Elder law attorneys work primarily with seniors , taking a holistic approach to legal issues that people commonly face as they age, especially with health, housing, financial well-being and long-term care.
Elder law is an area of legal practice that specializes on issues that affect the aging population. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options.
In California , the fees attorneys can charge of probate work is set by statute, based on the gross value of the estate. The attorney’s fee schedule is as follows: 4% of the first $100,000 of the gross value of the probate estate. 3% of the next $100,000.
Ask Questions First How long has the attorney been in practice ? Does his or her practice emphasize a particular area of law? How long has he or she been in this field? What percentage of his or her practice is devoted to elder law or special needs planning?
A reputable elder law attorney helps protect your senior’s legal and financial situation and helps you figure out how to pay for the care they’ll need. The fees are well worth it if they can save your family thousands of dollars and avoid future legal headaches.
An irrevocable trust allows you to avoid giving away or spending your assets in order to qualify for Medicaid. Assets placed in an irrevocable trust are no longer legally yours, and you must name an independent trustee.
The National Center on Elder Abuse distinguishes between seven different types of elder abuse. These include physical abuse, sexual abuse, emotional abuse, financial/material exploitation, neglect , abandonment, and self- neglect .
As I mentioned, 55 is the age at which you’re considered to be a senior citizen — at least in the eyes on many businesses offering discounts. Being labeled a senior citizen might make you feel old, but you should still take advantage of the perks. For example, you can now get discounts on: Restaurants.
Our legal hotline provides free legal advice , assistance and referrals to all D.C residents 60 years of age or older. We recruit attorneys who willingly contribute their valuable time to provide legal services to low-income, older people.
Should you choose to work with an attorney , one might expect fees in the range of $250 – $500.
The basic difference is that Elder Law planning seeks to preserve your income and assets for use while you are alive. Estate planning is primarily concerned with implementing your wishes and distributing your assets after you pass on, in the most efficient and tax advantaged way.
An experienced Medicare attorney can help you understand the various options available to you so that you can make informed and confident decisions about your future. Medicare is broken into five separate parts: Part A/Hospital Insurance covers hospital, nursing and hospice care.
The $10,000 per person per year gift is permitted under the federal gift tax laws, not the laws which govern eligibility for Medical Assistance for long term care. In fact, the annual gift tax exclusion for 2010 is not $10,000, but $13,000.
In summary, the general rule is that, while a senior is alive, their home will not be “taken” or required to be sold to pay the nursing home or the state government. However, their home may need to be sold to repay the state after their death.
Yes, you can sell your home while on Medicaid , but with the risk of losing Medicaid eligibility. This is because once your home has been sold, it is no longer an exempt (non-countable) asset . Some states only go after fund reimbursement via assets that go through probate. California is one such state.