QMC

What Can an Elder Law Attorney Do for You?

When contemplating searching for assistance on the long-term care journey for a loved one, we certainly hope you will consider QMC to walk you through the process, ensuring a smooth and error-free journey. QMC specializes in assisting clients with spend down, asset organization, asset liquidation, financial planning and placement (ensuring a perfect resident-care facility fit).

Estate planning attorneys and elder law attorneys help families in some of these areas, and can play a vital role in long-term care planning. Elder law attorneys can also provide assistance with navigating legal issues that can arise in the long-term care journey. Elder law is an area of law specifically geared

QMC DOES NOT engage in the practice of law and does not provide legal advice; however, some of our professionals work and have worked as elder law attorneys, and others have legal experience. When legal matters need to be addressed, QMC can assist you in locating an appropriate elder law attorney.

Elder law attorneys concentrate their practice on handling legal needs for senior individuals. First and foremost, elder law offices handle estate planning, often engaging in estate planning with special provisions designed for the circumstances that senior citizens and particularly for those facing long-term care.

Estate planning can (and usually does) involve the creation of, among other legal documents, a living trust to serve as the centerpiece of a family’s estate plan. A living trust serves many of the same functions as a last will and testament in that it will dictate where the assets of the signer will be distributed after his or her death. However, a living trust serves many other functions for a family as well. For starters, the distribution of assets in the trust (real estate, investments, etc.) at death to family members and beneficiaries outside of the probate process at the death of the grantor, a very significant advantage of a living trust over the sole employment of a will. Additionally, a living trust will contain provisions to allow another person, often a family member, to serve as trustee when the grantor cannot (perhaps because of incapacity).

Estate planning with an elder law firm will also include discussion and the likely execution of a healthcare directive, or a living will. A healthcare directive (or advance directive) will direct how a person’s treatment will be addressed when the unfortunate event of end of life arises, addressing whether or not life sustaining treatment will be administered when there is no chance of recovery from a comatose state or from life preserving treatment.

Additionally, estate planning will include the execution of a healthcare power of attorney. A healthcare power of attorney allows the chosen agent to speak on the signer’s behalf regarding any and all health issues in the event the signer is unable due to incapacity. This document becomes very important if the person enters the hospital, develops Alzheimer’s or other dementia, or has care needs, or otherwise requires assistance with navigation through medical needs to ensure maintenance of quality of life.

A Financial Durable Power of Attorney will also regularly be provided for older adults by a qualified elder law office. Like the Healthcare Power of Attorney, the Durable Power of Attorney gives the chosen agent the authority to handle the loved one’s affairs, but in this case principally financial issues. It can also be used in certain health areas; for example, if the agent needs to speak to Medicare or Social Security, the financial DPOA would be necessary, not the HCPOA.

For more complex matters, Elder law attorneys prepare other types of trusts to assist senior families. The attorney can prepare an irrevocable trust (discussed in fuller detail on other pages on this website), allowing the grantor to potentially achieve Medicaid eligibility and receive other government benefits, while still preserving a portion (or all) of their assets. This Medicaid planning can include assistance for a family with a special needs child, elder law attorneys will prepare a special needs trust to achieve asset protection while still allowing the special needs child to retain any public benefits that they may be receiving.

Estate planning with elder law attorneys help with any estate tax issues that may arise. Estate planning and elder law firms specialize in eliminating estate taxes that may be due upon death.

In addition to estate planning, elder law attorneys also specialize in assisting families when estate planning is unavailable due to incapacity. Once incapacity has come into play, most if not all estate planning is no longer available. If the family needs to take legal steps on the loved one’s behalf, the establishment of a court-supervised conservatorship or guardianship may be necessary to direct the incapacitated loved one’s affairs.

Another elder law specialty: Advocating on a client’s behalf when elder abuse unfortunately has entered the picture. As licensed attorneys, elder law attorneys can initiate legal proceedings and pursue wrongdoing when that is appropriate. This abuse can take place, for example, when the loved on is receiving elder care in a nursing home, or from caregiver providing home care. The elder law attorney can immediately assist the family to seek redress and try to regain peace of mind.

Elder law attorneys can assist in these and in many other areas: Veterans benefits, triggering payment under a long-term care insurance policy, some even file Medicaid applications.

When the need arises, QMC regularly will recommend a qualified elder law attorney to address necessary legal matters. Clients or non-clients can also find excellent elder law attorneys through their own personal research. A tip: Checking the directory of the National Academy of Elder Law Attorneys on the Academy’s website naela.org is a great place to start.

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