What Is Elder Law?

If your loved ones are entering their golden years, you should consider researching the elder law. This legal branch helps protect the rights of individuals over the ripe age of 65 and is often seen as a continuation of estate planning. 

Elderly people have their own set of needs and legal challenges, which is why the field is growing day by day with many attorneys entering this legal field. 

But what is elder law, and more importantly, how it can help your loved ones?

Definition Of Elder Law?

Elder law or elder care law is the practice of counseling and offering legal representation to elderly individuals or other individuals with special needs. It often involves different legal aspects of decision-making, conservation of estates, long-term care planning, and health planning, among other things.

As opposed to other legal branches, elder law doesn’t fully conform to strict statutes, rather, its limits are defined by the client’s needs. 

For example, while it can address tax implications, elder law can also serve to protect elderly citizens from neglect, abuse, and other unethical variations of their wishes. 

What Is An Elder Law Attorney?

With a better understanding of what is elder care law, the question of what is an elder law attorney naturally presents itself.

These legal professionals serve as advocates for the rights of the elderly and their families. Oftentimes, they help the elderly navigate tough situations and assist them with different legal issues that may arise. 

There’s a lot of overlap between estate planning and elderly law as both types of attorneys handle financial matters, the Medicaid process, and arranging long-term plans for senior citizens. 

Why Is Elder Law So Important Nowadays?

The US population is rapidly aging. At the same time, fertility rates are waning and many couples are deciding against children. Plus the baby boomer population is by far the largest generation ever to enter retirement. 

More than 17% of the citizens living in the US are older than 65. Moreover, if the current trends continue, one in five Americans will fit the category of the elderly in about 15 years. 

Fortunately, poverty is no longer associated with seniors as this population has far more purchasing power than middle-aged and young adults. In fact, baby boomers hold the highest amount of the nation’s overall wealth in investment portfolios and expensive real estate. 

At the same time, medical care has extended elderly people’s lifespans and their overall life quality. But there are also critical questions to consider, including the question of duration of care, the best course of treatments, and mental competence. 

All these legal issues are completely unique to the population, which is why attorneys practicing elder law are essential. 

What To Expect From An Elderly Law Attorney?

There are plenty of basic practices and principles that elderly law attorneys can help their clients with, including:

1. Estate planning

Estate planning is a legal field that governs the management of assets after death. Since they’re approaching the end of their lifespan, an estate plan is critical for elderly individuals.

An attorney can establish wills and trusts, the latter of which are entities that hold assets and allow you to establish them after death according to your instructions. In this context, the term estate includes all individual debts and assets that will be distributed after death. 

2. Establishing conservatorship and disability

Many elderly individuals get incapacitated after they reach a certain age. Legally speaking, incapacitation can be defined as a situation in which someone is mentally unable to understand the nature and consequences of their actions or physically unable to communicate their wishes.

Fortunately, an elderly law attorney can get the legal ball rolling, and file a motion to declare their client unfit to take care of themselves, thereby assigning a third party in charge of their wellbeing. This is referred to as guardianship, which provides a conservator who has extensive authority over the incapacitated individual’s medical, financial, or personal decisions. 

3. Dealing with Medicare and Social Security matters

Most Americans of an elderly age will have to consider Medicare at one point. This program provides affordable or free healthcare to most citizens older than 65, regardless of their financial status. Most seniors who apply to this program will win at least some degree of medical benefits. 

Another program that elderly individuals may need help with is Social Security which provides seniors with benefits. 

Considering health care is the biggest concern for the elderly and will represent the majority of their expenses, having someone handle the intricacies of applying and managing these programs can eliminate a lot of the hassle. In some cases, it may even lead to better outcomes. 

Most importantly, though. Medicaid can also provide multiple different resources regarding end-of-life care and may help support your needs in case your loved one ends up requiring long-term nursing care in the future.

When Should You Consider Hiring An Elder Attorney?

Even if your loved one isn’t elderly at the moment, they should consider retaining an attorney. Elder law attorneys can assist them while they’re still of sound mind, which can be very helpful as it can help the attorney create a plan that reflects their needs accurately. 

Plus, it’s never too early to create an estate plan. In fact, it’s recommended as it can protect your loved one’s wishes if they suddenly become incapacitated. 

Protect Your Loved Ones At All Costs

You now have a full understanding of what is elder law. As a field of law focusing strictly on the needs of elderly individuals and more precisely long-term planning, disability planning, and estate planning, it’s the best thing your loved one can do to ensure their rights always stay protected. 

We truly believe your loved ones deserve the best legal representation. This is why you should consider hiring the attorneys at Doane & Doane. Our deep understanding of the legal field and our compassion are unmatched in The Sunshine State, and if you want your loved one to thrive in their golden years, give us a call.

Dial 561-656-0200 or fill out our contact form to schedule an appointment. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.