What are the important issues an Elder Law Attorney can help with?

What are the Most Important Issues an Elder Law Attorney can help with?

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If you are a senior, or if you have an elderly loved one, you may want to consider making plans for long-term care. While private health care remains very common, it is expensive and can only be afforded by few individuals.

Medicaid, on the other hand, is a program funded by the government. Due to the complex nature of Medicaid, including the eligibility requirements that exist, you may require the services of a Medicaid attorney or an elder law attorney to scale through this process without ant hindrance or difficulty.

What is Medicaid?

Medicaid is a program for individuals who cannot afford to pay for medical care. Medicaid, a program funded by the government, pays for several services. However, some of these services may not be covered for you due to your age, financial situation, family circumstances, transfer of resources requirements, or living arrangements.

Each states runs its own Medicaid program. However, the federal government has regulations that all states must adhere to. The federal government also provides part of the funding for their Medicaid expenses.

Based on federal rules, states create and operate their Medicaid program to ensure that it caters to their residents who qualify. States may decide to offer more services than the federal government requires. Also, states may decide to provide coverage to larger groups of individuals. Medicaid offers health care coverage for eligible individuals, according to their income and the assets they possess.

Important Issues an Elder Law Attorney can assist with

1.     Long care planning

Long-term care planning involves planning for your health care needs. These needs includes healthcare teams, nursing homes, including assisted living options. In addition, you might also want to plan for in-home nursing care.

Most families don’t have the money to cover such services. And even with insurance coverage, you might discover that you lack the benefits available to cater to your care for several years.

You can decide to pay for your long-term care, and an attorney will assist you in unlocking those options. Elder law attorneys advice their clients regarding eligibility and search for programs such as Veterans’ affairs that might assist in paying for these services. Even if you aren’t eligible for VA benefits, you may have Medicaid or Medicare, which helps in financing long-term care.

Your attorney wouldn’t only help you prepare for applying for Medicaid, they will also assist with asset management so that you are financially eligible.

2.     Creating and Advance Directive

Elder law attorneys help individuals create estate plans, and they can as well create important estate planning documents such as a living will. A living will, also regarded as an advanced directive, is your advocate designation if you have health issues or if you cannot make important medical choices yourself.

Your living will states all your medical desires. It is a legal document that outlines how you want to receive emergency care. You can include topics such as resuscitation, life-saving measures, surgeries, and any end-of-life treatments that you wish or don’t wish to receive. Ensure you discuss these options with your main care physician including your family.

3.     Durable financial power of attorney

Another important issue that an elder law attorney can help you with is the preparation of a durable financial power of attorney. This document allows an individual to make financial decisions on your behalf in the event you are incapacitated and cannot make those decisions yourself. 

A durable financial power of attorney grants power to one individual, who might be a family relative. This individual has the legal right to access your accounts, pay your bills in your stead, sell or buy assets, and even pay your taxes.

Need an Elder Law Attorney?

Do you intend on applying for Medicaid but don’t know how to go about it? Or do you wish to set up a Medicaid Asset Protection Trust? If yes, don’t hesitate to call our office. We boast of the best Medicaid attorneys who are experienced in matters regarding Medicaid.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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