What Is Elder Law?

Caring for an aging loved one can be stressful, rewarding, and, at times, confusing. The process can raise many questions about who will make medical decisions for your loved ones when they can’t. How can you plan for asset protection and reduce estate taxes? How can you protect your loved one from financial abuse and neglect?

Elder law is the legal practice that helps older people plan for the future and protect their health, medical care, and financial assets. For experienced help with your legal needs, contact a local elder law attorney.

What You Need to Know About Elder Law

Elder law primarily concerns legal issues related to long-term care planning and the estates of older adults. Important elder law topics include:

• Estate planning, including living trusts, advance directives, and powers of attorney for end-of-life decisions
• Medicaid or Medicare planning
• Long-term care needs
• Special needs trusts to provide for disabled family members without losing eligibility for Medicaid or public benefits
• Protections against possible elder abuse, neglect, and exploitation for nursing home residents

Elder law is defined less by the types of rules it concerns and more by the aging adults it helps.

Protect Your Rights and Safety as You Get Older

Elder law attorneys focus on protecting you and your finances. Find the top elder law attorneys in your area today by using the Super Lawyers directory.

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Assisted Living and Elder Care

Assisted living facilities or nursing homes that accept Medicaid or Medicare payments are covered by the Nursing Home Reform Act. This regulation requires assisted living facilities to assess each resident’s needs, ensure sufficient staff to meet those needs, and implement comprehensive care plans.

Nursing homes should also maintain accurate medical records and allow random inspections, including resident interviews. Above all, homes should maintain a resident’s dignity and respect.

The law also gives residents the right to be free from abuse, mistreatment, neglect, or physical restraint. Nursing homes should respect residents’ right to privacy and allow them to communicate freely, maintaining social connections with friends and family members. Residents should feel free to make decisions about their care and voice grievances without fear of repercussion.

End of Life Planning

Estate law is relevant for everyone, but it is vital for those approaching the end of their lives. When you create your will, you should consider including plans for incapacity, directions for trustees or executors for your estate, and funeral arrangements.

You might also want to consider creating advance health care directives so that your health care wishes will be followed.

Living Will and Advance Directive

A living will is a common advance directive that lets you have a say in your health care, even if you are too sick to make your wishes known.

This document can make complex decisions more manageable for your family by stating what kind of care you do — and do not — want.

Power of Attorney

A power of attorney (POA) is a legal document that lets you name a person who will make legal decisions for you. You can also create a healthcare power of attorney.

A healthcare POA designates someone to make medical decisions on your behalf. During this process, you will need to decide between a general power of attorney and a durable power of attorney. A general power of attorney will end if you cannot make your own decisions, but a durable power of attorney will remain in place.

Once you have created your estate plan, you may want to consider telling a trusted friend or family member where to find the documents at a future date. This will ensure your designee follows your wishes and takes care of your family.

Elder Abuse

As adults age, they become less able to care for themselves and more susceptible to elder abuse. Abuse can occur in families or long-term care facilities. Such maltreatment commonly takes the form of neglect or financial exploitation.

Caregivers and family members should be on the lookout for signs of abuse, and older adults should take steps to protect themselves from future incidents.

Elder Neglect

Neglect is the most common form of elder abuse. It involves the failure to fulfill a caretaking obligation. Sometimes the failure is intentional, but it can also stem from ignorance about the level of care a person needs.

Warning signs of elder neglect include dehydration, unusual weight loss, untreated physical problems, and unsanitary living conditions.

Caretakers should also be aware of self-neglect, which occurs when older adults refuse to seek help, often due to shame or fear of losing their independence. Family members should keep in touch with the older adults in their lives to help prevent isolation and ensure a good quality of life.

Financial Exploitation

Financial exploitation is the unauthorized use of a person’s funds or property. Older people can be victims of financial abuse by a caregiver or scammer. Exploitative caregivers might forge a signature or misuse a financial account. Caregivers authorized to access the older individual’s finances can exploit those funds if they use them for unauthorized purposes or personal gain.

Scammers commonly target the elderly by claiming they have won a prize but must pay money to claim it. Scammers might also call, claiming that a Social Security number or credit card has been compromised, in hopes of getting the numbers over the phone. Elderly individuals should consider taking steps to protect their assets from potential abuse.

Common Questions To Ask an Elder Law Attorney

Below are some common questions you might want to consider when meeting with an attorney for the first time.

1. What should I include in a living will?
2. How do I find trustworthy nursing home care?
3. Do you have probate court experience?
4. How do I report elder abuse?
5. Can I change my trust?
6. Does my loved one qualify for a guardianship or conservatorship?
7. What do I do if I think someone used undue influence to change my parents’ will?
8. How can I assist my loved one in health care decisions like Medicaid planning?

Finding the Right Attorney for Your Needs

It is crucial to approach the right type of attorney — someone with experience in elder care and planning law. To do so, you can visit the Super Lawyers directory and use the search box to find a lawyer based on your legal issue or location.

An elder law attorney can prepare the estate and health care planning documents you need to protect your loved ones. To help you get started, contact a local elder law attorney for legal advice.