Four Situations Elder Law Lawyers Can Help With

FamilyElderly Care

  • Author Kerry Peck
  • Published November 7, 2011
  • Word count 496

Elder law lawyers can help with a number of situations that have to do with caring for seniors and their families. If you’re unsure what elder attorneys can do for you, consider these four common situations. This is by no means a comprehensive list however, so it's a good idea to consult a lawyer if you have further questions.

Elder Law Lawyers Can Help Plan For Long-Term Care

Long-term care is expensive and many families don't have the means to pay for it entirely by themselves. Talking with elder attorneys to formulate a plan before it's needed is an excellent idea for any family. A lawyer who practices in elder care law knows how to legally transfer assets to help someone qualify for Medicaid and how to preserve assets to protect spouses and provide them with money to live on. A long-term care facility can cost anywhere from $100-$500 a day, which works out to be nearly $40,000 to well over $150,000 a year. Even wealthy families can have problems affording this type of ongoing medical treatment and this is where an attorney can help.

Attorneys Can Draw Up Wills

A will is another important aspect of elder care law. Having a will in place before you pass can ensure that family members don't argue about where your assets go when you're gone. An attorney that specializes in wills can help you determine how to pass on assets while minimizing the tax liability that your heirs may encounter.

Attorneys Can Contest Wills

Sometimes it can be necessary to contest a will. This could be done for a number of reasons. Perhaps the document was drawn up when the person was under the influence of someone else or maybe the will indicates that the deceased was in a compromised mental state. If you're concerned that a loved one's will doesn't represent their true feelings, consider contesting the document. On the contrary, if someone else in your family contests a will, you can hire one of these attorneys to help defend the document.

Lawyers Can Draw Up An Advanced Medical Directive

Most people will require some sort of medical care toward the end of their life. There's a chance that at some point you may not be able to make medical decisions for yourself and this is where an advanced medical directive is useful. Before working with elder law lawyers and creating one of these documents, make sure to talk to the person you want to name as your healthcare proxy. You want to make sure this person is comfortable making life and death decisions for you and that they'll be able to follow your wishes regarding life-saving measures.

These attorneys are specially trained to assist older clients and their families, but they're not limited to helping seniors. If you're interested in drawing up a will, determining guardianship for children or outlining what should happen if you're unable to make medical decisions for yourself, contact an estate planning attorney.

Kerry Peck is a writer and managing partner of Peck Bloom, LLC, a firm that specializes in elder care law in Chicago. The firm has a number of elder attorneys in Chicago.

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