Why Hire An Elder Law Attorney?
Elder Law is a legal practice area that addresses various legal issues related to the needs of seniors and individuals with disabilities. An Elder Law attorney utilizes a variety of legal tools and techniques to meet the objectives of older or disabled clients.
Key issues that Elder Law attorneys typically handle include:
Planning for Future Long-Term Care Costs and Asset Protection: If a client requires long-term care, an Elder Law attorney is knowledgeable about the various methods of financing that care. They work with clients to develop a comprehensive plan for locating and paying for appropriate services. Depending on the situation, the attorney may also assist families in protecting assets to the maximum extent permitted by law. Common programs that Elder Law attorneys frequently engage with include:
Medicaid (known as Medical Assistance or MA in Minnesota): A government program that offers healthcare coverage to individuals unable to afford their medical expenses. Eligibility criteria must be met, and assets must be appropriately reduced to qualify.
Elderly Waiver (EW): A Medical Assistance waiver program that funds home and community-based services for individuals aged 65 and older, who qualify for Medicaid, require a nursing home level of care, and opt to remain in their community.
Long-Term Care Insurance: A privately purchased insurance policy designed to cover the costs of care when an individual needs assistance with daily activities such as eating, bathing, dressing, toileting, or walking. Each policy comes with specific coverage guidelines.
Veterans Benefits: Financial and health-related benefits available to those who have served in the military, which may depend on length of service or service-related disabilities.
Executing the Right Legal Documents for Disability or Death Planning: An Elder Law attorney can assist clients with disability planning by preparing the necessary legal documents for financial and healthcare decision-making during periods of physical or mental incapacity. Important documents may include:
Health Care Directive (HCD): A legal document that designates an individual to make healthcare decisions on behalf of another person and outlines that person’s wishes regarding lifesaving procedures in the event of a terminal illness or injury. This document is used when an individual is unable to make decisions for themselves and may also detail personal preferences for end-of-life arrangements, such as organ donation, cremation versus burial, and funeral plans.
Power of Attorney (POA): A legal document that grants another person the authority to act on behalf of someone in legal or financial matters.
Wills: A legal document that specifies how a person’s assets will be distributed after their death during the probate process.
Revocable Living Trust: A legal document that manages a person’s assets during their lifetime, in the event of incapacity, and after their death.
Assisting During Incapacity Without Existing Legal Documents: If a client has not executed a Power of Attorney or Health Care Directive, an Elder Law attorney can help establish a Guardianship or Conservatorship to allow family members to make necessary decisions on behalf of the incapacitated person.
- Guardianship: A legal process that appoints someone to make personal decisions for the incapacitated individual, including medical decisions and residence choices.
- Conservatorship: A legal process that appoints someone to make financial decisions for the incapacitated person, giving them the authority to enter into contracts, pay bills, invest assets, and manage other financial matters.
Guiding Estate Administration After Death: The distribution of assets after death typically involves probate or trust administration. Elder Law attorneys assist families through these processes to ensure the prompt and efficient management of the deceased’s estate.