Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It is a legal practice that focuses on the needs of aging adults, their families, and caretakers.  It usually involves anticipating future medical needs, including long-term care. Elder law attorneys can help you develop a plan to pay for future care while preserving some of your assets. They can also assist you with qualifying for Medicaid or other benefits to pay for long-term care. In addition, elder law planning can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. Finally, elder law covers assistance with guardianship and conservatorship, if needed.

Most elder law attorneys also have professional relationships with social workers, geriatric care managers and other professionals who can assist with additional needs associated with aging.

Elder law and estate planning are interrelated but not the same thing. Elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die ¹.

Here’s what you need to consider when looking to hire an elder law attorney.

What Is an Elder Law Attorney?

Elder law attorneys specialize in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation.

A Certified Elder Law Attorney must meet licensing and other requirements, including specific experience in elder law matters and continuing education in elder law. However, if an elder law attorney doesn’t have the CELA certification, they may still be just as experienced or skilled as a Certified Elder Law Attorney.

Many elder law attorneys specialize in Medicaid planning to help protect a person’s financial assets when they have Alzheimer’s disease or another debilitating illness that may require long-term care. Most elder law attorneys can also prepare estate documents, including a durable power of attorney for health and medical needs, and establish a trust for, say, an adult child with special needs.

Do I need an Elder Law Attorney?

Here are some situations in which senior citizens should consider hiring an elder law attorney:

• They are entering a nursing home for long-term care and want to preserve/transfer assets to secure their spouse’s future.
• They want to file a Medicare or Medicaid claim or a social security and disability claim.
• They are planning to file a claim pertaining to age discrimination in employment.
• They want to plan their estate (management during their life and disposition on death)
• They are seeking redressal to nursing home issues.
• They are seeking legal solutions to housing issues, including home equity conversions and discrimination.
• You may also need an elder law attorney if you or a loved one is the victim of nursing home abuse or neglect. Abuse of an elderly person can have very grave consequences, making a medical situation much worse or even resulting in early death. It’s important to hold the abuser and/or the nursing home accountable in these situations.

Hiring an attorney can help assure you or someone you love the best options for future needs are discussed to make the best-informed decision for your family.  This will lead to the outcome for the senior based on their wishes.

CBHomeCare and our Family of Providers are happy to assist you with assessing your family’s needs and helping to provide the care necessary to help keep your loved one at home where they want to be. Please feel free to call us at 800-700-0008, and we will be happy to answer all of your questions. You can also click here to read about our services.