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According to the official National Elder Law Foundation (NELF), Elder Law is the legal practice of counseling and representing older persons and persons with special needs, and their representatives about the legal aspects of health and long-term care planning, public benefits, surrogate decision making, legal capacity, the conservation, disposition and administration of estates and the implementation of their decisions concerning such matters, giving due consideration to the applicable tax consequences of the action, or the need for more sophisticated tax expertise.
Elder law services can benefit anyone who is aging, has an elderly loved one, or is concerned about their future care or estate planning. This includes seniors, caregivers, family members, and anyone who wants to ensure that they are protected as they age.
A power of attorney is a legal document that gives someone else the authority to act on your behalf. This can include making financial or medical decisions if you become incapacitated. An elder law attorney can help you create a power of attorney that meets your specific needs.
Most people should have a will. However, based on your situation, you can avoid wills and the entire probate process. This is not necessarily the best thing, but it is an option for many people. I will discuss all your options with you.
Probate is the process completed when a decedent leaves assets to distribute, such as bank accounts, real estate, and financial investments. Probate is the general administration of a deceased person's will or the estate of a deceased person without a will.
You can avoid probate with proper planning. This is not always the best option. But if your goal is for your heirs to avoid probate court, you can set up your estate so that all your assets pass outside of the probate process.
Yes, it is never too early to begin planning for your future. Young families particularly benefit from the peace of mind that goes with planning for your children's future.
Trusts are great in some circumstance - especially for people with large assets. They can also be a waste of money and make things overly burdensome for your beneficiaries. Don't create a trust just because you heard about potential benefits. Make sure that a trust is right for you.
A living will is a legal document that outlines your end-of-life wishes, such as whether you want life-sustaining treatment or not. It can also include instructions about organ donation, funeral arrangements, and other important matters. An elder law attorney can help you create a living will that reflects your wishes.
Probably not. There are times when Medicare or private insurance pays for a short-term, rehabilitation stay at a nursing home. Unless you have long-term care insurance, nursing home stays will likely come out of your pocket. With proper planning, Medicaid could cover most of your costs.
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