Elder Law
What Is Elder Law?
Elder law is an area of the law that addresses estate planning, retirement benefits, health care and management, and other needs and issues related to aging.
Elder law, which can vary from state to state, is designed to protect the needs of older adults.
What Are the Primary Areas of Elder Care Law?
Here are some of the legal topics for which older adults may need legal assistance and, therefore, fall under elder law.
- Estate Planning. Often mistakenly thought of as just for the wealthy, estate planning involves preparing for what happens to your property and other assets after your death.
- Wills and Trusts. Creating a last will and testament, a living trust, and other legal documents is an integral part of estate planning as they provide instructions for who inherits your assets.
- Probate Laws. This set of laws governs how your estate is settled after your death. For example, assets that you have placed in trust will not go through probate, which can be a lengthy court process.
- Social Security Benefits. Elder law can address issues involving an individual Social Security benefits, including whether someone can (or should) claim spousal benefits.
- Medicare Coverage. Elder law also includes decisions regarding Medicare enrollment and coverage options.
- Incapacity Planning. Although someone may become incapacitated at any age, it occurs more frequently in the elderly. This part of elder law involves the procedures for giving a trusted individual durable power of attorney to make healthcare and financial decisions for you if you are unable to make them yourself. An advance directive is a legal document that provides instructions for medical care if you are incapacitated.
- Guardianship. Without an incapacity plan in place, the court may appoint a guardian (a family member or a professional) to make fiduciary and vital decisions for an incapacitated person.
- Long-Term Care. This part of elder care involves planning for custodial care (in-home or in an assisted living facility) if you should need it.
What Are Elder Abuse Laws?
An unfortunate part of elder care law involves elder abuse. Older adults who are not able to care for themselves can be vulnerable to neglect, mental or physical harm, and others taking financial advantage of them.
Federal and state laws are in place to protect people from elder abuse and guide the actions and practices of facilities and agencies that deal with the elderly. Laws can vary from state to state, according to the National Elder Law Foundation (NELF).
POA vs. Guardianship in Elder Care Law
Some of the terms involving elder care law can be confusing. As a result, some families consult an elder care attorney to ensure they have covered all the bases in elder care planning. One of the common questions people have involves POA vs. guardianship.
These two legal terms are related but have a key difference. Power of attorney (POA) is an estate planning document that provides instructions for someone’s care if they are incapacitated. On the other hand, guardianship (also called conservatorship) refers to the individual named to carry out the incapacitated person’s wishes.
Helpful Resources:
National Elder Law Foundation - Home
What Is Elder Law?
Elder law is an area of the law that addresses estate planning, retirement benefits, health care and management, and other needs and issues related to aging.
Elder law, which can vary from state to state, is designed to protect the needs of older adults.
What Are the Primary Areas of Elder Care Law?
Here are some of the legal topics for which older adults may need legal assistance and, therefore, fall under elder law.
- Estate Planning. Often mistakenly thought of as just for the wealthy, estate planning involves preparing for what happens to your property and other assets after your death.
- Wills and Trusts. Creating a last will and testament, a living trust, and other legal documents is an integral part of estate planning as they provide instructions for who inherits your assets.
- Probate Laws. This set of laws governs how your estate is settled after your death. For example, assets that you have placed in trust will not go through probate, which can be a lengthy court process.
- Social Security Benefits. Elder law can address issues involving an individual Social Security benefits, including whether someone can (or should) claim spousal benefits.
- Medicare Coverage. Elder law also includes decisions regarding Medicare enrollment and coverage options.
- Incapacity Planning. Although someone may become incapacitated at any age, it occurs more frequently in the elderly. This part of elder law involves the procedures for giving a trusted individual durable power of attorney to make healthcare and financial decisions for you if you are unable to make them yourself. An advance directive is a legal document that provides instructions for medical care if you are incapacitated.
- Guardianship. Without an incapacity plan in place, the court may appoint a guardian (a family member or a professional) to make fiduciary and vital decisions for an incapacitated person.
- Long-Term Care. This part of elder care involves planning for custodial care (in-home or in an assisted living facility) if you should need it.
What Are Elder Abuse Laws?
An unfortunate part of elder care law involves elder abuse. Older adults who are not able to care for themselves can be vulnerable to neglect, mental or physical harm, and others taking financial advantage of them.
Federal and state laws are in place to protect people from elder abuse and guide the actions and practices of facilities and agencies that deal with the elderly. Laws can vary from state to state, according to the National Elder Law Foundation (NELF).
POA vs. Guardianship in Elder Care Law
Some of the terms involving elder care law can be confusing. As a result, some families consult an elder care attorney to ensure they have covered all the bases in elder care planning. One of the common questions people have involves POA vs. guardianship.
These two legal terms are related but have a key difference. Power of attorney (POA) is an estate planning document that provides instructions for someone’s care if they are incapacitated. On the other hand, guardianship (also called conservatorship) refers to the individual named to carry out the incapacitated person’s wishes.
Helpful Resources:
National Elder Law Foundation - Home