Alex How to ask a question about elder law?
Ask us a question and we’ll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don’t hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney.
Are there any real cases of elder transfer?
When reviewing these actual cases, please note that nearly every one of them involves a relative, or purported “friend”, who attempted to take advantage of the elder: Man transfers house to total stranger! Our client was a 74 year old senior who had no formal education, could not read, and only spoke Spanish.
When to sell a house with elderly parents?
This field is required. as jeannegibbs stated: if your parents ever need some type of surgery, nursing home care, assisted living, in home caregivers etc, they would need their share of the asset. As such you could be forced into selling the property. In my mom’ case, it took 4 years for her property to sell!
What can an elder law attorney do for my Grandma?
An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken…
Ask us a question and we’ll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don’t hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney.
When reviewing these actual cases, please note that nearly every one of them involves a relative, or purported “friend”, who attempted to take advantage of the elder: Man transfers house to total stranger! Our client was a 74 year old senior who had no formal education, could not read, and only spoke Spanish.
An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken…
Where did my father buy real estate in his lifetime?
Over his lifetime, he had purchased five real properties in California, Nevada and Arizona – all owned free and clear. He had also managed to save about $300,000. As dad’s mental capacity continued to diminish, the son saw his opportunity to strike.
Do you need a Medicaid specialist or elder law attorney?
Yes, you read that right: hundreds of thousands of dollars. Because Medicaid specialists and elder law attorneys specialize in Medicaid rules and the issues surrounding them, including how to plan for long-term care – how to best structure your loved one’s estate to ensure the best care for the best price. What is a Medicaid Specialist?
How does the Medicaid program help the elderly?
One important note, this article will explain Medicaid as it relates to caring for the elderly on a long term basis. The Medicaid program also helps low income families, children, the disabled and expectant mothers. But these groups are not addressed in this article.
Can a person not qualify for a Medicaid waiver?
A person can be medically and financially qualified for a state’s waiver and still not receive assistance. However, State Plan Medicaid programs are entitlements. If one’s state offers personal care or home care under their state plan, and they are eligible, Medicaid must provide assistance.
Yes, you read that right: hundreds of thousands of dollars. Because Medicaid specialists and elder law attorneys specialize in Medicaid rules and the issues surrounding them, including how to plan for long-term care – how to best structure your loved one’s estate to ensure the best care for the best price. What is a Medicaid Specialist?
A person can be medically and financially qualified for a state’s waiver and still not receive assistance. However, State Plan Medicaid programs are entitlements. If one’s state offers personal care or home care under their state plan, and they are eligible, Medicaid must provide assistance.
Do you have to have Medicaid for home care?
Home health care must be provided by all state Medicaid programs, and personal care assistance, also called attendant care, is available through many state’s regular Medicaid program. (For the elderly and disabled, the regular state Medicaid program is often called Aged, Blind and Disabled (ABD) Medicaid).
One important note, this article will explain Medicaid as it relates to caring for the elderly on a long term basis. The Medicaid program also helps low income families, children, the disabled and expectant mothers. But these groups are not addressed in this article.
How to choose the best elder law attorney?
Take the time to interview prospective attorneys. Not every attorney is right for each client. The attorney/client relationship must be built on mutual trust and understanding. Ask questions about fees and services. Ask lots of questions before selecting an elder or special needs law attorney.
Why is it important to know elder law?
It is important for attorneys working with seniors, people with disabilities, and their families and loved ones, to have a broad understanding of the laws that may have an impact on a given situation to avoid future problems. Elder and special needs law encompasses many different fields of law.
Who is the National Academy of elder law attorneys?
The National Academy of Elder Law Attorneys (NAELA) is the premier U.S. association of U.S. attorneys who specialize in the legal issues of older adults and individuals with special needs. Hyman Darling, a Massachusetts elder law attorney and the president of NAELA, shares his insights to 10 common questions about elder law.
What is elder law and how can it help you?
“Elder Law is a specialized area of law that involves representing, counseling, and assisting seniors and their families in connection with a variety of legal issues, from estate planning to long term care issues, with a primary emphasis on promoting the highest quality of life for the individuals.
What are elder care laws?
Elder care law refers to legislation that pertains to the issues faced by elderly people. This includes how they are cared for, the enforceability of agreements that they enter, and how medical insurers treat them. Violations of the legislation that pertains to the elderly may carry civil or criminal consequences depending on…
What does elder law cover?
Elder law is a capstone. In other words, it covers several practice areas including family law, tax law, estate planning, probate etc.
What does elder law mean?
Definition of Elder Law. In its broadest sense, elder law is the specialized field of law that addresses the diverse legal needs of aging baby boomers and their elderly parents. This includes the following legal areas: Disability planning, including special needs planning.
Who is the best elder law attorney in Massachusetts?
Hyman Darling, a Massachusetts elder law attorney and the president of NAELA, shares his insights to 10 common questions about elder law. 1. How does elder law differ from general law practice?
How to choose the best elder law firm?
The only way to know is to ask. So remember to question the law firm about its range of experience, especially as it relates to the area of elder law in which you’re seeking help. Sometime later, you may need the firm for another facet of elder law, so it’s good to ensure its lawyers have a wide range of skills.
Is there such a thing as an elder law attorney?
In the last decade or so, a new category of law has emerged that specializes in helping people answer these questions and learn their rights.
Hyman Darling, a Massachusetts elder law attorney and the president of NAELA, shares his insights to 10 common questions about elder law. 1. How does elder law differ from general law practice?
When was the National Academy of elder law established?
