Older adults and disabled individuals encounter distinct legal challenges. It may seem difficult to handle these issues alongside other life pressures. As an older or disabled individual, you might face increased medical costs and mobility challenges – making legal considerations particularly difficult to think about. Fortunately, you can tackle these issues effectively alongside legal professionals. Whether you need to handle estate planning, social security, or any other legal consideration, a qualified elder care lawyer can help. Here are just a few legal considerations that you may face as a disabled or elderly adult in the United States:
Estate Planning
A key consideration for elderly individuals is estate planning. This may also represent an urgent issue for disabled individuals. If your condition is terminal, it is important to get started with an estate plan as soon as possible. You should also consider your estate plan if your disability will shorten your lifespan.
That being said, virtually anyone can benefit from an effective estate plan. This includes young, old, healthy, and ill people. It is never too early to get started with an estate plan, and your lawyer can help you begin this process.
Estate planning is a very broad area of law. It contains numerous steps and procedures, including:
Trusts
Wills
Advance directives
Powers of attorney
Life insurance
At the very least, you should establish a Last Will and Testament. This document identifies your beneficiaries and an executor. The executor will carry out your wishes and make sure your beneficiaries receive any assets you leave behind. If you plan to pass away with few assets, your executor may still play an important role in settling your remaining debts.
A more advanced estate planning tool is a trust. Unlike a Will, a trust may go into effect after or before your passing. You have many other options for your trusts, and they may help you achieve your specific estate planning goals with greater accuracy.
Estate planning is not just about protecting your assets, however. It may also involve making important decisions ahead of time. This might include your decisions about medical procedures. You can also select individuals to make decisions on your behalf if you ever become incapacitated.
Asset Protection
If you are approaching your twilight years or have a serious disability, you should also consider asset protection strategies. Many elderly people become vulnerable to fraud and scams. Disabled individuals may also face financial abuse, particularly if their condition is mental in nature.
An experienced lawyer can help you protect your assets in a number of ways. A trust may provide your assets with a layer of protection. A trustee controls your trust funds, and they may investigate potential transactions on your behalf before distributing funds. You might also consider relatively simple banking tools to protect your assets from hackers and digital fraud.
Business Succession
If you own a business, you should consider business succession as you approach retirement. Business succession ensures that your operation passes into the right hands after you retire or die. For example, you might select a family member as your “successor.” This is the person who will lead your business after your passing.
Alternatively, business succession may involve selling your business. This could be the right move if you need the resulting cash for your retirement. With certain strategies, you can sell your business to a successor and receive periodic payments in return. These periodic payments can provide reliable, passive income throughout your retirement.
Healthcare Access
Access to healthcare is critical for elderly and disabled individuals. Fortunately, programs such as Medicare and Medicaid make accessing treatment easier and more affordable. However, applying for these programs can be challenging. To give yourself the best possible chance of success, consider working with an elderly care lawyer.
Many Americans are ineligible for these programs due to financial factors. For example, Medicaid is mostly reserved for low-income people. However, you can make certain alterations to your financial situation with help from a lawyer. Relatively minor alterations could help you qualify for Medicaid.
Homestead Exemptions
As an elderly person, you might want to explore homestead exemptions in your State. These exemptions vary from State to State, but they can provide much-needed financial relief during retirement. For example, a homestead exemption may help you avoid rising property taxes. This strategy may be particularly useful in areas where real estate has risen sharply in value. Homestead exemptions can also help you avoid debts and creditors in some states. Some seniors can qualify for Medicaid and other programs by real estate adjustments.
VA Benefits
If you have served your nation in the military, you likely qualify for VA Benefits. These benefits can be quite comprehensive, and it is worth taking full advantage of them. VA Benefits can pay for your medical expenses. You can also receive free treatment for mental health issues, dental, and much more.
Social Security
Social Security is another potential consideration for disabled and elderly individuals. If you qualify, you can receive Social Security retirement benefits for the rest of your life once you stop working. You may also qualify for Social Security benefits if you lose the ability to work due to a disability. In addition, your spouses and children can receive income through this program in certain situations.
Social Security calculations depend on numerous factors. To get the maximum benefit amount based on your specific needs, it helps to work alongside a qualified, experienced legal professional. You may need to make certain adjustments to your finances to qualify for higher benefits.
Contact the Elderly Care Law Firm Today
Each adult approaches disability and retirement with slightly different needs. An online article can only provide you with basic information without taking these unique needs into account. In contrast, a consultation with an elderly care lawyer can offer you personalized guidance based on your specific circumstances. Whether you are facing retirement, disability, or both, the Elderly Care Law Firm can help you address any legal considerations along the way. To begin this important discussion, book a consultation today.
