The Importance Of Consulting With An Elder Law Attorney

In an ideal world, we would all reach a point in our lives when we accept the fact that - God willing - we are likely to grow old and frail someday.

Having accepted the inevitable, we would decide - before a crisis occurs - to sit down and plan ahead to make this transition into old age and possible long term illness as easy on ourselves and our families as possible.

As specialists in elder life planning for more than ten years, we have discovered that in this less-than-perfect world, most of us do not plan ahead for old age and frailty. After all, it's an unpleasant thought, so why not follow Scarlet O'Hara's advice and just say, "I'll worry about that tomorrow".

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For those who would like to avoid the difficult and complicated issues that arise when an older person becomes disabled, a visit to an attorney specializing in elder law is highly recommended. A relatively new field of legal specialists, attorneys who are members of the National Academy of Elder Law Attorneys have been called "the next step in the evolution of estate planning."

While traditional estate planning is tax focused and primarily concerned with asset preservation, elder law attorneys share this focus, but have the specialized expertise needed that goes well beyond traditional estate planning.

While estate planning attorneys often focus exclusively on a wealthy clientele, elder law attorneys also serve the broad middle class. As elder law specialist Michael Gilfix of Palo Alto, California puts it, "We help our clients to address their fears and needs. We offer hope where there is fear, answers where there are questions, and address deep, heartfelt concerns about quality health care."

Medicaid Planning...

In recent years, many elder law attorneys provided advice on an asset protection device known as "Medicaid Planning." Simply put, Medicaid planning helps families set up trusts or other legal documents that enable those who need nursing home care to become eligible for Medicaid without losing their home and savings. Because of the high cost of nursing home care ($70,000 annually in Massachusetts) a lifetime of savings and building equity in a home can evaporate in a year or two of nursing home care.

The passage of a new Federal Law makes it far more difficult for families to use this once popular asset protection method (for more info. on this new law click on Long Term Care News Bulletin). The elder law attorney remains a vital resource for those concerned with such elder care issues as, health care proxy, durable power of attorney, conservativeship and guardianship and issues such as viatical settlements in Paying for Long Term Care.

Elder law attorneys are also a source to turn to when health care benefits under Medicare and Medicaid have been denied and should be appealed, or when an HMO has denied care recommended by a physician.

Because of severe budget cuts in state and federal programs that pay for both home health and nursing home care, families are often upset about the poor quality or inadequate amount of needed care that an elder is receiving. An elder law attorney can intervene and advocate for improvements in care, and even take legal action if required to correct deficiencies in patient care.

To receive a list of elder law attorneys in your geographical region please select that option on our Feedback page. You can also search for elder law attorney in your state through our National Directory of Elder Life Planning Professionals.

Informed Eldercare Decisions, Inc., provides the following services:

• Health, social & functional assessments to determine the services best suited for each individual.
• Care Planning and care management: arranging & monitoring home & community care, assisted living, nursing care facilities & other services.
• Support for family caregivers who live far from their parents or siblings.
• Advisory services to guardians and conservators.
• Counseling and assistance with methods of financing the high cost of long term care including: Long Term Care Insurance, Reverse Mortgages, Life Settlements and other long-term care financing strategies.

Informed Eldercare Decisions, Inc. is a private company dedicated to helping people make the best choices for long term elder care of their relatives. We are Experts in Long Term Care insurance and Elder Care planning.

450 Washington Street, Suite 108, Dedham, MA 02026-0428, USA
Phone 781-461-9637
Fax 781-461-9638