Elder law attorneys work on the legal problems that arrive with age: paying for long-term care, Medicaid planning and eligibility, nursing home contracts and disputes, guardianship and conservatorship, capacity questions, special needs trusts, veterans' benefits and elder financial exploitation.
The centre of the practice is usually long-term care. Nursing home costs exhaust savings quickly, Medicaid eligibility rules are unforgiving, and transfers made in the look-back period before applying can trigger a penalty period with no coverage at all.
Before you hire
- Plan before the crisis if you can. Options narrow sharply once someone is already in a facility, though even then a good attorney can usually improve the outcome.
- Ask specifically about Medicaid experience in your state. The rules are federal in outline and state in detail.
- Ask about alternatives to guardianship. A power of attorney and health care proxy signed while capacity remains is cheaper, faster and less intrusive than a court proceeding.
- Be alert to advisers selling annuities or trusts as a Medicaid fix. Ask how the person is paid.
Estate planning, probate and nursing home abuse cover closely related work.
Elder Law: frequently asked questions
What is elder law?
Elder law is the area of practice built around the legal needs of older adults and their families: long-term care and how to pay for it, Medicaid and Medicare, guardianship and capacity, powers of attorney and health care directives, estate planning, and protection from financial exploitation.
When should I hire an elder law attorney?
Before a crisis, if possible. The usual triggers are a diagnosis affecting memory or capacity, a hospitalization likely to end in long-term care, a Medicaid application, signs of financial exploitation, or a family disagreement about who should be making decisions.