If you have contributed to the safety of the United States by serving in the military, there may be numerous rewards waiting for you when you return to civilian life. These rewards may involve medical care, education, employment opportunities, rehabilitation, and much more. It makes sense to take full advantage of these benefits, and your first step should be to gain an understanding of how VA benefits actually work. remove actually While internet research can certainly provide plenty of insights, an article can only get you so far. A consultation with a veterans benefits lawyer can provide more detailed guidance while implementing strategies to maximize these benefits.
Determining Eligibility
The first step when approaching VA benefits is to determine your eligibility. Generally speaking, VA benefits apply to current service members and veterans – plus their immediate families. Immediate family members include the children, spouses, and parents of service members.
With all that said, you may need to closely examine the nature of your service to determine eligibility. If you were dishonorably discharged from the military, you generally become ineligible for VA benefits. “Discharge requirements” for VA benefits can be quite complex – and they are worth discussing further alongside your VA benefits lawyer.
Current or former members of all branches of the US military qualify for VA benefits as long as they were not dishonorably discharged. These include not only remove not only the Army, Marines, Air Force, and remove and Navy, remove but alos the but also the Coast Guard add a , and various other branches.
Determining eligibility can be slightly more complex if you served in the National Guard or Reserves. To qualify for VA benefits, you need to have been placed on active duty by a federal order. After being placed on active duty, you must complete the full period of service to qualify for VA benefits. If you never served in an “active-duty” status or completed only the training elements of active duty, you may not qualify for VA benefits. However, this may only apply to medical VA benefits.
Certain service members enjoy “enhanced eligibility status.” In other words, you become more likely to receive VA benefits if you meet certain requirements – and you will be placed in a “high priority group.” If any of the following is true, you could fall into this high-priority category:
You receive disability compensation for something that happened during active service
You were discharged from active duty because of a disability you suffered
You’re a combat veteran who was released after 9/11
You receive a pension through Veterans’ Affairs
You were incarcerated or detained as a prisoner of war
You received certain medals, such as the Purple Heart or the Medal of Honor
You qualify for Medicaid benefits
Were were exposed to toxins or radiation during your service
You served during the Gulf War
You served at Campe Lejuene between 1953 and 1987
You served at a Thai military base between 1962 and 1976
You served in Laos between 1965 and 1969
You served in Cambodia in 1969
You served in Samoa or Guam between 1962 and 1980
You served near Johnston Atoll between 1972 and 1977
You served in Vietnam between 1962 and 1975
Even if you were dishonorably discharged, you could still qualify under certain circumstances. For example, your lawyer can help you apply for a “discharge upgrade” or a “VA Character of Discharge” review.
Disability Compensation: You can receive compensation for any disabilities that arise during your service. You may also receive compensation for a disability that was worsened by service, or a disability that is “presumed to be related” to military service.
Pension: Veterans can receive tax-free compensation if they earn limited or zero income after leaving the military. To qualify, you must be either 65 or suffering from a total disability.
Education: Veterans and current service members can receive compensation for various educational programs. Different educational benefits apply to active-duty veterans, National Guards, and Reservists. This can help pay for tuition, books, supplies, and even housing allowance.
VetSuccess: This program allows veterans with qualifying disabilities to pursue rehabilitation and employment programs. This program can help you determine a viable career path in the future despite your disability. It may include counseling, job-search assistance, and much more. Some of these counseling benefits may be available to veterans without disabilities.
Life Insurance: The VA offers its own life insurance benefits to veterans and current service members. There are several insurance programs and policies to choose from, and your lawyer can help you approach the most suitable options based on your unique situation.
Home Loans: The VA also assists veterans and service members with shelter costs by providing home loans. These loans offer much more favorable terms compared to banks, and they may require zero down payments. There are also no mortgage insurance premiums to worry about. Options include guaranteed loans, refinancing loans, and specially adapted housing grants.
Health Care: Health care is the primary focus for many people pursuing VA benefits. The VA may cover costs related to hospital, dental, pharmacy, nursing home, counseling, substance abuse, and prosthetic treatments.
Burials: Veterans Affairs provides you with compensation to cover the burial of a loved one. Families may take advantage of this benefit to receive free headstones, Presidential Memorial Certificates, American flags, and access to VA national cemeteries.
Compensation for Dependents: If you have lost a veteran, the VA may provide you and your family with monthly payments, pensions, and various other forms of compensation.
