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7 Reasons why Consulting with an Elder Law Attorney is Beneficial

young girl hugging her grandfather with grandmother in background

 

Our legal needs and financial goals change throughout our lives. Many issues arise later in life, which makes it essential to seek the guidance of someone experienced in elder law. Working with an elder law attorney can offer many benefits, such as safeguarding assets, providing peace of mind, and ensuring that you and your loved ones are taken care of during life’s most challenging moments. 

Here are seven reasons why you should consider working with an elder law attorney for yourself or a loved one:

 

When Should I Contact an Elder Law Attorney?

 

1. Medicaid Planning

Access to quality healthcare is the one universal need of our senior community. For some, Medicaid is the best option when skilled nursing care is needed. Medicaid is a government-funded health insurance program that assists individuals who are unable to pay for their own long-term care. To qualify for Medicaid, one must meet certain financial and medical eligibility requirements. 

An elder law attorney can help you navigate the complex Medicaid rules and regulations. This may involve creating either a preventative or crisis based Medicaid plan to preserve your assets and ensure you receive the care you need. In some cases, a lawyer can also assist you in appealing a denial of Medicaid benefits. The support of a professional is critical when dealing with these complex and time-consuming processes.

2. Guardianship and Conservatorship

As people age, they may become incapacitated and unable to make decisions for themselves. In these situations, a court may appoint a guardian or conservator to make decisions on their behalf. 

An elder law attorney can assist you in obtaining guardianship or conservatorship of an elderly or incapacitated person or provide support for contesting an unlawful guardianship or conservatorship. An elder law attorney can also assist you in understanding the responsibilities and duties of a guardian or conservator and can help you make informed decisions about your loved one’s care.

3. Elder Abuse and Fraud Protection

Unfortunately, older individuals are often targets of elder abuse and financial exploitation. An elder law attorney can help you protect yourself or a loved one from these types of abuse and can assist you in reporting and resolving these issues. 

An elder law attorney can also provide guidance on safeguarding your assets and preventing fraud. Additionally, an attorney can assist you in creating a plan to ensure that your wishes are respected if you become incapacitated.

4. General Long-Term Aging Counsel

Elder law attorneys are equipped to handle a range of other legal issues that may arise for older individuals. As experienced professionals who have worked with clients in similar situations, these lawyers can act as counselors to advise on other issues that may arise. For example, they can assist with issues related to retirement planning, such as creating a plan for managing retirement assets and ensuring that you have sufficient income to maintain your standard of living. They can also provide guidance on reverse mortgages, allowing older individuals to convert the equity in their homes into cash without selling their homes. 

An elder law attorney can also assist with issues related to aging in place, such as understanding the rights of tenants in assisted living facilities and ensuring that you have the necessary legal documents in place to manage your care. They can also help with issues related to Medicaid and Medicare, such as appealing denied benefits and navigating the complex rules and regulations that govern these programs.

5. General Estate Planning

Estate planning is a critical aspect of elder law and is one of the most common reasons why older individuals seek the guidance of an elder law attorney. Estate planning allows you to control the distribution of your assets after your death and can ensure that your wishes are respected. 

An elder law attorney can help you create a comprehensive estate plan that meets your specific needs and goals. This can include the creation of a will, trusts, powers of attorney, and advanced healthcare directives. With the help of an experienced elder law attorney, you can ensure that your assets are protected and distributed in a manner that aligns with your wishes.

6. Special Needs Planning

For families with a loved one who has a disability or special needs, planning for their future care can be a daunting task. An elder law attorney can help you navigate the complex legal and financial issues that are involved in special needs planning. This may include creating a special needs trust, which is a trust designed to provide for the care of a person with a disability without jeopardizing their eligibility for government benefits. 

An elder law attorney can also assist you in understanding the benefits and drawbacks of different types of trusts and help you create a plan that meets your specific needs and goals.

7. Support and Guidance in End-of-Life Planning: This may include creating advance healthcare directives, such as living wills and durable healthcare powers of attorney, which allow you to make your wishes known about medical treatment in the event that you become unable to make decisions for yourself. An elder law attorney can also assist with funeral planning, such as understanding your rights as a consumer and ensuring that your final wishes are respected.

 

Get Legal Help

If you or someone you love may need help with any of these or similar issues, reach out to a Florida elder law attorney today. From Medicaid planning and special needs assistance to elder abuse and fraud protection, an elder law attorney can provide you with the guidance and support you need to navigate the complex legal and financial issues that are involved in aging. Reach out to the professionals at Hoyt & Bryan today to see how we can help. 

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The Law Offices of Hoyt & Bryan is Central Florida’s leading estate planning and elder law firm and the only Florida law firm with two attorneys board certified in both Wills, Trusts and Estates as well as in Elder Law. We were founded in 1999 and our main office is located in the heart of historic Oviedo, Florida. 

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