Older adults and disabled individuals encounter distinct legal challenges. It may seem difficult to handle these issues alongside other life pressures. As an older or disabled individual, you might face increased medical costs and mobility challenges – making legal considerations particularly difficult to think about. Fortunately, you can tackle these issues effectively alongside legal professionals. Whether you need to handle estate planning, social security, or any other legal consideration, a qualified elder care lawyer can help. Here are just a few legal considerations that you may face as a disabled or elderly adult in the United States:
Estate Planning
A key consideration for elderly individuals is estate planning. This may also represent an urgent issue for disabled individuals. If your condition is terminal, it is important to get started with an estate plan as soon as possible. You should also consider your estate plan if your disability will shorten your lifespan.
That being said, virtually anyone can benefit from an effective estate plan. This includes young, old, healthy, and ill people. It is never too early to get started with an estate plan, and your lawyer can help you begin this process.
Estate planning is a very broad area of law. It contains numerous steps and procedures, including:
Trusts
Wills
Advance directives
Powers of attorney
Life insurance
At the very least, you should establish a Last Will and Testament. This document identifies your beneficiaries and an executor. The executor will carry out your wishes and make sure your beneficiaries receive any assets you leave behind. If you plan to pass away with few assets, your executor may still play an important role in settling your remaining debts.
A more advanced estate planning tool is a trust. Unlike a Will, a trust may go into effect after or before your passing. You have many other options for your trusts, and they may help you achieve your specific estate planning goals with greater accuracy.
Estate planning is not just about protecting your assets, however. It may also involve making important decisions ahead of time. This might include your decisions about medical procedures. You can also select individuals to make decisions on your behalf if you ever become incapacitated.
Asset Protection
If you are approaching your twilight years or have a serious disability, you should also consider asset protection strategies. Many elderly people become vulnerable to fraud and scams. Disabled individuals may also face financial abuse, particularly if their condition is mental in nature.
An experienced lawyer can help you protect your assets in a number of ways. A trust may provide your assets with a layer of protection. A trustee controls your trust funds, and they may investigate potential transactions on your behalf before distributing funds. You might also consider relatively simple banking tools to protect your assets from hackers and digital fraud.
Business Succession
If you own a business, you should consider business succession as you approach retirement. Business succession ensures that your operation passes into the right hands after you retire or die. For example, you might select a family member as your “successor.” This is the person who will lead your business after your passing.
Alternatively, business succession may involve selling your business. This could be the right move if you need the resulting cash for your retirement. With certain strategies, you can sell your business to a successor and receive periodic payments in return. These periodic payments can provide reliable, passive income throughout your retirement.
Healthcare Access
Access to healthcare is critical for elderly and disabled individuals. Fortunately, programs such as Medicare and Medicaid make accessing treatment easier and more affordable. However, applying for these programs can be challenging. To give yourself the best possible chance of success, consider working with an elderly care lawyer.
Many Americans are ineligible for these programs due to financial factors. For example, Medicaid is mostly reserved for low-income people. However, you can make certain alterations to your financial situation with help from a lawyer. Relatively minor alterations could help you qualify for Medicaid.
Homestead Exemptions
As an elderly person, you might want to explore homestead exemptions in your State. These exemptions vary from State to State, but they can provide much-needed financial relief during retirement. For example, a homestead exemption may help you avoid rising property taxes. This strategy may be particularly useful in areas where real estate has risen sharply in value. Homestead exemptions can also help you avoid debts and creditors in some states. Some seniors can qualify for Medicaid and other programs by real estate adjustments.
VA Benefits
If you have served your nation in the military, you likely qualify for VA Benefits. These benefits can be quite comprehensive, and it is worth taking full advantage of them. VA Benefits can pay for your medical expenses. You can also receive free treatment for mental health issues, dental, and much more.
