There are two important keys for factoring in healthcare decisions late in life. These are the living will and a healthcare proxy. They not only provide directions for someone’s care, but they also keep decisions from being made in expensive court proceedings. […] Continue reading
elder law blog
There are plenty of stories about the challenges of moving on from a business when it’s time to leave, but there are also more positive stories about proven paths for successful business exits. One such example is that of Arbor Investments LLC in Michigan after the sale of 208 Arbor Drug Stores in 1998. […] Continue reading
Unfortunately, when it comes to fraud, there is a perfect storm targeting senior citizens. Many of the scammers who target this population are extremely crafty and have compelling stories and displays to make it look as if their operation is legitimate. Steering clear of these situations can be difficult; read on to learn more.
As a result of longer living and the risk of cognitive decline, there are challenges facing the elderly population when it comes to fraud schemes. One major concern has to do with financial abuse, which is frequently underreported. There is a large gray area associated with inheritance versus abuse, meaning that very few cases actually come to light involving such scenarios.
Many states have become active in putting forth “pause laws” that mandate waiting periods for financial transactions accomplished by anyone calling themselves an elder advisor. In addition, all states but New York require some kind of reporting of any potential abuse. The key to preventing these schemes, especially with regard to financial abuse, involves early communication with family members and the possible creation of a trust to generate an “invisible fence” around assets that can help cut down on outside access.
As more baby boomers are crossing into the retirement divide each day, the need for an elder care lawyer is only growing. Older individuals have many different challenges to contend with, chief among them being healthcare and estate planning.
Good counsel with experience in elder care will be beneficial in many different ways, including disability and social security issues, asset transfer, long-term care, and estate and trust work. Finding someone with experience in the field ensures that all your questions are answered properly and that you feel confident about the future.
Before hiring an elder care attorney, ask about qualifications: how long has the attorney been focused on elder law? Will your case be handled by the individual attorney or a team? Is the attorney interested in building a relationship with you to help address all of your elder law concerns now and down the road? These are critical questions that should be answered at the outset of your interaction with such an individual.
Finding the right match for you is a mix of experience and personality. Since you may need assistance with numerous elder law issues over the course of the coming years, make sure you find someone you can trust who has an opinion you value.
As a result of a federal law that became active in 1993, states were required to recover long-term care expenses for those aged 55 and over after an individual passed away. Each state also had the option to go after all health expenses, too. There were exemptions made for estates that included a surviving spouse, a child under the age of 21, or a household with a blind/disabled child of any age.
These Medicaid Estate Recovery Programs vary from state to state in terms of their specific requirements and the vigor with which collection is pursued- this is why it’s important to consult with a specialist if you have more questions.
Implementation of the Affordable Care Act has three different impacts on these regulations, all of which potentially put higher numbers of estates under these guidelines. This includes the mandate that most Americans should obtain insurance, expanded Medicaid eligibility, and the elimination of asset evaluations to determine eligibility. Got questions? Reach out to us at firstname.lastname@example.org.
As children grow older and leave the home, as retirement takes away much of the interaction with work contacts, and as the possible loss of a spouse impacts an elderly individual, being alone becomes the norm. Unfortunately, it can also be a dangerous problem if you don’t plan ahead for how you can stay socially involved with friends, family, and your community.
As baby boomers age, it becomes much more likely that both parents and even friends pass away, which can lead to feelings of extremely loneliness and even depression. When these major life events alter how often you’re interacting with others, it’s important to take steps to build a support structure. For many, this means getting involved in community organizations like a church.
There are many benefits to regular social interaction, including better self-confidence, happiness, and an improved overall outlook on life. Other family members can be a critical part of the support structure you build, but it can be very beneficial to establish regular habits with community organizations. Whether it’s getting together for fellowship or volunteering in some capacity, it can be very advantageous to find other friends and peers to network with. Building a routine that involves regular interaction with these kinds of groups can also help to combat loneliness.