A New York, elder care attorney can help families plan for long-term care, which can cost a lot. A professional can also discuss options such as Medicaid, which covers some care costs.
An elder law lawyer can help if your loved one becomes incapacitated and lacks the proper paperwork. They can initiate guardianship proceedings to give you legal access to their finances.
Power of Attorney
A power of attorney gives a trusted person legal responsibility to manage your family member’s financial and medical affairs. An elder law lawyer can help you draft a durable power of attorney and other documents, such as a living will, that clarify your loved one’s wishes.
An experienced elder care lawyer Palm Springs CA can also help you set up safeguards that prevent misuse of a POA, such as requiring your agent to periodically report transactions to an outside party like a family attorney or accountant. You can also limit the powers POA grants to specific actions or dates, such as signing a property deed on a particular day.
An experienced lawyer can also provide valuable assistance if you or a loved one has been the victim of nursing home abuse or neglect. An elder care lawyer can help you hold the abuser accountable and take steps to protect your loved ones from future misuse.
Guardianship
Legal guardianship is the court-assigned caretaker role for someone who cannot independently make responsible decisions. It’s often a last resort; after all, less restrictive options have been exhausted.
Family members usually fill this role, but attorneys can also be appointed guardians. Having this role gives guardians much power, which can create opportunities for abuse.
An elder law attorney can help ensure your loved one isn’t being taken advantage of by reviewing guardian reports, financial records, and doctor certifications. GMP volunteers compare these documents to the original case files and look for discrepancies that may signal exploitation. They file these reports with the court. The judge who originally heard the case will review them and take any necessary disciplinary action.
Medicaid
The Medicaid program can help pay for long-term care costs that Medicare does not cover. However, the program has its own set of rules and requirements that vary by state. An elder law attorney can help you understand how this works and how to best apply for coverage.
Planning is crucial whether you or a loved one needs to be on Medicaid. An experienced elder care lawyer can assist with establishing an income-only trust to ensure that your assets do not exceed the Medicaid limit.
Also, an elder law attorney can help you fight a decision made by the fair hearing process if you are denied Medicaid coverage. They can also help you report any incidents of elder abuse and recoup damages from any financial losses incurred as a result.
Wills & Trusts
A will is a legal document that lets individuals determine who should receive their property when they die. If they don’t have a choice, the state decides for them.
On the other hand, trusts help keep property out of probate and avoid family disputes. They are most effective if a person creates them while alive and adds to them throughout life.
An elder law attorney can help individuals transfer assets into a trust to avoid the look-back period for Medicaid eligibility. They can also implement other planning techniques to ensure that an elderly individual’s wishes are carried out. These include setting up special needs trusts that allow heirs to remain eligible for government benefits. These can consist of Medicare and long-term care assistance.
Long-Term Care
Long-term care involves services needed when someone can no longer live or manage their daily activities. These services include non-medical or personal care such as home health aides, companionship, respite, and adult day care. It may be provided at home, in an RCF/RCFE (Residential Care Facility for the Elderly or Assisted Living Facilities), in an acute care hospital, or an outpatient clinic.
Individuals with significant financial assets can self-fund their long-term care costs or buy an individual policy. A separate policy must have certain consumer protections, including that it must be guaranteed renewable.
Group insurance may also be available through an employer, a trade or professional association, or a state-sponsored program. These policies typically have less restrictive underwriting criteria.