Q.
What is elder law? Elder law covers multiple areas, but most commonly thought of are estate planning, guardianship, Medicaid planning, trust administration, medical malpractice, nursing home negligence, and elder abuse.
What is Medicaid Planning? Medicaid - in Maryland known as Medical Assistance - is a governmental benefit program to provide financial assistance for those that cannot afford medical care, which includes Long-Term Care Medicaid. Long-Term Care Medicaid planning is accomplished by planning in advance to qualify for a future Medicaid need or it is planning to qualify for Medicaid because of an immediate need.
Why should I work with an elder law attorney? Long-Term Care Medicaid planning is incredibly complicated and without the proper guidance can result in unnecessary financial loss to the family. An elder law attorney can draw on their wealth of knowledge and resources to help the individual or family start planning for an individual who either will need or immediately needs Long-Term Care Medicaid. Even though a facility may offer to submit the Medicaid application on your behalf, know that they may not have the larger family's needs in mind.
What is a trust? A trust can minimize taxes and maximizes benefits for the person entitled to receive from it, while also providing protection of those assets. Trusts can be a great way to protect and distribute wealth to specific individuals.
What is a last will and testament? A last will and testament is the legal document that designates who will administer your probate estate and outlines how your wealth will be distributed after death.
What is an advance medical directive? Advance medical directives, also known as Healthcare Power of Attorney and Living Will, designate who will make medical decisions should you not be able to make the decision yourself and how you would like to receive medical care and treatments.
What is the power of attorney? A financial power of attorney defines who has the authority to make your legal and financial decisions when you pass away or if you are no longer able to make them for yourself.
What is negligence? Negligence is the failure to exercise proper care. In the case of elder law, negligence is usually when an assisted living or a nursing home employee has failed to take proper care of an elderly person.