Elder Law for Dummies

What is Elder Law? Our New York Elder Law attorney explains all you need to know.

Elder Law for Dummies

The American population is steadily growing older. According to a 2018 U.S. Census Bureau report, there will be more Americans aged 65 and older by 2035 than there are people younger than 18.  Therefore knowing an elder law attorney who is familiar with elder law, long-term care, older Americans, and nursing homes is an attorney every family should find. 

As people age and become senior citizens, they typically enter a more vulnerable position in society. Often, if a person will be properly protected and have all they need to enjoy their sunset years, there will be a need for due planning and proper legal advice. 

The branch of law that regulates how older Americans organize their affairs, receive care, and the rights that accrue to them, is called elder law. This is not a single enactment or statute though. It covers several laws relating to the disposition of property, and even the person, of older Americans, including issues such as healthcare, estate planning, and retirement.

These laws have special provisions that require thoughtful advice from a skilled professional though. This is why questions relating to old age should be regarded as important subjects, both for you and your loved ones. These decisions are best made early, long before old age and the challenges it brings. 

If you are concerned about the basics of what elder law means, and how it affects you or your loved ones, this article explains all you need. Here, our New York Elder Law attorney breaks down the basics of elder law, including what it means, what it applies to, and why you should get started early. 

What is Elder Law?

Elder Law largely describes the operation and practice of laws pertaining to the elderly population. And, no, it isn’t just about making wills. 

In reality, Elder Law is a lot broader today than in previous decades, as it now covers many different facets of the lives of senior citizens. Because Elder Law focuses on legal issues you deal with as you grow older, it includes the planning and writing of documents such as:

• Wills,
• Trusts,
• Powers of Attorney,
• Healthcare Proxies,
• Inter vivos (or Living) wills
• long-term care
• nursing homes

But if this was the entire scope of Elder Law, it wouldn’t be much different from Estate planning. An elder law attorney and the elder law attorneys who practice it instead take several steps further to commit to age-related legal issues faced by older people. 

Therefore, while it includes regular estate planning, it also incorporates planning and execution of legal issues that protect and cater for the old and aging – while they are still alive. This generally includes:

• Medicaid 
• Protection of assets
• Elder neglect and abuse
• Guardianship or Conservatorship Proceedings
• Social security
• Employment
• Long-term care
• End-of-life planning 
• Palliative, Hospice or Home care
• Insurance and Financial matters

So, you see that elder law attorneys and professionals take more than a step further. The goal is to understand the issues facing senior citizens and help them navigate the complex legal systems set up for the elderly.

The Scope of elder law

With wills, your wishes for how you want your assets and personal items handled after death are recorded. Elder law attorneys can help you draft a will.

With Trusts, you can avoid probate and have your assets automatically pass to your beneficiaries, saving them from having to confront the complicated probate process that begins after death. Elder law attorneys can help you draft a trust.

While a durable Power of Attorney (POA) lets you choose someone to handle your financial affairs should you become physically disabled or mentally incapable; a Health Care Proxy allows you to appoint a person of your choice to make health care decisions for you in the event you can no longer make such decisions for yourself.  Elder law attorneys can help you draft a POA and HCP.

Some of the most common services incorporated in Elder law practice are also briefly discussed below. 

Elder Employment

According to a recent AARP report, many people work well into their 70s. While many offices value older workers’ skills, others treat them poorly. About two-thirds of older employees face age discrimination on the job.

This should not be so. In addition to the Age Discrimination in Employment Act of 1967 (ADEA), age discrimination is illegal under most state laws. An experienced Elder Law attorney can help challenge acts amounting to age discrimination in the courts, and help you obtain relief. 

Elder Neglect and Abuse

Although most elders receive great care, some suffer unjustifiable harm at the hands of those responsible for their health and safety. It may be physical, psychological, emotional or exploitative(financial). 

An Elder Law attorney and professional can help take legal action to stop the abuse, and explore several options for remedy.

Why you need a New York Elder Law Attorney

Elder law is an area of law populated by numerous experts in several legal practice areas. All of these experts tailor their services to essentially cater for the legal needs of aging or elderly clients. 

Nobody – young, old, or middle-aged – thinks it is a disadvantage to have savings and assets through old age. It is living through old age without these financial protections that is concerning. Even this is not as concerning as being unable to take proper advantage of these protections when the time comes. 

Elder Law attorneys can help with a multigenerational approach to your NY Elder Law planning to ensure your present and future needs are met. This advance planning can help you maintain independence and a sense of control over your financial affairs.

By planning in advance and making your decisions known, you can ensure that your wishes will be followed in the future. And it also can significantly reduce the burden on your family and loved ones.

Working with an experienced elder law attorney ultimately allows peace of mind in an emotionally charged process. The attorney will work with a whole team of professionals including financial advisors and tax experts. 

Since healthcare decisions must necessarily include plans for how to pay for those decisions the attorney must work at understanding the tax implications for clients while they are still alive and for their estate after they have passed away is vital.

Avoid possible complications. Speak to our Elder Law Attorney today

Because it is a complex and evolving field, hiring a skilled elder law attorney is the best way to avoid possible complications. New York elder law attorney, Jimmy Wagner, has decades of experience protecting and stretching their clients’ assets. 

You should discuss your concerns, if there are any, with our experienced Elder Law attorney. Get in touch with our experienced Attorney Jimmy Wagner today to begin the process. Contact us at 929-477-8889 for help.