An Administrative Proceeding is the process by which an estate is distributed in accordance to intestacy laws of a given state while being supervised in court. When a person passes, if he/she has never gotten around to any form of estate planning and therefore passes away without having a Will or Trust the estate is…
Elder law is a branch of legal practice that focuses on legal issues faced by the aging population. Lawyers who practice this branch of law strive to help elders plan and prepare personal and financial documents that restore and protect their autonomy independence through proper planning. It is an umbrella term that includes various other branches of law specified for the anticipated needs of the elderly, such as end-of-life planning, incapacity, prolonged life decision, Medicaid, long-term care, guardianships, estate planning, wills, trusts, retirement, PoA, and other advance directives.
In addition to the financial and estate planning matters, Elder law also deals with other aspects of senior living. For instance, issues affecting daily care, assisted living, healthcare facilities, social security, and others. Elder law practitioners, along with paralegals, counselors, financial planners, healthcare providers, etc., all work together to specify documents as per the requirements of the elderly.
Within estate planning, the role of a lawyer practicing elder law will focus on:
• Discussing, educating, and guiding elders on the importance of estate planning, the process involved, and how they can undertake it to plan for their retirement, probate, planning for the care of minors and special needs adults or children, life insurance, Medicaid or Medicare coverage, etc.
• Providing guidance on how to create a durable Power of Attorney and healthcare proxy documents for incapacity. This will also involve healthcare planning, covering long-term care, Medicaid planning, housing opportunities, etc.
• Help them choose and appoint a legal guardian.
• Drafting wills, trusts, asset protection, and other related estate planning documents along with advanced directives.
Elder law covers the needs of the aging modern population, designing solutions that serve their specific needs. In this category, you will find articles that explain senior rights in the context of estate planning and other articles that give a comprehensive explanation of how elders can undertake estate planning.
When it comes to estate planning at times parents may want to disinherit a child, or children. Some of us may simply want more clarity or assurance on the topic of disinheriting or making sure that an ex-friend or relationship gets nothing once we are gone. In reality if you’re worried about an ex-friend or…