Elderly attorneys help elderly or disabled clients with legal issues specific to their stage of life. They help navigate complicated health issues, long-term care options, retirement, estate planning, and much more. While a general practice attorney may have some understanding of the needs of the elderly, an experienced and compassionate elder law attorney is the most reliable choice.
The following are some examples of the services provided by attorneys specializing in elder law:
Financial planning and asset preservation
No matter the value of your cash or assets, you don’t want to see a single penny go to creditors, the government, or falsified nursing home bills. Many prefer to be able to choose how assets are distributed after death. A qualified law firm can help you decide on the best asset preservation strategies for your financial situation and long-term goals. Some things you will discuss include:
– Avoid inheritance costs
– Minimize taxes on income, wealth and donations
– Protection against sentences
– Planning for long-term care costs
Wills and Trusts
Wills and trusts serve different purposes when it comes to estate planning. Both can be useful, but you will need to understand the advantages and disadvantages of each. Key points include:
– A will takes effect after your death, while a trust takes effect at the time of creation.
– A will goes through probate, which means that a court will oversee the process. A trust does not go through probate. Not involving the court allows the terms of the trust to remain private while a will is a public document.
– A trust allows you to designate assets and property to others before your death, which can be helpful in planning for illness or saving on taxes.
– A will can name a guardian for minor children and also include provisions for funeral arrangements.
Your attorney can help you determine if one or both documents are appropriate for your situation.
Medical care and long-term care
No one wants to think about the possibility of getting sick or disabled as we get older, but it is wise to plan ahead. If you are unable to make your own medical decisions, you will want to have a plan that spells out your health care wishes. Laws can vary by state, but some basic health-related tools you may want to discuss with your senior citizen attorneys include:
– Health Care Proxy/Power of Attorney: This document designates someone with the legal authority to communicate medical treatment instructions to a person. This is especially important if there is a chance that family members will disagree about treatment options in extreme situations.
– Advance Directives: This can be included with a health care proxy or be an entirely separate document. Detail the specific type of care the customer would like. Some examples are the person’s wishes regarding life support if comatose or vegetative and instructions in Do Not Resuscitate (DNO) documents.
– Living Wills: This document includes instructions if someone becomes terminally ill or enters a permanent vegetative state and designates when life-sustaining treatments must be stopped. It is different from a health care power of attorney, in that a living asset only takes effect when the person is totally incapacitated.
These are just a few of the many challenging and emotional areas where senior citizen attorneys can guide you. Having plans in place for your senior year means you can have peace of mind knowing your wishes will be followed.