Elder Care Lawyer – Why You Need One
Having an elder care lawyer on your side is the best way to ensure that your loved ones will be taken care of when you are gone. Whether you need assistance with planning for long-term care, making decisions regarding your estate, or simply need to understand the changes in the law, you need an experienced and knowledgeable attorney on your side.
Get a referral from family or a friend
Getting a referral from a friend or family member can be a great way to find an elder care lawyer. It also can help ease the client’s concerns about having to contact a stranger. However, it’s important to understand the ethics of referrals.
First, if you’re a lawyer, don’t feel obliged to make a referral. In fact, you should avoid the ‘quid pro quo’. If you refer your friends, family, or colleagues to an attorney, make sure that you don’t do so for money.
Second, make sure that you meet the attorney in person. This will allow you to get to know him or her and decide whether you can trust him. During your first meeting, you can ask questions about his practice area, fees, and services.
Third, be sure to explain to your friends and family why you’re interested in working with a referral. For example, explain that you work with a referral because they have experience with elder law.
Fourth, make sure that you follow the ABA Model Rules of Professional Conduct. The rules are designed to protect the professional assets of the attorney, protect the client, and ensure that the attorney and client develop a positive relationship.
Finally, record your referrals. This will help you to keep the referral network alive. It can also help you to avoid being accused of ethics violations if you are suspected of referring someone who is not legally eligible for your services.
It’s important to remember that referrals are only helpful when they are from someone who you know, and have something in common with. You don’t want to start a business relationship with someone you have never met.
It’s also important to remember that your friend or family member isn’t the only person who can provide you with a referral. There are several organizations, such as the National Academy of Elder Law Attorneys, which provide referral services. In addition, your local bar association may provide you with information about elder law attorneys who offer free legal services.
There are also specialized national consortiums that provide materials and continuing education. These are valuable resources for consumers, and must be maintained by members adhering to professional standards.
Learn about the latest changes and challenges
Fortunately, our elders have many resources to help them navigate their golden years. One such resource is an elder care lawyer. They will help you with everything from estate planning and Medicare/Medicaid planning to Medicaid asset protection and health care power of attorney. In addition, they can be a great source of information about local senior centers and community councils. A good elder care attorney can also help you navigate gift tax and capital gains tax matters.
The old saying goes that a little planning goes a long way, so be sure to start planning for your golden years as early as possible. It may even be worthwhile to get a second opinion from an elder care lawyer to ensure that you have all of the information that you need. If you are unsure about what to do, an elder care lawyer can guide you through the maze that is Medicare/Medicaid applications. If you are considering long term care, your elder care lawyer can make sure you receive the best possible care and services.
Elder law is a specialty practice in the legal community. They have expanded their practices to include online technologies and web-based tools. They can also help you with the legal aspects of planning, such as drafting wills and trusts. In addition, an elder care lawyer can help you with health care power of attorney and guardianship. As a result of these benefits, elder care lawyers are no longer just a luxury for the elderly; they are a necessity for all Americans. Moreover, the best elder care lawyers will be there for you in the event of an emergency.
The Older Americans Act, a law signed by President Lyndon B. Johnson, is the fabled predecessor to today’s elder law. It is credited as being the beginning of the field of elder law, and was the first of its kind to be enacted on a federal level. Its mission is to improve the well-being of older Americans. In fact, the federal government estimates that nearly 48 million people are over the age of 65 in 2015. The number is expected to grow to 98 million in 2060.
Preserve assets while still being able to qualify for Medicaid
Those who want to qualify for Medicaid should know that there are planning options that can help preserve assets while still allowing them to qualify for the program. Medicaid is a complicated program, so you should hire an experienced Medicaid planner to help you.
Whether you qualify for Medicaid benefits or not depends on your assets and income. Some states allow applicants to keep a certain percentage of their assets while others do not. Some states also have income caps, which allow applicants to keep more income while still qualifying for Medicaid.
One way to protect assets is to put them in a special needs trust. Depending on the situation, some seniors may need to use pooled income trusts. These trusts can protect assets for the ill or disabled spouse while allowing them to qualify for Medicaid benefits.
Another option is to sell your assets below market value. This can cause serious problems with the five-year look back period. The government looks back five years from the date you applied for Medicaid. If you sell assets for less than their market value, you could put your beneficiaries in violation of this rule.
Another option is to purchase annuities. Annuities are lump sums of cash that are paid out over a specific period of time. The payments can be made for a fixed period of time or for a shorter time than the life expectancy of the person. These payments can be used for funeral expenses or burial expenses.
The cash value of life insurance policies can also affect your eligibility for Medicaid benefits. Some states will count the cash value of a life insurance policy as income. In other states, the cash value of life insurance policies is excluded from the asset limit.
Other ways to protect assets include transferring property to a spouse, placing them in a special needs trust, and converting countable assets to non-countable forms. However, each of these options has its own set of drawbacks.
When you need help applying for Medicaid, hiring an experienced Medicaid planner can help you avoid costly mistakes.