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ElderLawAnswers News Articles
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Elder Law Attorneys

What is elder law?  What exactly constitutes someone as "elderly?"  What are the key issues when protecting the elderly? And, how can an elder law attorney help me?  These are all very pertinent questions, and with record numbers reaching the retirement age due to baby boomers, there is now a need for elder law attorneys more than ever before.

What actually defines someone as "elderly" differs from state to state.  Most states classify it by age alone.  However, some states will go further and look into the general condition of the person as well.

Physically and financially caring for an aging parent, grandparent, or spouse is not an easy task.  However, since an aging relative likely took care of you at one point in your life, it is common to feel the urge to return the favor in their greatest time of need.  

Common Elder Law Issues

There are several issues for which one must plan and be prepared.  In addition to estate planning issues, there are many more issues for which an elder law attorney can help you prepare, including, but not limited to:

a.     Proper physical care - Is a nursing home necessary?  What should I look for to safeguard against
       nursing home abuse?
b.    How can I detect if a family member is abusing an aging relative?  Elder abuse takes many forms, 
       including physical abuse, neglect, financial abuse, emotional abuse, and even self-neglect.  Many 
       states actually have an abuse registry where one can report offenders, and some even have a 
       statute that requires one to report known abuse of the elderly.  (Common thought is that elder 
       abuse is severely underreported.)
c.    Ways to prevent elder abuse.
d.    Does my state have a "Patients' Bill of Rights?"
e.    When should we pursue a conservatorship?
f.     Does the aging relative have a will?  Is a trust appropriate?
g.    Have all of the healthcare decisions been made in advance by the aging relative (Living Will, Durable 
       Power of Attorney for Healthcare, etc.)?

Elder Law Planning

The issues seem almost endless when caring for the elderly.  An elder law attorney may be sought to make sure everything has been put in place before any accident, sickness, or abuse occurs.  As is often said, “The best offense is a good defense.”  This is also true for proper planning for the elderly.

There are also many other delicate issues to consider when caring for the elderly, including age discrimination, Social Security, Medicare, and Medicaid, just to name a few.  A local elder law attorney is a good start to plan for problems before they arise.

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