Social Security
Social Security is another potential consideration for disabled and elderly individuals. If you qualify, you can receive Social Security retirement benefits for the rest of your life once you stop working. You may also qualify for Social Security benefits if you lose the ability to work due to a disability. In addition, your spouses and children can receive income through this program in certain situations.
Social Security calculations depend on numerous factors. To get the maximum benefit amount based on your specific needs, it helps to work alongside a qualified, experienced legal professional. You may need to make certain adjustments to your finances to qualify for higher benefits.
Contact the Elderly Care Law Firm Today
Each adult approaches disability and retirement with slightly different needs. An online article can only provide you with basic information without taking these unique needs into account. In contrast, a consultation with an elderly care lawyer can offer you personalized guidance based on your specific circumstances. Whether you are facing retirement, disability, or both, the Elderly Care Law Firm can help you address any legal considerations along the way. To begin this important discussion, book a consultation today.
A power of attorney is a legal document that gives an individual the authority to act on behalf of another. This is one of the most effective estate planning tools you can employ, and it allows you to control the course of your life even when you cannot make your voice heard. Perhaps most importantly, this estate planning document can help virtually anyone. Unlike other estate planning tools, a power of attorney is not reserved for the ultra-rich or those with complex business operations. Instead, this document can be effective regardless of your situation – and your age. As with many estate planning documents, people may have various questions when approaching a power of attorney:
What is a Power of Attorney?
A power of attorney is an estate planning document that transfers decision-making authority to someone of your choosing. When you become incapacitated, this legal document goes into effect. Your family will read the document and receive instructions on who will make decisions on your behalf. From there, the designated individual will assume control and act in your best interests during your period of incapacitation. Depending on the circumstances, they may be able to make a range of important decisions on your behalf.
When Does Someone Need a Power of Attorney?
The first thing to understand about a power of attorney is that it can help virtually anyone. Even young adults can benefit from this type of document. Why? Because anyone can become incapacitated in the near future. Just consider how dangerous car accidents can be. You might suffer a coma, a debilitating head injury, or some other kind of incapacitating issue during everyday activities. Suddenly, your family would be faced with uncertainty.
Some of your loved ones might assume that you want a certain medical procedure, while others might disagree. Before long, your family could be arguing about what you would have wanted – and this can lead to rifts that last lifetimes. One family member might believe that they should sell your house to pay for your medical treatments, while another might disagree.
A power of attorney prevents these disputes by putting sole decision-making authority in the hands of a single individual. This not only helps avoid conflicts within the family but it also streamlines the decision-making process. Often, these decisions must be made quickly. A slight delay could mean missed opportunities. In a medical context, undecisive family members might even cause you to lose access to effective treatment. A power of attorney eliminates time-consuming decisions and allows an individual to make fast, decisive actions on your behalf.
Are There Different Types of Power of Attorney?
Yes, there are numerous types of power of attorney documents. The most basic form of power of attorney gives a chosen individual (known as an “agent”) complete decision-making authority over virtually every aspect of your life. These might include financial decisions and medical decisions. This is often called a “general” power of attorney. Aside from medical and financial decisions, they can act on your behalf in virtually any scenario imaginable. These might include your family business, legal matters, and so on.
You might also choose a power of attorney that deals only with financial matters. Somewhat predictably, these documents are called “financial powers of attorney.” In this arrangement, your agent will only have the authority to handle your financial decisions and nothing else. These might include selling the family home, paying your bills, collecting your retirement benefits, and filing your taxes.
Another type to consider is a medical power of attorney. As you might expect, this type of document gives an agent the authority to make medical decisions on your behalf and nothing else. They may choose specific treatments for you, select medications, and decide which hospital you will visit. They may also make important decisions regarding the end of your life. For example, they could make the decision to take you off life support. If you choose this type of estate planning document, you might want to make some of your most important medical preferences clear to your agent ahead of time.
Who Should I Choose as My Agent?
