When you're caring for a parent with dementia, there are some things you need to do to stay on the right side of the law. It's common for aging adults to deal with conditions like dementia or Alzheimer's disease, so understanding when your parent is no longer able to make decisions can help you when working on financial and legal matters.
At your request, you're able to have a "Do Not Resuscitate" (DNR) order in your medical charts. There are a few restrictions, though. For example, if you have a disease that affects your mental state, you may not be able to sign legally binding documents.
An elder law attorney may be familiar with many kinds of law, but he or she generally practices and is experienced in elder law. He or she handles legal matters involving estates, planning for guardianship, long-term health care planning, Medicare and Medicaid, wills, trusts and other important matters for aging individuals. Don't let the name of the practice area confuse you, though; elder law attorneys work with people of all ages.
As you age, you may realize that there are many legal documents you need to complete. You need to create a will, an estate plan and may want to design a trust. You want to protect your assets and avoid losing them because of needing nursing care. Yes, there are many things to think about, which is why you may want to work with an elder law attorney.
Medicaid has it's place, and it helps the elderly get the medication and care they need as they age. Patients have only three choices when it comes to paying for extended care. They can use their own money and pay privately, use Medicaid or use long-term care insurance. Medicaid is a means-tested program, which means that you aren't allowed to own much property or many assets if you want to qualify.
It is no surprise that some people don't want to talk about estate planning. It's not a comfortable topic. Discussing your estate plan means you need to accept that you won't be around forever, and you need to address what you want to do with your assets, debts and liabilities.
As someone who is getting older, you've probably started to think about your estate plan. One thing that's important to have is an elder law power of attorney (POA). An elder law power of attorney isn't quite the same as a typical POA.
Choosing the right nursing home can be the difference between your loved one receiving good care or finding that he or she has been injured at a nursing home. It's hard to know which facility to choose; many are expensive, and some may seem better than others on the surface with no particular benefit over others. How can you make this important decision easier?
As you age, you may find you have specific legal needs. In those cases, it may be in your best interests to work with an elder law attorney.
A revocable living trust is not the same as a will, and it has some special benefits. To start with, you need to understand the differences. A revocable living trust is able to be altered at any time if you change your mind, similarly to how a will works. However, a revocable living trust spares your family the hassle of probate, which is something necessary when a will is used. Probate is a court-supervised process that is always required when someone dies with or without a will. Probate is the process by which the will is read and the estate passed to the heirs.