Helpful tips

How to ask a question about elder law?

Page Contents

How to ask a question about elder law?

Ask us a question and we’ll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don’t hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney.

What can an elder law attorney do for my Grandma?

An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken…

Where can I find an elder law attorney?

To find a qualified elder law attorney near you, click here . I understand that ElderLawAnswers is not a law firm and in contacting ElderLawAnswers I am not creating an attorney-client relationship or receiving legal advice.

When is elder law month in the US?

May is National Elder Law Month when elder law attorneys across the country help educate seniors and people with disabilities about their legal options and offer pro bono services.

Where does my dad live when he is on Medicaid?

My dad is in a nursing home and qualified for Medicaid nearly three years ago. My mom still lives in their home in Pennsylvania. The deed was transferred into her name alone during Medicaid’s “spend down” period. She was planning to take out a home equity loan, but she has been told it might jeopardize my dad’s Medicai…

What do you need to know about elder law?

They have seven kid… Find basic articles that clearly explain essential topics in the field of elder law, like Medicaid, Medicare, estate planning, and Social Security.

An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken by estate recovery after she passes?

Can a caregiver sell a home if they have power of attorney?

“Even if they are a family member, if the caregiver has no legal authority [POA], then the caregiver has absolutely no right to sell the home. Period,” explains Wesley E. Wright, a certified elder law attorney with Texas-based Wright Abshire Attorneys. How can you sell a parent’s house if you have power of attorney?

What can an elder law attorney do for You?

Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care.

Who is the National Academy of elder law attorneys?

The National Academy of Elder Law Attorneys (NAELA) is the premier U.S. association of U.S. attorneys who specialize in the legal issues of older adults and individuals with special needs. Hyman Darling, a Massachusetts elder law attorney and the president of NAELA, shares his insights to 10 common questions about elder law.

Who is the best elder law attorney in Massachusetts?

Hyman Darling, a Massachusetts elder law attorney and the president of NAELA, shares his insights to 10 common questions about elder law. 1. How does elder law differ from general law practice?

What do you really need to know about elder law?

  • Estate Planning. One of the most critical aspects of elder law is estate planning.
  • Estates. Making a will is an important task for everyone so that your assets will be divided up as per your wishes.
  • seniors are eligible for certain government benefits.
  • Guardianship.
  • End of Life Decisions.
  • Elder Abuse.

    What is elder law and how can it help you?

    “Elder Law is a specialized area of law that involves representing, counseling, and assisting seniors and their families in connection with a variety of legal issues, from estate planning to long term care issues, with a primary emphasis on promoting the highest quality of life for the individuals.

    Why should I hire an elder law attorney?

    • you can be constantly stressed out.
    • Long-Term Care Is Complicated. Trying to manage and calculate a care plan for your loved one is difficult if you don’t have a lot of money in the bank.
    • Medicare and Medicaid Planning.
    • Veterans Need Extra Help.

      Why do you need a certified elder law attorney?

      Why? Because they have demonstrated that they understand your legal problems, and they can help you. The Certified Elder Law Attorney (CELA) certification has frequently been referred to as “the gold standard” for elder law practitioners. This reflects the hard work and proof required before an attorney can proudly proclaim that he or she holds the valued designation. Brian Tully has been Certified as an Elder Law Attorney since 2003.

      Who is the best attorney for elder law?

      K. Gabriel Heiser, J.D., is an attorney with over 25 years of experience in elder law and estate planning. He is the author of “How to Protect Your Family’s Assets from Devastating Nursing Home Costs: Medicaid Secrets,” an annually updated practical guide for the layperson. Going to see an elder law attorney before FIL moves in.

      Elder Law and Estate Planning For those of us with the benefit of having savings and assets through old age, what happens to it when we pass can be a source of stress. One of the key components of elder law is financial and estate planning, which can help give peace of mind in knowing that both you and your loved ones will be taken care of.

      How to choose the best elder law attorney?

      Take the time to interview prospective attorneys. Not every attorney is right for each client. The attorney/client relationship must be built on mutual trust and understanding. Ask questions about fees and services. Ask lots of questions before selecting an elder or special needs law attorney.

      The National Academy of Elder Law Attorneys (NAELA) is the premier U.S. association of U.S. attorneys who specialize in the legal issues of older adults and individuals with special needs. Hyman Darling, a Massachusetts elder law attorney and the president of NAELA, shares his insights to 10 common questions about elder law.

      Why is it important to know elder law?

      It is important for attorneys working with seniors, people with disabilities, and their families and loved ones, to have a broad understanding of the laws that may have an impact on a given situation to avoid future problems. Elder and special needs law encompasses many different fields of law.

      What makes an elder and special needs attorney?

      Elder and special needs law attorneys bring to their practice a knowledge of their clients that allows them and their staff to ignore the myths relating to aging and the competence of people as they age and people with disabilities.

      Can a 65 year old serve on a jury in Nevada?

      Elder Law Attorney. Some states have more complicated rules regarding seniors and jury duty. In Nevada, for example, everyone over age 65 who lives 65 miles or more away from the court is exempted from serving on a jury. Once you reach age 70 in Nevada, you are exempted from serving on a jury no matter where you live.

      What to do when elderly parent refuses needed care or legal considerations?

      The only legal advice I can give is what I’ve done: obtain Guardianship through Probate Court. Then you have the authority to make decisions for them. The only problem with this is, it does nothing to facilitate compliance. Our loved one can still refuse care. But I cannot answer your question regarding neglect.