This is a question only you can answer. Ideally, you should choose someone who knows you well – someone who understands what you would want in various situations. Many people choose their spouses as their agents. However, this might not always be the best choice. A spouse has a high chance of suffering the same type of debilitating, incapacitating injuries as you if they are traveling in the same vehicle before an accident. Spouses are usually of the same age, and this might mean that they suffer cognitive decline or even dementia at the same time as you.
You might want to choose someone sufficiently “distant” from you – but with the same basic levels of trust as a spouse. If you have an adult child who lives apart from you, this could be an obvious choice. You might also consider a younger sibling or a close friend.
Remember, your agent may need to make important medical or financial decisions on your behalf. Because of these factors, many estate planners choose those with experience in these fields. For example, you might have a nephew who is an experienced accountant. You might also have a younger sibling who works as a nurse. These individuals may approach your various decisions in an efficient, confident manner.
Find a Qualified Estate Planning Lawyer Today
If you have been searching for an experienced estate planning lawyer, look no further than the Elderly Care Law Firm. Over the years, we have helped numerous estate planners with various strategies – including drafting powers of attorney. While online research may be a positive first step toward an effective estate plan, this process is highly personalized. The best estate plan for you depends entirely on your unique circumstances and family needs. To discuss these specific factors in more detail, consider booking a consultation at your earliest convenience. We will help you determine if a power of attorney is the right choice.
Elderly Law is a rapidly growing area of law that focuses on helping clients with their legal, financial, and medical needs as they age. Many seniors might believe that they do not need legal assistance, and they may prefer to wait until they encounter a serious legal problem before contacting an elder care attorney.
However, the best plans are proactive, not reactive. Planning ahead ensures that seniors can easily navigate future challenges, no matter what might occur during their twilight years. What exactly is elder care law, and what is the best way to navigate this legal landscape?
What Does Elder Care Law Cover?
There are many aspects of elder care law:
Financial Planning: Elder care lawyers can assist seniors with many aspects of financial planning. These might include issues related to family businesses, life insurance, retirement assets, and many others.
Estate Planning: Seniors can work with estate planning attorneys to put their affairs in order long before their passing. Estate planning might include matters related to wills, trusts, advance directives, powers of attorney, and much more.
Medicare/Medicaid Planning: Qualifying for programs like Medicaid or Medicare is a key concern for many seniors. This is especially true as they grow older and inevitably encounter new medical issues in the process.
Social Security Planning: Seniors might also become eligible for Social Security as they age, especially after retirement. This vital form of financial support helps seniors approach their twilight years with a measure of security.
Elder Abuse: Unfortunately, many seniors encounter serious degrees of abuse from various sources. This can take many different forms, including financial abuse. Lawyers can assist seniors and their families as they protect themselves from abuse while seeking justice for past offenses.
Nursing Home Lawsuits: Seniors may decide to sue nursing homes for a range of unlawful acts. Many nursing homes throughout the nation have been forced to shut down due to a number of violations that put seniors in danger.
Guardianship/Conservatorship: Guardians and conservators can represent the best interests of their senior loved ones, perhaps taking control over major decisions to avoid potential issues in the future. These decisions might involve financial matters, medical treatments, or both. Elder care lawyers can help family members become legal guardians or conservators in the future.
Tax Issues: Finally, elder care lawyers may assist seniors and their families with various tax issues, minimizing these expenses to the greatest extent possible. In many cases, tax issues overlap with the estate planning process.
Who Needs Elder Care Legal Assistance?
Contrary to popular opinion, elder care isn’t reserved for seniors. Many people might benefit from speaking with an elder law attorney:
Seniors: The people who benefit the most from elder care law are seniors. The entire branch of elder care law is geared toward their best interests.
Families: Family members stand to benefit immensely from elder care law. By putting certain legal protections into place for their seniors, family members can experience peace of mind. They may also lower their own financial burdens by exploring opportunities for healthcare, social security, and more. Finally, family members can spend less time caring for their seniors after using new sources of funding to organize caretakers and health care professionals.
