Each of us gets one life — and you decide how you want to live it. As you age, an elder care attorney can help ensure your wishes are carried out, even when you can no longer speak for yourself.
An elder care attorney exists to advise, prepare documents, and otherwise guide you through various legal issues later in life. A lawyer within this particular practice area ensures that decisions about your life are always your own — even under the most unfortunate of circumstances.
Here, we explain what an elder care attorney does, and why you should hire one.
We must confess: The subject matter is equally difficult to discuss as it is important. When — not if — you become disabled or can no longer communicate your wants and needs, an elder care attorney (and the legal documents prepared for you) will speak for you.
In that way, you will always be in control of your own life — even when you pass on.
What Does an Elder Care Attorney Do?
In simplest terms, an elder care attorney ensures your wishes are carried out later in life.
Elder care attorneys serve as an advocate for older adults. Elder care attorneys handle a number of legal matters, from Social security and Medicaid to power of attorney and estate planning.
Like many individuals in the legal profession, elder care attorneys are specialists. The majority (if not all) of their client base is senior citizens and their adult children, and their casework focuses solely on the physical, mental, and financial needs of their clients.
If you are interested in hiring an elder law attorney, it's best to have that conversation sooner rather than later. While you may think it's premature, you want to discuss these matters when you are of sound mind and body. Plus, an elder care attorney can guide you through a variety of topics, including retirement and assisted living planning.
How Can an Elder Care Attorney Help Me?
An elder care attorney exists to ensure your wants and needs are written down in a legally binding form and executed later in life. If there ever comes a time when you can not voice your opinion, those legal documents — and your attorney — will speak for you.
Most law firms offer a free consultation. Therefore, you can talk with an attorney about the various legal services they offer. With that being said, elder care attorneys can typically help you in the following ways:
1. Estate Planning and Legal Documents
Whether you realize it or not, you have an estate. Your estate encompasses everything you own — your home, car, furniture, real estate, investments, cash, and even family heirlooms.
With all the uncertainties in life, the only thing we know for sure is that we will pass on. And when we do, we don't take our belongings with us. Therefore, it's important to designate who gets what, in the form of a will.
But a will isn't the only thing an estate planning attorney can help you with. Your estate plan involves:
Instructions for your care: If you become disabled before you die, you can leave detailed instructions for long-term care options, a do-not-resuscitate order, or other end-of-life medical decisions.
Name a guardian: If you are the primary caregiver for a loved one, you can name a guardian for minors. If you have grandchildren who are minors, you can name an inheritance manager to look after their inheritances until they're 18.
Distribute assets: Creating a will detailed with all your possessions doesn't just offer asset protection — it protects your family. A written will can prevent heated disagreements between family members after your death.
Write life insurance payouts: If you have a spouse or other loved one you would like to send life insurance payments to, your attorney can assist with that.
Record any funeral arrangements: You can work with your attorney to plan the funeral of your choosing, including whether you are buried or cremated.
Create a living will: A living will outlines your personal choices concerning end-of-life medical treatment. In essence, it ensures your wishes are carried out if you are still alive but can't communicate due to a disability or serious medical condition.
Power of attorney: A power of attorney (POA), or durable power of attorney, is a document given to an individual (such as a family member, loved one, or even your attorney) to legally act on your behalf.
2. Long-Term Care Planning
At one point, you may need long-term care. Whether this involves a live-in caregiver or moving to assisted living, an attorney can help you determine which option works best for you and your budget.
An elder care attorney can also offer legal advice and help prepare a plan in the following areas:
Medicare and Medicaid planning: In some cases, Medicaid can help pay for nursing home care, bringing the cost down dramatically. Medicaid and medicare planning involve preserving your assets through the use of government health care.
Long-term care insurance: Assisted living is incredibly expensive (we recommend using Genworth Financial's Cost of Care Survey to estimate costs). Long-term care insurance is a time of health insurance that partially offsets this high cost.
Hospice care: Hospice care is typically designated for individuals who have six months to live and have decided not to undergo invasive procedures. An attorney can work with you to help designate funds to pay for hospice care.
3. Veterans Benefits
Elderly veterans (aged 65 and older) are eligible for a number of benefits, including disability compensation, pension, health care, and burial. You can work with an elder care lawyer to maximize your veterans’ benefits and understand the options available to you. These include:
Aid and Attendance (A&A): This is a monthly pension paid if you require help performing regular daily tasks (also called activities of daily living, or ADLs), are bedridden, or are a patient in a nursing home.
Housebound: Housebound is a monthly pension paid if you are confined to your home due to a disability.
Health care: Veterans are eligible for a number of government-sponsored health care options, including geriatrics care, long-term care, and home-based care — all of which an elder law lawyer will guide you through.
4. Elder Abuse
Every year, some seniors are neglected, exploited, and abused. Unfortunately, this abuse can be at the hand of a trusted caregiver and cause physical, mental, and emotional harm.
Placing an elder care attorney on retainer can help prevent or stop elder care abuse. In these unfortunate instances, a law office may suggest bringing in a personal injury lawyer to help file a claim. In addition, they may help file for civil damages for pain and suffering.
Find an Elder Care Attorney To Carry Out Your Wishes
At Snug, our goal is to help seniors maintain their independence — and hiring an elder care attorney can help with that.
An elder care attorney exists to carry out your wishes, whether through establishing a living will, making long-term care plans, or planning for disabilities or special needs. You can find an elder care attorney through a referral or searching for an attorney in the National Elder Law Foundation. The National Academy of Elder Law Attorneys (NAELA) also has a directory of attorneys prepared to serve your legal needs. Lastly, you can always look up attorneys within your state's bar association.
Snug understands that you want to remain in control of your life (who doesn't?). If your wish is to live alone, Snug can help you. Snug is a daily check-in app for seniors who wish to age in place. If you ever miss a check-in, Snug will alert your emergency contact to check on you.