Find a Qualified Veterans Benefits Lawyer Today
If you have been searching for a veterans benefits lawyer, look no further than the Elderly Care Law Firm. With our help, you can strive for positive outcomes as you seek to take full advantage of veterans’ benefits. While you may have the right to access these benefits, navigating paperwork and bureaucracy can be tricky. Reach out to us today to learn more about which veterans benefits may be most helpful to you. From there, we can help you pursue benefits with efficiency and confidence. Book your consultation today to get started
A power of attorney is a legal document that gives an individual the authority to act on behalf of another. This is one of the most effective estate planning tools you can employ, and it allows you to control the course of your life even when you cannot make your voice heard. Perhaps most importantly, this estate planning document can help virtually anyone. Unlike other estate planning tools, a power of attorney is not reserved for the ultra-rich or those with complex business operations. Instead, this document can be effective regardless of your situation – and your age. As with many estate planning documents, people may have various questions when approaching a power of attorney:
What is a Power of Attorney?
A power of attorney is an estate planning document that transfers decision-making authority to someone of your choosing. When you become incapacitated, this legal document goes into effect. Your family will read the document and receive instructions on who will make decisions on your behalf. From there, the designated individual will assume control and act in your best interests during your period of incapacitation. Depending on the circumstances, they may be able to make a range of important decisions on your behalf.
When Does Someone Need a Power of Attorney?
The first thing to understand about a power of attorney is that it can help virtually anyone. Even young adults can benefit from this type of document. Why? Because anyone can become incapacitated in the near future. Just consider how dangerous car accidents can be. You might suffer a coma, a debilitating head injury, or some other kind of incapacitating issue during everyday activities. Suddenly, your family would be faced with uncertainty.
Some of your loved ones might assume that you want a certain medical procedure, while others might disagree. Before long, your family could be arguing about what you would have wanted – and this can lead to rifts that last lifetimes. One family member might believe that they should sell your house to pay for your medical treatments, while another might disagree.
A power of attorney prevents these disputes by putting sole decision-making authority in the hands of a single individual. This not only helps avoid conflicts within the family but it also streamlines the decision-making process. Often, these decisions must be made quickly. A slight delay could mean missed opportunities. In a medical context, undecisive family members might even cause you to lose access to effective treatment. A power of attorney eliminates time-consuming decisions and allows an individual to make fast, decisive actions on your behalf.
Are There Different Types of Power of Attorney?
Yes, there are numerous types of power of attorney documents. The most basic form of power of attorney gives a chosen individual (known as an “agent”) complete decision-making authority over virtually every aspect of your life. These might include financial decisions and medical decisions. This is often called a “general” power of attorney. Aside from medical and financial decisions, they can act on your behalf in virtually any scenario imaginable. These might include your family business, legal matters, and so on.
You might also choose a power of attorney that deals only with financial matters. Somewhat predictably, these documents are called “financial powers of attorney.” In this arrangement, your agent will only have the authority to handle your financial decisions and nothing else. These might include selling the family home, paying your bills, collecting your retirement benefits, and filing your taxes.
Another type to consider is a medical power of attorney. As you might expect, this type of document gives an agent the authority to make medical decisions on your behalf and nothing else. They may choose specific treatments for you, select medications, and decide which hospital you will visit. They may also make important decisions regarding the end of your life. For example, they could make the decision to take you off life support. If you choose this type of estate planning document, you might want to make some of your most important medical preferences clear to your agent ahead of time.
Who Should I Choose as My Agent?
This is a question only you can answer. Ideally, you should choose someone who knows you well – someone who understands what you would want in various situations. Many people choose their spouses as their agents. However, this might not always be the best choice. A spouse has a high chance of suffering the same type of debilitating, incapacitating injuries as you if they are traveling in the same vehicle before an accident. Spouses are usually of the same age, and this might mean that they suffer cognitive decline or even dementia at the same time as you.
You might want to choose someone sufficiently “distant” from you – but with the same basic levels of trust as a spouse. If you have an adult child who lives apart from you, this could be an obvious choice. You might also consider a younger sibling or a close friend.
Remember, your agent may need to make important medical or financial decisions on your behalf. Because of these factors, many estate planners choose those with experience in these fields. For example, you might have a nephew who is an experienced accountant. You might also have a younger sibling who works as a nurse. These individuals may approach your various decisions in an efficient, confident manner.
Find a Qualified Estate Planning Lawyer Today
If you have been searching for an experienced estate planning lawyer, look no further than the Elderly Care Law Firm. Over the years, we have helped numerous estate planners with various strategies – including drafting powers of attorney. While online research may be a positive first step toward an effective estate plan, this process is highly personalized. The best estate plan for you depends entirely on your unique circumstances and family needs. To discuss these specific factors in more detail, consider booking a consultation at your earliest convenience. We will help you determine if a power of attorney is the right choice.
