Elder Law

Our senior citizens face different obstacles then younger people. Many laws already on the books help protect our senior population and those laws along with a few new laws and legal documents are usually referred to as Elder Law. The combination of these laws helps our seniors during difficult medical conditions, guarantees their medical wishes are followed, ensures bills are paid on a timely basis, protects their assets while alive and secures the fact that their loved ones are taken care of after their death.
Medical health is so fragile and is one of the biggest concerns as we age. There may come a time in your life when you are unable to voice your decision for medical care. There are two very important documents you can exercise, Living Will and Health Care Proxy. A living will is a written paper which details your explicit instructions as it pertains to your health care treatment. A typical Living Will states your decision for artificial life support depending upon your state of illness, whether it is terminal, includes a vegetative state or suffering from an illness with no known cure.

A Health Care proxy is an extremely sensitive document where you designate someone to make medical decisions for you in the event you are unable to convey your direct and specific intentions. This is an extremely important document for unmarried people or where close relatives do not live nearby. Of course, the person designated in the document to make your medical decisions is given a tremendous responsibility. Be sure to discuss carefully the burden with being named on a Health Care Proxy to ensure they are willing and able to fulfill their obligations.

A Last Will and Testament is important to ensure your estate including your assets and personal property are distributed to your relatives and friends in the manner you wish. With many people having second families, wills have become even more important to protect both sets of families and ensure family heirlooms pass to future generations. Wills can also protect a second life partner’s rights including the ability to live in your house and afterwards pass it to your children or grandchildren. The estate laws have allowed for a greater part of our estates to be exempt from taxes.

Keeping your financial situation healthy as you age can sometimes be very difficult. Some people use a limited Power of Attorney to allow a trusted individual (usually a close relative) or an account to take care of certain financial obligations and make designated financial decisions. This is very difficult since this is one sign that we are aging and not as capable of taking care of ourselves. It’s also wise to execute a Durable Power of Attorney. This document will only be enforced in the occurrence that you become mentally incapacitated. Without a Durable Power of Attorney, the courts will appoint a guardian to handle your affairs.

Eldercare Law also involves general topics such as Social Security, Medicaid, and Medicare. Housing is another important section including age discrimination as well as the administration of senior facilities. Luckily, this country has evolved and learned to protect its elder citizens with a series of laws and court rulings designed to protect them during health crisis and more easily maintain a positive financial situation, allowing for assets to be passed to the next generation.