7 Reasons to Hire an Elder Law Attorney

As a senior, you have many challenging issues to work through, from finding long-term care to sorting out finances. Do you have an expert who can help you?

All seniors should have an elder law attorney to help them navigate the legal system. What is elder law? Simply, it refers to an area of legal practice that specializes in issues that impact seniors and the elderly population.

Are you thinking about hiring an elder law attorney? If so, keep reading to find seven reasons why you or a loved one can benefit from specialized legal care.

1. An Elder Law Attorney Understands Estate Planning

One important reason to use the services of an elder care attorney is for help with estate planning.

Estate planning is a complex topic and involves the preparation of your finances, living arrangements, and your healthcare needs. An elder care lawyer can manage your wishes and can help distribute your assets in a way that avoids your dependents having to pay excessive fees.

An expert attorney can assist with both estate planning and wills, ensuring your wishes are respected.

2. Help with Medicare and Medicaid Claims

Making sense of Medicare and Medicaid can be confusing, and sometimes it’s almost impossible to figure out what services you do and don’t qualify for.

Getting answers from Medicare isn’t always easy either, so sometimes it helps to have a qualified elder law lawyer to look over your situation and advise.

This can help you receive the medical care you’re entitled to and you don’t pay unnecessarily for medical treatment.

3. Long-Term Care Financing

Assisted-care facilities and nursing home care can be extremely expensive, with the average cost for a private room in a nursing home reaching $7,698 per month.

Is this covered by your insurance? Do you need help sorting out your estate or financing to free up money to cover your expenses?

An elder care lawyer can assist with nursing home financing and managing your assets to ensure you get the care you need.

Or, if you have any legal issues resulting from the services provided by your nursing home team, you may want a lawyer to help you seek compensation.

For example, if you aren’t receiving access to the services or care that were offered when you moved in, this can be an issue of deceptive advertising, something sometimes seen in the nursing care industry. 

4. Probate

A key reason many people use elder law attorneys is for assistance with probate. Probate is the legal process of verifying and validating a will before it can be carried out.

Disputes when it comes to wills are not common. But, if there is reason to believe that the will is not accurate or was created when the person was not of sound mind, then the will may be called into question, which requires probate.

Dealing with probate for a loved one’s will can be emotional and stressful, so you’ll want to work with an elder law lawyer to manage the situation. With the help of a lawyer, you can ensure the last requests of your loved one are looked after and that the will is administered fairly.

5. Elder Abuse Cases

Shockingly, elder abuse is more common than you might think. It’s estimated that one in ten Americans over the age of 60 have experienced some sort of elder abuse.

This can be physical, but can also be emotional. Or, they may be financially exploited, neglected, or deprived of their basic necessities.

If you or someone who you love is experiencing elder abuse, this is a serious criminal matter that requires investigation. You’ll need to hire a lawyer who can represent you in court, potentially file charges, and represent your interests.

Should you suspect elder abuse, contact 911 in emergency cases or report it by calling Adult Protective Services.

6. Issues Specific to Veterans

Many of our honored American veterans are now aging, and are reaching the point where they may need additional medical care and support.

Veteran seniors qualify for a huge range of benefits through Veterans Affairs, but it can be confusing to understand how it all works and what you’re entitled to in terms of healthcare and benefits.

Veterans may also need to attend particular veterans’ hospitals, which may pose challenges in terms of access and transportation.

If you or your loved one is a veteran who needs help managing their benefits, an elder law attorney can assist.

7. Issues of Discrimination

Unfortunately, discrimination against seniors is common in our society, especially in the workplace.

Have you applied for a job or a promotion and feel like you were passed over, due to your age? Many older adults still love being part of the workforce, but employers often prefer to hire younger workers.

Age-related discrimination is a crime, so if you were discriminated against, an elder law lawyer can help you form a case and fight for the compensation you’re entitled to.

You may also see age-related discrimination in the housing market, such as when applying for an apartment. Discrimination is against the law, so don’t let it happen to you.

Contact Us Today for Elder Law Support

With so many complexities to navigate as we get older, an elder law attorney can be a great asset. They’re someone who you can depend on to assist with all your needs.

If you need an expert legal team for your legal care needs, get in touch today. Watertown Law is an expert legal team, servicing the Watertown and Lake Mills areas of Wisconsin.

Founded in 1939, we have a long history of serving the community. Our team has over 200 years of combined experience, ensuring you and your loved ones receive the highest quality of legal care.

For all of your elder law needs, contact us today. Our friendly team looks forward to hearing from you.

What Does an Elder Law Attorney Do? This is What You Need to Know

By 2030, one out of every five Americans will be 65 years of age or older. Never before has the country had such a large over-60 population. 

