A Quick Guide to Elder Law

Have you ever wondered what elder law is or when to involve an elder law attorney? 

In this article, the experienced New York elder law attorneys at The Chamberlain Law Firm  will explain what elder law is, address what an elder law attorney does, and give insight on common situations that should result in speaking with an elder law attorney. Keep reading for insight from the Chamberlain Law Firm on the pertinent area of elder law.

What is an Elder Law Attorney?

An elder law attorney is your guide through the legal side effects that come with of aging. Elder law focuses on seniors and those with special needs, helping with healthcare, wills, trusts, and public benefits. Attorneys specializing in elder law also tackle housing issues and other legal challenges you might face.

Elder law can also encompass many other parts of life. Elder lawyers can help protect your assets, fight financial abuse, and ensure your end-of-life wishes are respected. They can even handle cases of guardianship and conservatorship, making sure you and your loved ones are cared for.

Why is Elder Law Important? It’s About You and Your Loved Ones

Elder law isn’t just about wills and nursing homes. It’s about managing your money responsibly while you’re alive and ensuring you have the care you need later. It benefits not just you, but also your family and friends who want to see you protected.

This area of law is especially important for people over 65, but their loved ones can also benefit from elder law advice. If there is no estate plan in place addressing an elder person’s care plan, end-of-life care, and financial administration, then the court will step in to appoint a guardian and conservator. Guardianship is a long and demanding court process, which makes it typically a last resort option for families and elders. 

Elder Law vs. Estate Planning: What’s the Difference?

You might be wondering whether you need an elder law attorney or an estate planning attorney, or what the difference between them is. Estate planning focuses on what happens to your assets after you pass away. Think wills, trusts, and naming beneficiaries. While elder law takes a broader approach. It helps you manage your money and care while you’re alive. This includes navigating long-term care, protecting assets, and securing benefits like Medicaid. Elder law also delves into specialized areas like elder abuse and guardianship. So, while estate planning looks to the future after you’re gone, elder law is your champion for navigating the legalities of aging.

How Can an Elder Law Attorney Help You?

Speaking with an experienced elder law attorney is the first step to securing your future. They offer legal advice and fight for your rights. This is especially important because:

• Nursing homes and agencies can make mistakes. They might deny or cut off benefits you deserve. An elder law attorney can ensure you get the care and support you’re entitled to.
• Elder abuse is a real concern. You might be vulnerable to financial exploitation or neglect. Your attorney can help protect you and fight for compensation if needed.
• Planning for the future is key. You deserve to have your medical wishes respected. An elder law attorney can create a power of attorney and healthcare directive to ensure your voice is heard.

Don’t navigate aging alone. An elder law attorney is by your side, every step of the way.

Finding the Right Fit

Experience matters! Look for an elder law attorney with a proven track record of helping seniors. Look for someone who has a Certified Elder Law Attorney (CELA) certification. To find a CELA, you can use this National Elder Law Foundation (NELF) database. Make sure they stay up-to-date on the latest laws and collaborate with other professionals for a well-rounded approach.

Ask the right questions: During your consultation, inquire about fees, services offered, and the specific documents you might need. Don’t hesitate to ask about asset protection strategies, avoiding probate, and the importance of power of attorney documents.

An elder law attorney should be your partner in navigating the legal landscape of aging. By planning ahead, you can ensure a secure and dignified future for yourself and your loved ones.

Conclusion

Elder law empowers you to take control of your future. An elder law attorney acts as your guide and advocate, ensuring your wishes are respected and your rights are protected. They can help you navigate complex legal issues, plan for long-term care, and safeguard your assets. With an elder law attorney by your side, you can face the challenges of aging with confidence and peace of mind.

Contact The Chamberlain Law Firm to speak with experienced estate planning attorneys, call us today at (201) 273-9763 for a consultation. For more estate planning advice, be sure to check out our Insight Articles.

This article is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with a lawyer about the specifics of your case, please contact The Chamberlain Law Firm.