      The only legal advice I can give is what I’ve done: obtain Guardianship through Probate Court. Then you have the authority to make decisions for them. The only problem with this is, it does nothing to facilitate compliance. Our loved one can still refuse care. But I cannot answer your question regarding neglect.

      Who is qualified to be a guardian of an elderly person?

      Many states give preference to the ward’s spouse, adult children or other family members, since they are often most familiar with the person’s unique needs and abilities. If a relative or friend is not willing or qualified to serve in this role, then a professional guardian or public guardian may be appointed. When Is a Guardian Appointed?

      Can a 90 year old father have hallucinations?

      90 year old father stopped eating & drinking today… You know, we can spend WAYYY too much time dwelling on our elderly parents that live in our homes… Worried about mom being isolated. A hospital stay for 88 year old Mom with blood clots in lungs and things she told me.

      What to do if you suspect an elder is being abused?

      If you think an elder in your life has been or is being abused, I can only urge you to speak up. But first, you need to gather some details and know where to file a report. The exact process varies from state to state, but in most situations, your local law enforcement office will have a form that allows you to report your concerns.

      How to stop elder abuse in New York?

      Working collaboratively to improve responses to the needs of victims. Together we can stop elder abuse. Developing powerful partnerships across disciplines, organizations and systems. Together we can stop elder abuse. Achieving safety, dignity and respect for all NYC’s elders.

      Where can I find the eldercare locator number?

      Welcome to the Eldercare Locator, a public service of the U.S. Administration on Aging connecting you to services for older adults and their families. You can also reach us at 1-800-677-1116 .

      How does a family member take care of an elder?

      A friend, family member, or caregiver forges the elder’s signature on financial documents to transfer ownership of property, assets, or other valuable resources. When an elder is hospitalized or away from their home and unable to pay bills, they may sign power of attorney over to a relative or friend to take care of their finances.

      What is the elder law in New York?

      The New York State Elder Law was originally enacted in 1965 and governs the New York State Office for the Aging, and the Area Agencies on Aging. NYSOFA is governed by Title 9 Subtitle Y of New York Codes, Rules and Regulations. These rules govern the administration of various funding streams and programs.

      Working collaboratively to improve responses to the needs of victims. Together we can stop elder abuse. Developing powerful partnerships across disciplines, organizations and systems. Together we can stop elder abuse. Achieving safety, dignity and respect for all NYC’s elders.

      What can AAAS do for older New Yorkers?

      Local AAAs are the gateway to home and community-based services that help older New Yorkers age in place. To help older New Yorkers maintain their health and independence, AAAs provide important services such as home delivered meals, congregate meals, nutrition counseling, health insurance counseling, caregiver support services, and much more.

      Is there an office for the aging in New York?

      The New York State Office for the Aging’s (NYSOFA’s) home and community-based programs provide older persons access to a well-planned, coordinated package of in-home and other supportive services designed to support and supplement informal care.

      What kind of attorney is an elder care attorney?

      Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death.

      How long does it take to find an elder law attorney?

      If you summarize your needs in advance, many lawyers will be willing to meet for 15 to 30 minutes at no charge. If there is a fee for a consultation, find out how much it will be. If you can, meet with a few lawyers and present the same situation to each.

      It is important for attorneys working with seniors, people with disabilities, and their families and loved ones, to have a broad understanding of the laws that may have an impact on a given situation to avoid future problems. Elder and special needs law encompasses many different fields of law.

      What does elder law cover?

      Elder law is a capstone. In other words, it covers several practice areas including family law, tax law, estate planning, probate etc.

      What are elder care laws?

      Elder care law refers to legislation that pertains to the issues faced by elderly people. This includes how they are cared for, the enforceability of agreements that they enter, and how medical insurers treat them. Violations of the legislation that pertains to the elderly may carry civil or criminal consequences depending on…

      What is elder law services?

      Elder law focuses on providing legal services to senior citizens and younger people with special needs, such as early onset Alzheimer’s or Crohn’s disease, who want to manage their circumstances now and into the future [source: Goldberg ]. The client may also be a person helping a family member or friend in need.

      Can a guardian refuse to communicate with me about her condition?

      We have been waiting for an answer from Medicaid about home care for our mother. We have sent in every type of documentation they have asked for, but each time we do, they come up with more that they need… Can My Mother’s Guardian Refuse to Communicate with Me About Her Condition?

      Who is my mother’s agent under power of attorney?

      I am my mother’s agent under a power of attorney. I have a large SUV that is difficult for her to get in and out of. I want to get a smaller vehicle that would be easier to access, but… How Can We Get an Answer from Medicaid About Whether Our Mother Qualifies for Home Care?

      Do you need legal counsel to ask elderlawanswers?

      I understand that ElderLawAnswers may not respond to my question at all and if it does it will do so in a general matter on which I cannot rely. If I want a specific legal response and guidance, I will seek independent legal counsel from an attorney duly licensed in my state. Ask us a question and we’ll answer it as soon as possible.

      An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken…

      Can a cousin have undue influence on a father?

      If a busybody cousin of yours regularly calls your father to give him an earful about what lousy kids you and your siblings are, and how he ought to cut you out of his will, that may influence your father (even if you hope it doesn’t). But her attempts at meddling don’t rise to the level of undue influence.

      Can a family member be accused of elder abuse?

      Carrie’s brothers are starting down the path of making themselves suspects of the crime of elder abuse. Besides shutting Carrie out of the decisions, they’ve taken her car, and are using her credit cards for personal things. This is a brewing crisis. Here are 7 warning signs everyone needs to know about if this is happening in your family.