What is Elder Law?
Sherri A. Meyers Esq
A lawyer who practices Elder Law may handle a range of issues but has a specific type of client - seniors and the disabled.
Elder Law Attorneys focus on the legal needs of the elderly and disabled, and work with a variety of legal tools and techniques to meet the goals and objectives of the client.
Under the holistic approach, the Elder Law Practitioner handles estate planning issues and counsels clients about planning for incapacity with alternative decision-making documents. The attorney would also assist the client in planning for possible long-term care needs, including nursing home care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client's right to quailty care are all part of the Elder Law practice.
Legal problems affecting the elderly are growing in number. Our laws and regulations are becoming more complex. It is important for those dealing with the elderly to have a broad understanding of the issues that have an impact on a given situation, to avoid future problems.
Unfortunately, this job is not made easy by the fact that Elder Law encompasses many different fields of law.
Some of these include:
-
Preservation of assets when requiring long term care.
-
Medicaid
-
Supplemental and long term health insurance issues
-
Disability planning, including use of durable powers of attorney, living trusts, and "living wills"
-
Estate Planning
-
Probate and Trust Administration
-
Long-Term Care placements
What is Elder Law?
Sherri A. Meyers Esq
A lawyer who practices Elder Law may handle a range of issues but has a specific type of client - seniors and the disabled.
Elder Law Attorneys focus on the legal needs of the elderly and disabled, and work with a variety of legal tools and techniques to meet the goals and objectives of the client.
Under the holistic approach, the Elder Law Practitioner handles estate planning issues and counsels clients about planning for incapacity with alternative decision-making documents. The attorney would also assist the client in planning for possible long-term care needs, including nursing home care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client's right to quailty care are all part of the Elder Law practice.
Legal problems affecting the elderly are growing in number. Our laws and regulations are becoming more complex. It is important for those dealing with the elderly to have a broad understanding of the issues that have an impact on a given situation, to avoid future problems.
Unfortunately, this job is not made easy by the fact that Elder Law encompasses many different fields of law.
Some of these include:
-
Preservation of assets when requiring long term care.
-
Medicaid
-
Supplemental and long term health insurance issues
-
Disability planning, including use of durable powers of attorney, living trusts, and "living wills"
-
Estate Planning
-
Probate and Trust Administration
-
Long-Term Care placements
Estate Planning
Many people tend to get a glazed look in their eyes when they hear Estate Planning. A number of individuals feel that Estate Planning does not apply to them because they have close family or they are not “wealthy.” The truth is everyone needs a plan for when they may no longer be able to manage their own matters and for when they are no longer here. A Comprehensive Estate Plan serves as a blue print for you and your family.
Today, people are living longer than ever before. However, they are not always able to care for themselves, so it is imperative that your family knows how you want to be cared for. Your Designation of Health Care Surrogate and Living Will include your wishes, so that your family or friends will know what you want when you are no longer able to convey your decisions, especially at a time when emotions are running high.
Your Durable Power of Attorney authorizes the individuals that you name to handle your financial affairs. This is crucial should the time come when you are no longer able to handle your affairs yourself. Florida has very specific rules about the substance of this document.
Trusts and Wills are tools to outline your directions as to who is to receive your assets upon your death, with the individuals that you choose following your directions. It is important to also remember that your personal possessions can carry much more sentimental value. Your Estate Planning documents help make sure that your personal items end up in the hands of those you choose.
Long Term Care
& Medicaid Planning
Long Term Care is one of the greatest financial risks that seniors face. What options are available to defray the cost of home health care, assisted living facilities or nursing homes?
Medicare’s coverage is limited to short time periods, generally up to 100 days (if medical requirements are met) with deductibles.
Family members may not be able to provide care. If they do, sustaining the care for a long period can be a significant challenge.
Long Term Care insurance provides a solution, but few own a policy. Limited resources or spousal impoverishment prevents private pay. Medicaid does defray the cost of long term care, for those who qualify. These benefits are for those who meet specific eligibility requirements.
Medicaid eligibility is far more complicated than what most anticipate. The rules vary significantly from state to state. Advance planning is crucial to maximizing the savings of assets.
Probate
Probate administration is the court process of transferring your assets to your beneficiaries post-death. The procedures involved can be very frustrating and confusing. We strive to make this as simple and hassle-free process as much as possible.
Having the full understanding of the emotional stress a personal representative (also known as executor) goes through when the death of a loved one occurs, enables us to guide our clients through this process with great sensitivity.
It is critical that close and timely communication is carried out between the court in the county of the decedent and the personal representative. All court orders and probate code time frames must be handled in a timely manner. Our firm is here to guide your Personal Representative, enabling efficient distribution of the estate.
Trust Administration
Many individuals value their privacy. They do not want their Estate Plan, including the value of their estate and their beneficiaries, to become public knowledge. Therefore, their goal is to avoid the probate process, which involves court oversight. They trust their family to follow the instructions included in their Revocable Trust, and distribute their estate accordingly. Though the use of a Revocable Trust may avoid court involvement in the administration of your estate, there are still laws and rules that must be followed. Our firm guides your Trustee and helps them follow the laws and rules and distribute your estate as you directed.