If you are approaching the estate planning process for the first time, you may have a number of important questions. This area of law can be quite confusing for newcomers – and building an estate plan might seem like a daunting prospect. That being said, you do not need to become a legal scholar simply to engage in the estate planning process. Once you understand the basics behind this process, it becomes easy to move forward with confidence – whether you have a Master’s degree or you’re a hardworking tradesperson. One of the best ways to learn more about estate planning is to book a consultation with a qualified estate planning lawyer. During this meeting, you can ask any questions you might have about the process. Here are a few examples of questions you might have:
Do I Need a Will or a Trust?
Many estate planners are not quite sure whether they need a will or a trust. These are two different estate planning tools that serve different purposes – and it is important to distinguish between them.
A will is considered the bare minimum when it comes to estate planning. Everyone needs a will – regardless of your wealth. A will is one of the easiest and most affordable legal documents you can create, and it covers the basics of inheritance, debt payments, and certain medical choices. An estate planning attorney can help you create a will within a short timeframe.
On the other hand, a trust offers an additional layer of control for estate planners. With a trust, you can enjoy a certain level of flexibility when it comes to not only who receives certain assets but how these people inherit your property. While a will is fairly limited in this regard, you can create a trust that specifically targets your unique needs and priorities. There are all kinds of different trusts – too many to list here. Examples include pet trusts, living trusts, charitable trusts, and much more. While a will only goes into effect after your passing, some trust can become active while you are still alive.
So which one do you need? Once again, everyone needs a trust. For more advanced estate planning needs, you might choose to establish a trust – but it is not necessary in the same way as a will.
When Should I Change My Estate Plan?
You should consider changing your estate plan when you experience major life changes. For example, you might get divorced. If this is the case, you should quickly alter any wills, trusts, and other estate planning tools that mention your ex. If you leave these matters unaddressed, your ex could inherit your fortune against your wishes.
Other family changes may also cause you to change your will. For example, you may disapprove of a grandson’s choices in life – causing you to remove him from your will. You might also make certain changes to your will if your child marries the wrong person or becomes divorced. Finally, you will need to update your will if certain beneficiaries pass away before you do.
You might also consider changing your will if your financial situation changes. Perhaps you started a new family business within the past five years – and your current will does not stipulate who should gain control of the enterprise after your passing. Maybe you recently decided to invest in cryptocurrencies – and your current will does not even mention these assets. Of course, the loss or sale of certain assets might also necessitate changes to your will. After all, your beneficiaries cannot inherit assets that no longer exist.
As a general rule, some recommend that you update your will every five years – just to be on the safe side. If you are not quite sure whether you should change your will, you might consider discussing the matter further with an estate planning attorney.
Is Estate Planning Only for Wealthy Americans?
No, estate planning is not reserved for wealthy Americans. Everyone should have some kind of estate plan in place – even if they have absolutely no assets to speak of. In fact, those who plan to pass away while in debt should consider making an estate plan to reduce financial burdens for their beneficiaries. By creating a simple estate plan, you can avoid leaving your loved ones with excessive amounts of debt. Furthermore, wills can help designate medical choices and representatives if you become incapacitated. This is useful regardless of your wealth level.
What Happens if I Pass Away Without a Will?
If you pass away without a will, you will have died “intestate.” This means that your estate will be handled by the probate court – and your family will have no control over who gets what. Instead of controlling who receives assets, your family will be forced to watch as your fortune is divided in a completely arbitrary manner according to a set formula. Usually, this means that spouses, children, and parents inherit most of the fortune, with other valued family members receiving very little. Often, this process can cause the wrong assets to fall into the wrong hands.
How Can I Provide for a Financially Irresponsible Beneficiary?
If you want to ensure the financial security of a loved one who struggles to manage their money, you might consider a spendthrift trust. This estate planning tool ensures that the beneficiary will always have enough money to survive – but not enough to spend excessive sums on irresponsible endeavors like gambling, pyramid schemes, or substance abuse.
Contact the Elderly Care Law Firm Today
If you have been searching for an estate planning attorney, look no further than the Elderly Care Law Firm. We have been helping estate planners understand this process for many years, and we will gladly answer any questions you might have. Estate planning should be easy and accessible for everyone – regardless of your financial status or education. With our help, you can learn more about estate planning and choose a plan that fits your unique circumstances. Get in touch today to discuss the most appropriate course of action.
Elderly Law is a rapidly growing area of law that focuses on helping clients with their legal, financial, and medical needs as they age. Many seniors might believe that they do not need legal assistance, and they may prefer to wait until they encounter a serious legal problem before contacting an elder care attorney.
