Elder law includes traditional estate planning and probate but, so much more. It will come as no surprise to anyone that as our society has become more complex, so have our laws. This is especially true with the laws affecting the elderly because there are so many areas of life impacted by aging: inheritances, property transfers, taxes, long term care planning, Medicaid and Medicare, etc. It is common for people to have misunderstandings about law and how its application will affect the future. Many individuals take actions regarding their property without realizing that there may be unintended consequences for their families years later. This is especially true with tax considerations and governmental programs such as Medicaid. For example, a father may transfer real estate to a child, thinking this will qualify him for Medicaid to pay for nursing home care when he needs it. Such a transfer may instead cause the parent to be ineligible for Medicaid for months or years. Speaking with an elder law attorney before taking legal action can save thousands of dollars and avoid needless anxiety. It is important for people to consider planning before an emergency arises in order to increase their peace of mind as they age. Family members also appreciate knowing that their parents have planned ahead and have made their wishes known. This is important not only in property matters, but also in health care. Executing a medical power of attorney and living will while one is still healthy can help avoid family disputes in the future and unfortunate court interventions.
Elder law attorneys must have a wide breadth of knowledge in many areas of the law and should employ a practical, problem solving approach to client concerns. Practioners should be familiar with the resources in the community so that they can refer their clients to other professionals, as needed, to assist in non-legal matters. Elder law attorneys often use a holisitic approach when assisting clients because so many areas of the law are involved.
Although there are standard tools used in elder law, each person is unique and has special family concerns. Some individuals want to focus on how to ensure that their resources will be available for financing the costs of quality care for themselves and their spouses. Others want to consider asset preservation for their heirs. Most wish to consider both. Many families also contain a disabled person who may qualify for a disability trust to enhance his or her quality of life. Parents may wish to provide for a disabled child through a trust in their wills.
Lawyers and their staff practicing elder law consider themselves to be advocates for the elderly and disabled. An elder law practitioner will put aside myths about aging and support the rights of their clients to self determination and independence while still understanding the difficult mental, physical and emotional challenges faced by aging. Solem, Mack and Steinhoff, PC is pleased to discuss any legal concerns with you in the strictest confidence, following the high standards of the legal profession.
The purpose of this website is to introduce the reader to elder law and the law firm of Solem, Mack and Steinhoff, PC. It is not intended as a substitute for legal advice nor should the reader assume an attorney-client relationship as a result of visiting the website. Laws vary from state to state and are in a constant state of flux due to budgetary restrictions and other changes. Although this website will be kept up to date as much as possible, for current information pertaining to the specific facts of your case, an attorney should be consulted directly.
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