Beneficiaries: Beneficiaries can protect their inheritance with help from elder law attorneys. Seniors may be especially vulnerable to financial abuse – including scams. By exploring various estate planning options, beneficiaries can protect the family fortune and ensure that this wealth is passed down through the generations.
Caretakers: Those who find themselves caring for seniors can also benefit from elder care law. These caretakers might be family members, medical professionals, close friends, or spouses.
How Can an Elder Care Lawyer Help?
Elder care lawyers can assist in a number of different ways:
Protecting Seniors: An elder care lawyer’s first priority is to protect the best interests of seniors. They may do this by helping them avoid scams, guiding them toward better healthcare access, and preventing them from making common mistakes.
Protecting Wealth: Elder care lawyers also play a vital role in protecting family wealth. They accomplish this goal primarily through the estate planning process. One of the key priorities for many families is to avoid estate and inheritance tax, and elder care lawyers can employ many suitable strategies to achieve these goals.
Taking Action: In many situations, elder care lawyers help seniors and their families sue negligent parties. These negligent parties may be nursing homes, scam artists, health care providers, or anyone else who has harmed the senior in some way.
Providing Advice: Even if families decide not to move forward with an elder care lawyer, they may still benefit from legal advice. Many lawyers provide plenty of guidance during initial consultations, and families can use this knowledge to move forward and handle their own affairs in a way that meets their unique financial goals.
Lowering Costs: Elder care lawyers may also help seniors and families lower their everyday living costs. For example, a lawyer might be aware of a new program or source of government funding. It might be possible to get a government grant as you renovate your senior’s home. A senior might qualify for Medicare, Medicaid, or Social Security without realizing it. One of the most overlooked sources of funding comes from the Veterans Affairs organization (VA), and many seniors are eligible for excellent support due to their past service.
Find an Elder Care Lawyer Today
Consider booking a consultation with the Elderly Care Law Firm to learn more about elder care law. Navigating this legal landscape is not only a complex process but also a highly personalized journey.
Each senior has their own unique priorities and needs to consider, and the best elder care plan takes into account all of these specific factors. Online research is a positive first step, but a consultation with an attorney leads to real action. Reach out today to get started with an effective action plan.
If you are unable to work due to a disability, you may be eligible for Social Security Disability Insurance (SSDI) benefits. SSDI can provide a lifeline for people with disabilities, but the application process can be complex and daunting.
At Elderly Care Law Firm, we are SSDI experts. We have a proven track record of success in helping people with disabilities obtain the benefits they deserve. We are committed to fighting for your rights and ensuring that you receive the maximum benefits possible.
In this blog post, we will share a 3-point plan for securing SSDI benefits:
Gather strong medical evidence.
One of the most important things you can do to increase your chances of SSDI approval is to gather strong medical evidence to support your claim. This may include medical records, doctor’s notes, and test results. Be sure to include all relevant medical documentation, even if you think it is not important.
Be honest and accurate in your application.
The Social Security Administration (SSA) will carefully review your application for any inconsistencies. If you are caught lying on your application, you could be disqualified from receiving SSDI benefits. Be sure to answer all questions honestly and to the best of your ability. If you are unsure about how to answer a question, ask your attorney for help.
Work with an experienced SSDI attorney.
An experienced SSDI attorney can help you gather the necessary evidence, file your claim, and represent you at all stages of the application process. SSDI attorneys know the SSA system inside and out, and they can help you increase your chances of approval. Many SSDI attorneys offer free consultations, so there is no risk in speaking with one to see if they can help you.
If you are considering applying for SSDI benefits, we encourage you to contact Elderly Care Law Firm today for a free consultation. Our experienced SSDI attorneys can help you navigate the system and increase your chances of approval.
Additional tips for increasing your chances of SSDI approval
Be prepared to wait. The SSDI application process can take several months, so it is important to be prepared to wait.
Be patient. The SSA can be very slow to process applications, so it is important to be patient and persistent.
If you are denied benefits, don’t give up. You have the right to appeal the decision.
