The US Census Bureau reports that over 55 million Americans are currently aged 65 or older, a number that is rising. Advances in medicine and technology are helping seniors enjoy longer, better quality lives than previous generations. The expanding needs of the US aging population are contributing to an increase in federal government senior assistance programs complexity and availability. Every senior has a unique set of circumstances that set parameters to navigate a successful aging plan, and the best way to determine what your plan should be is to retain the counsel of an elder law attorney.
How can an elder law attorney assist you?
An elder law attorney provides overarching coordination for the financial, legal and health care decisions that seniors face. Finding and paying for long term care is something that many seniors and their family members fail to plan for, which can result in running out of money or not being able to secure appropriate care. Seniors or their families should seek legal assistance well before there is a need for long-term care of a loved one to plan for what type of long term care is desired and how it will be paid for. While an elder law attorney cannot be a specialist in all facets of a seniors plan for aging, they work in conjunction with other specialists when specific expertise is required.
Elder law attorneys help create medical power of attorney and advanced health care directives for individuals with dementia, assist in choosing long-term care facilities, and organize financial resources for care costs. Those resources may include maintaining eligibility for Medicaid or Veterans’ benefits while protecting the senior’s assets for themselves and their legacy.
Elder law attorneys often assist with guardianships if a senior is no longer capable of making responsible and informed decisions regarding their health, living, and financial affairs, and no one has been designated to do so. Guardianships are normally a last resort, as they are costly, require court involvement for the lifetime of the incapacitated person, and a stranger could be appointed to oversee the incapacitated person’s finances. Ideally, a senior will have proper legal documents in place to avoid a guardianship, but unfortunately this isn’t always the case.
A solid estate or long-term care plan can eliminate the need for guardianship by designating representatives to handle financial and medical decisions if you or a family member become incapacitated. A properly drafted estate or long term care plan will also address how long term care will be paid for, and whether assistance with government benefits is necessary.
Identifying the right elder law attorney is essential for a senior, their future, and the future of their legacy. Typical questions to consider include: how long the attorney has specifically practiced elder law, if they have a particular specialty such as veteran’s benefits, Medicaid, estate planning or probate expertise. You should also seek an elder law attorney whose practice is dedicated to elder law as this area of law is often changing and it is important to have an attorney who is on top of the latest rule changes.
Selecting the right elder law attorney for your personal needs or those of a loved one will make a significant impact on your plan for successful aging. Start well in advance of the time you or your family anticipates the need for your long-term care. If we can help you or a loved one with your elder law needs, please don’t hesitate to reach out. (207) 848-5600 or check out our CONTACT page.
