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.
These include physical abuse, sexual abuse, emotional abuse, financial/material exploitation, neglect , abandonment, and self-neglect . Physical abuse. Use of physical force that may result in bodily injury, physical pain, or impairment.
A seasoned lawyer in a big city can charge upwards of $600 an hour, while a younger, less experienced attorney in a more rural state may only cost $125 an hour. Most lawyers will charge a flat rate fee for Medicaid planning. Depending on the package of services that are selected, the costs will vary.
The 6 Types of Elder Abuse Physical Abuse . Any non-accidental use of force against an elderly person that results in physical pain, injury, or impairment is classified as physical abuse against Seniors. Emotional or Psychological Abuse . Sexual Abuse. Neglect or Abandonment by Caregivers. Financial Exploitation. Healthcare Fraud & Abuse.
Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care , long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.
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.
60 or older
But while state law requires that elder abuse be reported, the high level of proof needed for criminal charges is often elusive. If an abuser has legal documents such as power of attorney, it is especially hard to prove that a victim has been defrauded or stolen from.
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.
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.
Aging parents may be left alone if they are able to quickly recognize and respond to emergencies. The seniors should be able to physically reach the phone, call 911 and communicate the emergency. However, when aging parents’ cognitive abilities are in decline, thinking and judgment skills are affected.
Who are the abusers of older adults ? Abusers are both women and men. In almost 60% of elder abuse and neglect incidents, the perpetrator is a family member. Two thirds of perpetrators are adult children or spouses.