Elderly Care Law Firm is here to help
If you are unable to work due to a disability and you are considering applying for SSDI benefits, we encourage you to contact Elderly Care Law Firm today for a free consultation. Our experienced SSDI attorneys can help you navigate the system and increase your chances of approval.
We understand the challenges that people with disabilities face, and we are committed to fighting for the rights of our clients. We will work tirelessly to ensure that you receive the SSDI benefits you deserve.
Why choose Elderly Care Law Firm?
We are SSDI experts with a proven track record of success.
We are committed to fighting for your rights and ensuring that you receive the maximum benefits possible.
We offer a free consultation to discuss your case and answer any questions you may have.
Call us at (305) 783-3013, (305) 836-3315 or (954) 367-9457, or visit our website at [elderlycarelawfirm.com/] to schedule your consultation.
Although Medicare was created to make healthcare easier for those in need, the system itself may not be easy to navigate. If you are encountering the Medicare program for the first time, you might have all kinds of questions about eligibility, benefits, retirement, and much more. Fortunately, a little internet research goes a long way. By answering five of the most common Medicare questions, we can provide you with plenty of insights. Using these insights, you can make a more informed decision about your Medicare journey.
Who is Eligible for Medicare?
One of the most obvious questions about Medicare involves eligibility. Determining whether you are eligible for Medicare should be your first step in this process, as there is no point in pursuing this further if you will simply be rejected. So how do you know whether you are eligible for Medicare?
According to the US Department of Health and Human Services, Medicare is primarily geared toward people who are 65 or older. In other words, this problem was designed specifically for retirees. That said, there are a few groups who may become eligible for Medicare even before the age of 65. These groups include:
Those with disabilities
Those with End-Stage Renal Disease
Those with ALS
In addition, there are a few other requirements to consider if you are planning to apply for Medicare. First of all, you need to be a US citizen to qualify for this program. Alternatively, you can qualify if you are a permanent legal resident, but only if you have lived in the country for at least five years.
Finally, you may need some kind of work history in the United States in order to qualify for this program. Those who have been receiving Social Security often qualify for Medicare, and Railroad Retirement recipients fall into the same general category. Alternatively, you may qualify for Medicare if you are a government employee or retired government worker. These government workers may qualify even if they have not paid into Social Security – as long as they have paid Medicare payroll taxes during their career. In addition, you may qualify for Medicare if your spouse is a government worker who falls into this category.
What Kind of Benefits Does Medicare Provide?
The coverage and benefits provided by Medicare may vary depending on your choices and your unique circumstances. Most Medicare recipients are faced with one major choice, and this is a choice between “Original Medicare” and a “Medicare Advantage Plan.” Medicare Advantage is also known commonly as “Part C.”
Original Medicare consists of Part A and Part B. This plan is completely managed by the federal government, and it covers a wide range of healthcare providers. The government pays a portion of the total cost of these medical services.
Part A focuses on hospital care, and it may include nursing homes. On the other hand, Part B covers regular visits to the doctor for non-emergency reasons. In addition, Part B may cover various supplies and additional services, as long as they are “medically necessary.” Finally, Part B includes certain types of preventative care, ambulance services, some mental health treatment, and certain prescription drugs.
While Part A and B are covered by the federal government, Part C is entirely handled by private insurance companies. Also known as Medicare Advantage, this program provides all of the benefits listed under Parts A and B while also offering additional coverage for prescription drugs. A number of additional healthcare services may be bundled together with Advantage plans, including vision, hearing, and dental care.
When Should I Claim Medicare?
Generally speaking, it is a good idea to claim Medicare as soon as you become eligible. There are certain penalties for signing up late, and you need to be aware of the specific enrollment periods that apply to your situation. The most obvious option is to sign up for Medicare as soon as you turn 65. Whatever the case may be, you can feel relatively confident about being accepted as long as you are 65 years of age. Another option is to leave your active group health plan and transition to Medicare.
