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Regardless of whether you like it or not, we are all going to get older at some point or another. When that time comes, you want to ensure you have answers to questions such as where you will live, how you will receive care, and what will happen at the end. Many of these considerations necessitate help from elder law lawyers who are here to protect the interests of their clients, make preparations, and offer advice.
If you are planning ahead for this point in your life, or making plans for an elderly loved one, here are some things you need to know:
What Exactly Is Elder Law?
This refers to the branch of law that deals with numerous legal issues that affect elderly people. Specific and common issues that elder law attorneys deal with include:
- Conservatorship: More often than not, courts are needed in order to appoint a guardian for incapacitated people. This involves a legal proceeding where a judge decides whether or not they need to designate a guardian in order to make decisions for and manage the affairs of the elderly person. In general, the guardian is responsible for caring for the indisposed person and their financial affairs. Things that the guardian is responsible for include making sure the elderly person has the basic necessities, making medical care decisions, and managing the person’s finances.
- Estate Planning: This is the area of law that deals with the transfer of one person’s property to their designated heirs after their death. This generally occurs through what is referred to as the probate process, which is a complicated and generally long legal affair. Elder care lawyers are usually involved in estate planning affairs from the beginning to the end. Estate planning may come in many forms, including the following:
- Trust: Some people opt to set up a trust to manage their property once they pass away. In order to do this, the grantor, otherwise known as the person who sets up the trust, creates the trust and transfers property such as bonds, cash, and stocks to the trust’s control. A trustee is then appointed to administer the trust and distribute funds according to the terms of the trust.
- Will: This outlines how someone who has passed away wants their property doled out after their death. It also names an executor who will manage and distribute the deceased person’s estate. Each state has specific laws that govern the administration of someone’s estate once they have passed and for the drafting of wills. For these reasons, many people commonly hire an elder law attorney to draft up a will for them.
- Healthcare Plans: In the event that an elderly person becomes unable to take care of themselves, people can choose to make preparations in advance. This could be in the form of an Advance Care Directive, which outlines the medical care people would like to receive, and drafting a living will or giving someone the power of attorney, which allows someone to manage your financial affairs in case you are unable to do so.
- Social Security Issues: It is not uncommon for elderly people to rely on Social Security benefits during retirement. Issues applying for the benefits in the first place, ensuring they receive their benefits, or transferring benefits to a significant other may necessitate the help of an elder law attorney. Any of these applications, as well as an appeal of unfavorable decisions from the Social Security Administration, all fall under the umbrella of elder law.
