Functions And Duties Of An Elder Law Attorney
Elder law attorneys and elder care attorneys deal with legal needs of the elderly – those typically above 65 years of age. Elder care attorneys also work on behalf of their disabled clients who are below 65 years of age and have similar long-term care needs to those of the elderly.
Duties of an Elder Care Attorney
One of the main functions of an elder care attorney is the provision of legal assistance in the case of will and estate planning of the elderly. The scope of elder law attorneys, however, extends to assisting the elderly with any legal issue they may have. These issues include:
- Living wills – An elder law attorney helps to draft a will and advise on estate planning that protects the interests of the elder and the family.
- Long-term care – An elder care attorney uses his experience and expertise to locate the right nursing home facility that will provide long-term quality care at an affordable cost that works for the elder and his family.
Nursing Home Care
An elder care attorney also keeps abreast with the deliverables promised by the nursing home and ensures that they carry out their obligations efficiently. Should the need arise; the elder care attorney defends the rights of the resident against neglect, negligence or improper treatment of the resident.
- Guardianship – An elder law attorney advises the elder on the prudence of enabling a family member or any other responsible person to make decisions on his behalf with regard to his health, finances and legal issues if he becomes incapacitated.
- Medicaid Eligibility – An elder care attorney advises on how to plan for long-term care while protecting your estate from being taken up with medical costs. The three main ways of paying for long-term care is either self-paying, long-term care insurance or Medicaid.
An elder care attorney helps to advice through the complicated web of Medicaid eligibility and by understanding the system guides the elder in a successful estate planning.
- Probate administration and representation – An elder law attorney facilitates arrangements of estate administration and representation early in advance for the benefit of the family. In the event that disputes do arise after the passing of the elder, the elder law attorney helps in resolution of these disputes including matters of a contested will.
Factors to consider when choosing an elder care attorney
- Expert and exclusive focus on elder law – Elder law can be very complex, detailed and ever-changing and the ideal elder care attorney is one who is intimately familiar with it and practices it regularly and seriously.
- Experience – Long-term expertise and experience are the cornerstone of a successful elder care attorney who is able to handle each client’s case in an individualized and experienced manner.
- Active and Good Listener – The ideal elder law attorney is one who takes the time to understand the client’s needs and specifications and is attentive to listen and care about your welfare and working together with you to craft the best solution.
Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com. To contact the offices of Sean J Nichols call 734.386.0224 today.
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