May 1, 2023
Estate Planning
Elder Law FAQ: What You Need to Know
Discover everything you need to know about Elder Law with our FAQ guide. Find answers to common questions about Medicaid, estate planning, and more.
What is elder law?
A: Elder law is a specialized area of legal practice that focuses on the legal issues older adults and their families face. These issues may include estate planning, long-term care planning, retirement planning, Social Security and Medicare, elder abuse and neglect, and guardianship and conservatorship.
What is estate planning?
A: Estate planning is the process of creating a plan for the management and distribution of one’s assets after death. This may involve creating a will, establishing a trust, designating beneficiaries for retirement accounts and life insurance policies, and making arrangements to pay debts and taxes.
What is long-term care planning?
A: Long-term care planning involves preparing for long-term care in a nursing home, assisted living facility, or home. This may include purchasing long-term care insurance, creating a plan for Medicaid eligibility, and making arrangements for paying for long-term care.
What is Medicaid?
A: Medicaid is a government-funded health insurance program for low-income individuals and limited resources. It may cover the costs of long-term care for eligible individuals.
What is elder abuse?
A: Elder abuse is the mistreatment, neglect, or exploitation of older adults. This may include physical, emotional, or financial abuse, neglect, or abandonment.
What is guardianship or conservatorship?
A: A guardianship or conservatorship is a legal arrangement in which a court appoints a person or entity to make decisions on behalf of an individual who is incapacitated or unable to manage their affairs. The guardian or conservator may be responsible for making decisions related to healthcare, finances, and other matters.
What is a power of attorney?
A: A power of attorney is a legal document in which an individual designates another person to act on their behalf in financial or legal matters. This may include managing bank accounts, paying bills, and making decisions related to property and investments.
What is a living will?
A: A living will is a legal document specifying an individual’s wishes regarding medical treatment if they become incapacitated or unable to communicate. It may include instructions on using life-sustaining measures or other medical treatments.
What is elder mediation?
A: Elder mediation is when a neutral third party facilitates communication and negotiation between older adults and their families to resolve disputes related to caregiving, finances, and other issues.
What should I look for in an elder law attorney?
A: When choosing an elder law attorney, you may want to consider their experience in handling cases similar to yours, their reputation in the community, and their communication skills. It may also be helpful to choose a compassionate attorney who understands the unique needs of older adults and their families.