In fact, you can start the enrollment process three months before you turn 65. This is known as the Initial Enrollment Process or “IEP.” In addition, you can apply three months after you turn 65 – which gives you a total of 6 months to file your application during this window. As previously noted, there are certain situations in which people may become eligible for Medicare even before they turn 65 – so it’s probably a good idea to begin the conversation with an elder law attorney as soon as possible.
What is the Difference Between Medicare and Medicaid?
People often get Medicare and Medicaid confused. While Medicare is essentially just a state-funded health insurance plan, Medicaid is basically a type of welfare. Medicaid has more strict eligibility requirements, as this program is specifically geared toward people with limited resources. In addition, Medicaid may provide coverage for things that Medicare may not cover, such as nursing home care. Medicaid may also cover younger adults or even children, while Medicare targets elderly individuals.
What is Part D of Medicare?
Part D of Medicare refers specifically to prescription drugs. This is an option upgrade for your standard Medicare plan, and it is included in Advantage plans. That being said, some types of prescription drugs are covered by Plan A and D.
Who Can Help With My Medicare Journey?
While internet research is a positive first step, it can only get you so far. Aside from these five common questions, there are many other confusing aspects of Medicare that can be difficult to wrap your mind around. In order to approach this process with a degree of confidence and efficiency, it may be worth booking a consultation with the Elderly Care Law Firm. During this initial meeting, you can ask any additional questions about the Medicare process. Reach out today to get started.
As your elderly parent approaches the possibility of moving into a nursing home, you may find yourself facing both emotional and financial challenges. The costs associated with nursing home care can be significant, leaving you worried about how to cover these expenses while also preserving your parent’s hard-earned assets.
At Elderly Care Law Firm, we understand the unique concerns that come with this transition. Our mission is to provide compassionate and expert guidance to families like yours, helping you secure your parent’s financial well-being and protect their legacy for future generations.
One crucial step in ensuring your parent’s financial security is establishing a comprehensive Medicaid planning strategy. Medicaid is a government program designed to offer health insurance and long-term care coverage for individuals with limited income. Qualifying for Medicaid can allow your parent to receive essential care without depleting their assets.
There are various Medicaid planning strategies available, tailored to your parent’s specific circumstances. Some commonly used strategies include:
Asset Spend-Down: To qualify for Medicaid, it may be necessary to reduce your parent’s assets to meet eligibility requirements. This can involve using their resources to cover living expenses, medical bills, and necessary costs.
Asset Transfers: In certain situations, transferring some of your parent’s assets to their children or other family members can be an option without jeopardizing Medicaid eligibility. However, it’s essential to be aware of the Medicaid “look-back period,” which typically spans five years before applying for benefits. Any asset transfers during this period may impact eligibility.
Medicaid-Compliant Trusts: Medicaid-compliant trusts are specifically designed to help individuals qualify for Medicaid while preserving assets. These trusts come in various forms, so consulting an experienced elder law attorney is crucial to select the most suitable option for your parent.
In addition to Medicaid planning, there are other steps you can take to safeguard your parent’s finances in a nursing home:
Ensure your parent has a comprehensive estate plan, including a will, power of attorney, and living trust. These documents can help ensure their assets are distributed according to their wishes upon their passing.
Regularly review your parent’s financial situation as their health declines. This will help you ensure they can cover their living expenses. If financial challenges arise, explore options to reduce expenses or increase income.
Consult with a financial advisor who can assist in crafting a plan to manage your parent’s finances effectively and protect their assets.
While protecting your parent’s finances in a nursing home may appear complex, remember that you don’t have to navigate this journey alone. Elderly Care Law Firm is here to provide you with the support and guidance you need. Our team of experienced attorneys specializes in elder law, Medicaid planning, and estate planning, ensuring that your parent’s assets are secure, and they receive the care they need.
Contact Elderly Care Law Firm today to schedule a consultation and learn how we can help you protect your parent’s financial future and legacy.