However, the best plans are proactive, not reactive. Planning ahead ensures that seniors can easily navigate future challenges, no matter what might occur during their twilight years. What exactly is elder care law, and what is the best way to navigate this legal landscape?
What Does Elder Care Law Cover?
There are many aspects of elder care law:
Financial Planning: Elder care lawyers can assist seniors with many aspects of financial planning. These might include issues related to family businesses, life insurance, retirement assets, and many others.
Estate Planning: Seniors can work with estate planning attorneys to put their affairs in order long before their passing. Estate planning might include matters related to wills, trusts, advance directives, powers of attorney, and much more.
Medicare/Medicaid Planning: Qualifying for programs like Medicaid or Medicare is a key concern for many seniors. This is especially true as they grow older and inevitably encounter new medical issues in the process.
Social Security Planning: Seniors might also become eligible for Social Security as they age, especially after retirement. This vital form of financial support helps seniors approach their twilight years with a measure of security.
Elder Abuse: Unfortunately, many seniors encounter serious degrees of abuse from various sources. This can take many different forms, including financial abuse. Lawyers can assist seniors and their families as they protect themselves from abuse while seeking justice for past offenses.
Nursing Home Lawsuits: Seniors may decide to sue nursing homes for a range of unlawful acts. Many nursing homes throughout the nation have been forced to shut down due to a number of violations that put seniors in danger.
Guardianship/Conservatorship: Guardians and conservators can represent the best interests of their senior loved ones, perhaps taking control over major decisions to avoid potential issues in the future. These decisions might involve financial matters, medical treatments, or both. Elder care lawyers can help family members become legal guardians or conservators in the future.
Tax Issues: Finally, elder care lawyers may assist seniors and their families with various tax issues, minimizing these expenses to the greatest extent possible. In many cases, tax issues overlap with the estate planning process.
Who Needs Elder Care Legal Assistance?
Contrary to popular opinion, elder care isn’t reserved for seniors. Many people might benefit from speaking with an elder law attorney:
Seniors: The people who benefit the most from elder care law are seniors. The entire branch of elder care law is geared toward their best interests.
Families: Family members stand to benefit immensely from elder care law. By putting certain legal protections into place for their seniors, family members can experience peace of mind. They may also lower their own financial burdens by exploring opportunities for healthcare, social security, and more. Finally, family members can spend less time caring for their seniors after using new sources of funding to organize caretakers and health care professionals.
Beneficiaries: Beneficiaries can protect their inheritance with help from elder law attorneys. Seniors may be especially vulnerable to financial abuse – including scams. By exploring various estate planning options, beneficiaries can protect the family fortune and ensure that this wealth is passed down through the generations.
Caretakers: Those who find themselves caring for seniors can also benefit from elder care law. These caretakers might be family members, medical professionals, close friends, or spouses.
How Can an Elder Care Lawyer Help?
Elder care lawyers can assist in a number of different ways:
Protecting Seniors: An elder care lawyer’s first priority is to protect the best interests of seniors. They may do this by helping them avoid scams, guiding them toward better healthcare access, and preventing them from making common mistakes.
Protecting Wealth: Elder care lawyers also play a vital role in protecting family wealth. They accomplish this goal primarily through the estate planning process. One of the key priorities for many families is to avoid estate and inheritance tax, and elder care lawyers can employ many suitable strategies to achieve these goals.
Taking Action: In many situations, elder care lawyers help seniors and their families sue negligent parties. These negligent parties may be nursing homes, scam artists, health care providers, or anyone else who has harmed the senior in some way.
Providing Advice: Even if families decide not to move forward with an elder care lawyer, they may still benefit from legal advice. Many lawyers provide plenty of guidance during initial consultations, and families can use this knowledge to move forward and handle their own affairs in a way that meets their unique financial goals.
Lowering Costs: Elder care lawyers may also help seniors and families lower their everyday living costs. For example, a lawyer might be aware of a new program or source of government funding. It might be possible to get a government grant as you renovate your senior’s home. A senior might qualify for Medicare, Medicaid, or Social Security without realizing it. One of the most overlooked sources of funding comes from the Veterans Affairs organization (VA), and many seniors are eligible for excellent support due to their past service.
Find an Elder Care Lawyer Today
Consider booking a consultation with the Elderly Care Law Firm to learn more about elder care law. Navigating this legal landscape is not only a complex process but also a highly personalized journey.
Each senior has their own unique priorities and needs to consider, and the best elder care plan takes into account all of these specific factors. Online research is a positive first step, but a consultation with an attorney leads to real action. Reach out today to get started with an effective action plan.
