Elder Law

While elder law attorneys work with people of all ages, they focus on issues that are particular to senior citizens and their families. Two of the biggest examples are: Nursing Home Medicaid Planning: one of the most common questions senior citizens have is “If I need a nursing home, how do I pay for it?”. This is an important question to ask, as most insurance plans do not cover nursing home care, and the out-of-pocket costs involved average anywhere to nearly$8,000 per month. The good news is that, if you qualify for Medicaid, it will cover most of your nursing home costs. The bad news is that in order to be eligible to qualify, you must meet very strict income and asset standards. This leaves most people in the no-man’s-land of being too wealthy to qualify for Medicaid, but too poor to pay out-of-pocket for nursing home care. However, there are ways to structure your assets in order to help you qualify for nursing home care. This is a complex area of law with constantly changing rules, so it is vital that you work with an elder law attorney who knows this process and is able to make sure that, no matter what happens in the future, you are afforded the best possible care. Learn more about nursing home Medicaid here.

Estate Planning: any attorney can draw up a simple will, trust or power of attorney, but senior citizens often find themselves in situations where such documents are not appropriate for their situation and could even lead to confusion and litigation after they pass away. For example, a person in the early stages of Alzheimer’s disease would need language in their trust that spelled out what would happen should the disease advance and the person becomes no longer able to manage their own affairs. Another common situation involves people wanting to leave money to a relative who is disabled and is receiving government benefits or who may not be responsible enough to manage money themselves.

These problems call for special trust provisions that make sure those benefits are protected or that those assets cannot be wasted by the relative’s bad decisions. In these and many other situations, it’s best to work with an attorney who is experienced in helping seniors with their unique issues.