The elderly are faced not only with traditional legal challenges but also those related to aging. As such, their needs might not be met with a standard attorney. They might be better served by attorneys who not only specialize in elder law but also in doing business with senior citizens.



Understanding of Elder Law



The parameters of elder law aren't as clear-cut as some legal areas like personal injury law. As noted above, the elderly might need legal services related to any aspect of life, including creating living trusts or receiving public health benefits. However, elder law focuses especially on issues concerning senior citizens.



For example, experienced elder law attorneys understand the complex legal areas related to the end of life. So, they're adept with creating wills, estate planning, and selecting durable powers of attorney. What's more, they're well-versed in Medicaid, or California's Medi-Cal, and social security. Some elder law attorneys specialize in issues related to elder abuse, say in a nursing home.



A special challenge of elder law is that it varies from state to state. So, laws related to California might be different even just across the border in Arizona. An elder law attorney in your area will know the specific regulations for your state.



Guidance in Personal Finances



One aspect of life that's much different for the elderly is finances. Typically, senior citizens retire or don't have the same capacity for earning a living as they did when they were younger. What's more, they might have more issues related to health, which might drain their finances.



To that end, experienced elder law attorneys will have a deep understanding about how to access the social programs such as Medicaid or Medi-Cal for the elderly.



Experienced elder law attorneys can also coordinate with financial planners or create an estate plan. But you don't have to be elderly to hire an elder law attorney. Some younger people utilize their services to make a plan for their future finances for when they are elderly.



Procurement of Guardianship



When you look at estate law specifically, it usually relates to what happens after someone dies. However, elder law also is also concerned with the time period before death. For instance, many people succumb to age-related illnesses that can incapacitate them. In that instance, they need guardianship.



Elder law attorneys can help devise a plan of guardianship that can include designating a living will, which deals with medical decisions in the event that you become incapacitated. A revocable living trust serves a similar purpose but for financial decisions.



Those matters can be handled with a power of attorney, which gives a person the power to make all medical and financial decisions in case of incapacitation. However, you might be better served separating the two. An elder law attorney is equipped to help you not only make that decision but also outline the parameters of control.



Disentanglement from Complex Family Situations



The longer you live, the more likely you are to become entangled in complex family situations. For example, you might have remarried, come into an inheritance, acquired grandchildren, or watched while a family member became disabled.



Each of those situations comes with its own set of legal and financial responsibilities. You don't want to leave the disentanglement to your family or, even worse, the state. Instead, you'll want to have a comprehensive plan in place for after death or in the case of incapacitation.



For example, such a plan might include a special needs trust if you want to help a family member who has become disabled. In the case of divorce or growing families, you'll want to be clear in your will who the beneficiaries are and of what. Elder law attorneys should have a solid approach to such estate planning.



Consult with attorneys who have experience in elder law to ensure all your needs are being met. Kisner Law Firm can help you with all your elder law needs.