As the population ages, elder care and elder law are becoming more complex. Families are increasingly struggling with the documentation and processes associated with living well in old age.

Keep reading to learn how an elder law attorney can help you and your loved ones manage the changes and challenges of aging. 

What Is Elder Law?

What is elder law, exactly? At its simplest, it is the body of law that deals with the elderly, their needs, and their rights. 

Elder law covers a wide range of concerns, including:  

  • Estates, estate planning, and trusts
  • Guardianship or conservatorship issues
  • Disability and special needs planning 
  • Long-term care arrangements 
  • Elder abuse 

Within each of these categories are numerous sub-categories of laws, rights, and limitations.  

Estates, Estate Planning, and Trusts

Estate planning is the process of deciding what will happen to a person’s belongings, including their home and finances when he or she dies. Although estate planning is its own category of law, it is also considered elder law. 

Guardianship or Conservatorship Issues

Illness, dementia, disabilities, and other conditions can render elders incapable of making decisions for themselves. When this happens, another person must step in and make decisions for them. Determining who that person should be and completing the paperwork to make that decision legal is elder law. 

Disability and Special Needs Planning 

The disability planning portion of elder law includes protecting one’s assets and ensuring resources for care in the event of a disability. Disability planning is important for elders, but also for families in which a child or other disabled party is dependent on the elderly person in question. 

Long-Term Care Arrangements 

Long-term is consistently more expensive than Americans realize. To make matters worse, few Americans understand the complicated restrictions associated with Medicare, Medicaid and veterans’ benefits. Hiring an elder law attorney is often the only way to properly prepare to meet the demands of long-term care costs. 

Elder Abuse

Vulnerable elders may become victims of physical, emotional, or financial abuse. Elder law covers their rights and protections. 

What Is an Elder Law Attorney?

An elder law attorney is a lawyer who specializes in elder care issues. He or she: 

  • Understands the complexities of elder care law
  • Knows the laws and regulations specific to Wisconsin Medicaid planning
  • Is experienced in helping families walk through the legal processes necessary to protect themselves and their assets 
  • Can break down complicated legal topics into easy-to-understand language
  • Can protect your rights or your loved one’s rights in the event of abuse 

Elder care attorneys can assist you and your family in:

  • Making important decisions
  • Financial planning
  • Completing critical paperwork to ensure your decisions will be recognized and respected

Decision Making

Often, elders aren’t even aware of all the decisions they need to make. Many have incorrect assumptions about what they need or can expect. 

Elderl law attorneys can educate elders and their families on what questions they need to ask and answer. They can explain standard practices and options. Through this, they can help families reach the decisions that will serve them best. 

Financial Planning

As one gets older, financial planning becomes far more involved than simply having a 401k or other investments. Depending on one’s age, health, and assets, it can include:

The laws and restrictions regulating these activities vary by state, so it is important to get the help of a legal professional when drawing them up. 

Completing Paperwork

In the modern world, aging comes with an abundance of paperwork. Much of it is obscure or confusing. Worse, if it is not done absolutely correctly, it may be considered invalid. 

An elder care attorney can help families complete or draw up: 

  • Medicare or Medicaid applications
  • Veterans benefits applications 
  • Revocable living trusts
  • Estate planning documents
  • Living Will and airtight Power of Attorney documents

When to Get an Elder Law Attorney

Now that you know what elder law attorneys do, how do you know when you need one?  Realistically, if you or a loved one is 65 years of age or older, or is at or approaching retirement age, it is smart to consult an attorney. 

Finding an attorney is particularly important if the elder: 

  • Is disabled or has disabled dependents 
  • Owns a business or other substantial assets
  • Has acute or chronic health conditions
  • Has been married more than once or is recently divorced
  • Has no children or does not have good relationships with their children

When in doubt, best practice is to consult with an attorney to ensure that your plans and documents are adequate, legal, and complete. 

How to Find an Elder Law Attorney

When choosing an elder law attorney, there are few key factors to keep in mind.

First, make sure you are selecting an attorney experienced in elder law. Not just “any” attorney will do. You need to select an attorney or firm with experience in elder law

Second, choose an attorney located and licensed to practice in your state. Elder law varies widely from state to state, as do the requirements for essential documents such as living wills and trusts. Choosing a local attorney can ensure you get assistance customized to your state’s requirements. 

Finally, choose an attorney that you or your loved one is comfortable with. Elder law involves discussing and making decisions about deeply important and personal issues. Selecting an attorney that you trust can make those difficult conversations easier.  

Talk to an Attorney Today

If you or your loved one is aging, don’t wait to contact an elder law attorney and make sure your affairs are in order. There is no substitute for the peace of mind that comes with knowing your family will be protected even if the worst happens and no better gift you can give the ones you love. 

Contact Wisconsin elder law attorneys to get started today.