The National Academy of Elder Law Attorneys was established in 1987 to help advance the quality of legal services provided to the aging population. 3: Are You One of the Few “Super Lawyers”?
When is elder law month in the US?
May is National Elder Law Month when elder law attorneys across the country help educate seniors and people with disabilities about their legal options and offer pro bono services.
Are there guardianship laws in New York State?
Guardianship for Incapacitated People in New York Under Article 81. Article 81 of New York’s Mental Hygiene Law authorizes a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity[1].
Can you legally stop an elder from going home?
“If an elder wants to go home, we can’t legally stop them if they are lucid and able to make rational decisions. We put a discharge plan in place that states how and where they will continue receiving care. That plan might include in-home care.
Guardianship for Incapacitated People in New York Under Article 81. Article 81 of New York’s Mental Hygiene Law authorizes a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity[1].
Where can I find an elder law attorney?
To find a qualified elder law attorney near you, click here . I understand that ElderLawAnswers is not a law firm and in contacting ElderLawAnswers I am not creating an attorney-client relationship or receiving legal advice.
What happens when a senior leaves their home?
Leaving their home in the community is a symbolic end to the life they worked for years to create.
What happens to seniors when they move to independent living?
For older adults who are vacating their long-time homes to take up residence in independent living (IL) communities, these normal stressors are often compounded by feelings of anger and sadness due to a perceived loss of freedom and vitality.
Can a senior move to an assisted living facility?
A move to independent living is not the tragic ordeal that many older adults believe it to be, argues Wallace. Unlike assisted living facilities and nursing homes, IL communities don’t accept seniors who need skilled nursing care or assistance with activities of daily living.
What can an elder law attorney do for You?
Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care.
What happens to the house if mom passes away?
If mom, daughter, and (perhaps) son-in-law own the house as joint tenants with right of survivorship, when mom passes away the house will go to the other owners without going through probate.
Can a home health aide leave your mother alone?
See if Medicare will pay for a Home Health Aide. If you have any other family, implore them to provide some respite care. To leave leave your mother alone for an extended period is foolhardy and dangerous. This field is required. This question has been closed for answers.
Do you need an elder law attorney for Medicaid?
That being said, even most attorneys are not competent to offer assistance in this very narrow area of specialization. If you decide that your situation warrants having an attorney help you, be sure to look for an elder law attorney with specific training and experience in the area of Medicaid planning for your state.
When to apply for Medicaid for an elder?
Of course, an elder’s health and care needs can change a great deal in that timeframe, especially if they have a chronic medical condition like dementia or Parkinson’s disease. It may be wise for some families to look into Medicaid planning even earlier to ensure they’re prepared when the need for long-term care arises.
That being said, even most attorneys are not competent to offer assistance in this very narrow area of specialization. If you decide that your situation warrants having an attorney help you, be sure to look for an elder law attorney with specific training and experience in the area of Medicaid planning for your state.
Of course, an elder’s health and care needs can change a great deal in that timeframe, especially if they have a chronic medical condition like dementia or Parkinson’s disease. It may be wise for some families to look into Medicaid planning even earlier to ensure they’re prepared when the need for long-term care arises.
What do you need to know about elder law?
They have seven kid… Find basic articles that clearly explain essential topics in the field of elder law, like Medicaid, Medicare, estate planning, and Social Security.
An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken by estate recovery after she passes?
Who is my mother’s agent under power of attorney?
I am my mother’s agent under a power of attorney. I have a large SUV that is difficult for her to get in and out of. I want to get a smaller vehicle that would be easier to access, but… How Can We Get an Answer from Medicaid About Whether Our Mother Qualifies for Home Care?
Can a personal representative serve as an elder law attorney?
State Laws Rule Elder Law Matters. State laws are very specific about what can and cannot be included in a will, trust, advance medical directive, or financial power of attorney. They control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney in fact.
Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care.
What to ask when looking for an elder law attorney?
There are a handful of organizations that focus on issues affecting retirees and people with disabilities. When searching for a skilled elder law attorney, it’s probably good to ask if he or she belongs to any of these to test his or her interest and continuing involvement in the topic.
It is important for attorneys working with seniors, people with disabilities, and their families and loved ones, to have a broad understanding of the laws that may have an impact on a given situation to avoid future problems. Elder and special needs law encompasses many different fields of law.
What makes an elder and special needs attorney?
Elder and special needs law attorneys bring to their practice a knowledge of their clients that allows them and their staff to ignore the myths relating to aging and the competence of people as they age and people with disabilities.
The National Academy of Elder Law Attorneys (NAELA) is the premier U.S. association of U.S. attorneys who specialize in the legal issues of older adults and individuals with special needs. Hyman Darling, a Massachusetts elder law attorney and the president of NAELA, shares his insights to 10 common questions about elder law.
In the last decade or so, a new category of law has emerged that specializes in helping people answer these questions and learn their rights.
The National Academy of Elder Law Attorneys was established in 1987 to help advance the quality of legal services provided to the aging population. 3: Are You One of the Few “Super Lawyers”?
Who are the clients of an elder law attorney?
Elder law focuses on providing legal services to senior citizens and younger people with special needs, such as early onset Alzheimer’s or Crohn’s disease, who want to manage their circumstances now and into the future [source: Goldberg ]. The client may also be a person helping a family member or friend in need.
What are the stages of financial exploitation of an elderly person?
Based on the above-cited study of Michael J. Tueth, M.D., financial exploitation generally develops in certain stages: The perpetrator (whether an opportunist or predator) first recognizes that the elderly person is vulnerable.