This website was launched in March 2021, so be patient with us when we add content. As of June 2022, there were over 1,000 pages of information available, but we are still weaving information together. In the meantime, use the search tool or sitemap if you don`t see what you`re looking for as we add content every day. At its core, elder law focuses on the unique needs of seniors, people with special needs, and their caregivers. Elder law is a legal specialty tailored to the needs of this population. Perhaps the most fundamental question Elder Law answers is, “How can I make decisions for someone else?” This concept, known as substitute judgment, includes both “how” and “what is right and wrong.” In other words, if your loved one can no longer manage their finances, how do you get permission to help, what help is needed, where do you get the information you need to understand and assess the problems, and what the right decision is. The same would apply if you need to help someone make health care decisions. In most cases, the answer to “What should I do” or “What is right and wrong” is to make decisions that align with the values of the person you are helping. See O.C.G.A.
§ 10-6B-14(a) (financial representative according to poA); O.C.G.A. § 31-32-7(b)(health pathogens); O.C.G.A. § 29-4-22 (legal guardians); O.C.G.A. § 29-5-22 (Conservatives). See Decision support. Most older lawyers do not specialize in all areas of law. It is important to find the right expert if you or your family members need legal assistance. Key areas of the old law include: “If your spouse is in a nursing home, don`t listen when the Medicaid office tells you, `Spend half of your retirement savings (or more) and come back and apply later. He (or she) could then qualify. When you follow this advice, you recognize only one thing: it`s not the role of the Medicaid office to help you preserve your assets. Your job is to tell you to collect information and then tell you if you qualify or not.
5. Medicaid – Medicaid rules are quite complex. You should study the information on this website, North Carolina Elder and Estate Planning to familiarize yourself with the rules. Then you will find an experienced elder law lawyer to help you. You can use these rules to plan ahead (with a five-year review of all asset transfers) or to qualify for Medicaid throughout your life. Most people are familiar with wills, but wills are only one aspect of estate planning. An older person can and should also plan for financial, tax, medical and business problems. Estate planning can help an older person minimize inheritance tax and decide on their care options in the event of incapacity for work.
Who is this website supposed to help? First of all, we have many pages for the general public. We want you (i.e. everyone) to understand enough to think about your present and future needs. However, we also have many pages designed to inform lawyers and other professionals who are new to elder law and want to know more. With this in mind, many pages contain links to cases, laws and regulations so that lawyers seeking information on elder law can build their knowledge base. Seniors lawyers are lawyers who help people plan for the challenges associated with aging. However, there is no dry answer as to when you should contact an older lawyer. 3.
Long-term care insurance – many people don`t have it. However, it may be the best way to afford home care and protect yourself from buying AKI when there is a need for care. This is an important planning step and should be part of your consultation with your estate planning lawyer. (b) And at the very least, you need to find out if you`re hiring the right lawyer, even if you don`t want to “study” estate planning. We recommend that you visit the lawyer`s website. Find out if they just sell themselves or if they give you information to help you. Beware of abusive scams for seniors that trick seniors with their money through fake IRS calls or other “Gramma scams.” These scams usually involve desperate requests for money from people posing as grandchildren. A key element of seniors` law is financial and estate planning. A senior law lawyer will look at issues such as long-term care planning, protecting an aging client, and a client`s possible future mental or physical conditions.
A traditional estate planning lawyer helps plan beneficiaries, but it`s also important to consider the client`s needs in the event of a physical disability or cognitive decline. Let`s say your health declines, or you expect that to be the case as you approach your older years. You can work with an older lawyer who specializes in disability planning to complete a living will with a permanent health care credential. This is a document that allows you to appoint a health care representative to make medical decisions on your behalf when you can no longer do so. This type of legal planning can prevent you from finding yourself in a situation where your health care providers have to choose treatments or make other decisions about your health that you may not agree with. Not all issues related to aging require the expertise of an older lawyer. Hiring one when you don`t need one can result in unnecessary and high costs. For example, interpersonal or health problems may require a social worker, psychologist, or doctor instead. Elder law is the only area of law defined by the clients served, not the areas of law in which a lawyer operates. Most qualified senior law lawyers deal “holistically” with clients, talking about long-term health care planning and financial sustainability, family dynamics, end-of-life decisions, personal values and personal preferences.
Elder law is one of the fastest growing areas of law. With 80 million baby boomers entering their “golden years” and one person reaching the age of 50 every seven seconds, there is a huge demand for information. Medicaid and the Department of Veterans Affairs have programs for qualified individuals who can help pay for long-term care. An older lawyer can help you determine if you are eligible for one of the programs, discuss spending strategies, advise you on whether it is in your best interest to apply, and assist you in the application process. Consider North Carolina Elder and Estate Planning a valuable reference guide. It is not intended to replace the analysis of an experienced attorney in elderly law and estate planning in North Carolina. You can use this website to help you “find your way” and then choose the right estate planning lawyer as a trustworthy guide. The circumstances of each person`s life are different, but as a general rule, it is ideal to think about contacting an older lawyer if you are 60 or 70 years old. This will give you ample time to create a plan that will protect your assets in retirement, leave a legacy for your heirs, and prepare you for the long-term care you need. Welcome to FindLaw`s Elder Law section, which deals with a number of different legal and practical issues that affect seniors, their caregivers, friends and family.
Some common issues include health care, end-of-life, elder abuse, estate and financial planning, and guardianship decisions. This section also includes information on hiring a lawyer for seniors and a directory of organizations for aging adults. Of course, older law focuses on the needs of seniors, but it is important that family members and friends are also informed. The following resources cover the basics of the old law and provide information on how to get help. We are senior law and estate planning lawyers practicing in North Carolina. We have the answers you need. Find basic articles that clearly explain important issues in the field of older law such as Medicaid, Medicare, estate planning, and Social Security. Visit the appropriate resource centers on this website to specifically address your concerns. Each center provides detailed information about estate planning in North Carolina to protect you and your family. This type of elderly right focuses on the services that seniors often use to live safely when they cannot take care of themselves. This includes nursing homes or assisted living facilities and long-term health insurance, as well as the means by which they receive these benefits (e.g., Medicaid oder das Department of Veterans Affairs).