Elder Law in Family Practice: Key Considerations
As the average life span and the number of American senior citizens continue to increase, elder law has become increasingly prominent. Elder law is a specialized field of law dealing with legal issues affecting the elderly. These issues include health and long-term care planning, estate planning, Medicaid planning, retirement planning, guardianship, and elder abuse and exploitation.
While family members and friends can assist the elderly in navigating these legal issues, it is advisable to involve professionals, including elder law attorneys. Like the rest of the country, Arizona’s population is getting older. This growing senior population including in Yuma, AZ has made elderly law a crucial part of family law practice.
While elder law can be complex, a skilled Yuma elderly law attorney can help you navigate the legal complexities. They also help protect the well-being of the elderly. Whether you are a senior or taking care of an elderly family member, it is important to understand elder law’s key considerations and legal tools.
Key Considerations in Elder Law
Some of the key areas of consideration for legal assistance include:
- Estate Planning
Estate planning involves preparing legal documents to manage an individual’s affairs, including finances in the event of their incapacitation or death. An estate plan helps protect your legacy by ensuring asset division is according to your wishes.
While a person can make an estate plan at any age, most people only consider estate planning as older adults. Estate planning involves several tasks, including making a will, designating an executor and beneficiaries, setting up trusts, and establishing powers of attorney. An elder law attorney will help you make an estate plan, including completing the necessary tasks.
- Long-Term Care Planning
You will likely require some type of long-term care to maintain your quality of life as an older adult. Long-term care planning involves preparing for potential long-term care needs, including deciding between nursing home care and in-home care. Making long-term care decisions like choosing a nursing home can be overwhelming.
Long-term care planning can also be costly. An elder law attorney can help you navigate the complexities, including offering guidance on how to qualify for government assistance. They will guide you on long-term care insurance and Medicaid planning.
- Guardianship
You may become incapacitated or unable to do certain things for yourself as you get older. Guardianship involves appointing a trusted person to make important life decisions on your behalf in case of incapacitation. The issues legal guardians handle include healthcare decisions, where you will live, and who will provide your daily needs.
It is important to appoint a guardian early, otherwise, the court will appoint one for you. Appointing a guardian before potential incapacitation ensures it is someone you can trust to protect you and your loved ones. An elder law attorney can guide you when appointing a guardian.
- Elder Abuse and Fraud Protection
As unfortunate as it is, elder abuse and exploitation, including financial exploitation is very common. Since seniors at home and in nursing homes often depend on others for their needs, they are vulnerable to abuse, including physical, psychological, and sexual abuse.
Sometimes, their caregivers, including family members, financially exploit them. If you or a loved one is a victim of elder abuse, the law entitles you to compensation. A skilled elder law attorney can help you recover damages in an elder abuse claim. The lawyer will also help you implement strategies to stop financial exploitation.
Legal Tools in Elder Law
Powers of Attorney. This is a legal document in which you appoint a person you trust to make important financial and healthcare decisions if you become incapacitated or die. As an elder law tool, powers of attorney protect a senior’s rights and well-being in the event of incapacitation.
Living Wills. This outlines your medical preferences in case you are unable to state them due to illness or incapacitation. As an elder law legal tool, a living will often help outline a senior’s end-of-life healthcare wishes.
Trusts. These are legal documents allowing you to name a third party as your estate’s administrator or trustee on behalf of your beneficiaries. Trusts can be revocable, irrevocable, or special needs. In elder law, trusts help protect assets and ensure proper distribution.
Medicaid Planning Strategies. Medicaid assists seniors pay for their long-term care needs, including covering services not covered by standard health insurance like nursing home care. However, Medicaid applications can be complicated. Applicants must meet specific financial eligibility requirements to qualify. Applicants also need to implement techniques that legally protect their assets while qualifying for Medicaid.
An elder law attorney and an expert in Medicaid planning can help you qualify for Medicaid while legally protecting your assets. They will guide you through the complex application process. A lawyer will also help you plan early to avoid potential penalties when applying for Medicaid.
Why You Need an Elder Law Attorney
Navigating Arizona elder law regulations can be complex. As a field of law, elder law covers a wide range of issues, including estate planning, healthcare and long-term care planning, guardianship, and elder care abuse.
A combination of these issues may be too much to handle even for a standard family law attorney. You need a well-qualified and experienced elder law attorney to help you navigate these elder care legal issues.
A lawyer will also guide you on timely elder care planning, including making an estate plan as early as possible.
Unlike other family law attorneys, an elder law specialist attorney is often familiar with local resources and support networks for seniors. They will help you choose the best nursing home or in-home care services for your needs.
Contact a Yuma Skilled Elder Law Attorney
Mistakes in elder care planning can be costly. For instance, you can end up with an estate plan that does not protect your legacy or the people you love or a Medicaid planning strategy that does not protect your assets. It is therefore crucial to find an elder law attorney whose skills and experience align with your specific legal needs.
If you are in Yuma, AZ we are here for you. Our skilled and experienced elder law attorney at Mary Katherine Boyte, P.C. will help you navigate the legal complexities of elder law. We integrate elder law care services into family law practice to support your needs. We use the necessary elder legal tools to protect and ensure the well-being of seniors. Contact us today to schedule a consultation and learn more about our services.