Elder Law Attorney • Elder Estate Planning Lawyer
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Frequently Asked Questions about Elder Law
Q: If I want to stay in my own home, do I have other options besides a nursing home?
A: Yes. If you want to stay in your home, you have options that may be less expensive and stressful than a nursing home. You could obtain a reverse mortgage on your home, long-term care insurance or support through federal or state funding sources. A family member, friend or paid caretaker may be able to help you with personal cares. If you want to stay in your home, an experienced elder law attorney can advise you about options you have.
Q: What are Medicare and Medicaid?
A: Medicare is a federal program established in 1965 to provide persons over the age of 65 or persons with a disability with low-cost health coverage. Few Americans receive funding for long-term care through Medicare. Medicaid, however, is a state-administered federal program designed to give low-income Americans medical and long-term care assistance. To receive Medicaid assistance, you must meet certain asset and income limits and asset transfer requirements. A skilled elder law attorney can assist you with these eligibility requirements.
In 2002, 59.6 million Americans were age 55 or older. As this segment of the population continues to age and expand to add new members, the likelihood of a serious medical condition dramatically increases. In the event you suffer a debilitating medical condition, you can ensure that you maintain control over your medical or financial decisions. By establishing powers of attorney and health care declarations, you can authorize a trusted loved one or friend to make your financial or medical decisions according to your wishes, even if you are unable to communicate those wishes.
At the Law Office of Nancy M. Rice, our New Jersey Elder Law firm, attorneys carefully assess each client's situation to design the plan that best protects the client's interests. We provide the following general information about Elder Law to clear up points of confusion and make our clients aware of benefits that are available to the elderly.
Since each family's and each individual's story is unique, it is important you consult a New Jersey Elder Law Attorney before making important decisions about estate planning and planning for long term care. Contact our Cherry Hill or Ocean City office if you would like to speak with one of our lawyers about your concerns.
Elder Law - An Overview
As the baby boomer generation gets older, aging Americans and their families increasingly encounter legal and practical concerns in caring for elderly loved ones. An attorney experienced in elder law matters can assist clients in planning for the future through powers of attorney and advance directives to ensure that proper medical treatment is provided. An attorney also advise on long-term care insurance or other funding options that foster the most independence and security for the many elders that want to remain in their homes.
Guardianships and Conservatorships
Guardianship and conservatorship questions may arise when an elder relative or older friend shows signs of incapacity or cannot handle personal cares or financial matters. A guardian or conservator is only appointed if a judge determines the person, frequently referred to as a ward, is incapacitated or incompetent, depending on the law of the state. The guardian or conservator could be a spouse, child, friend or other interested party.
Powers of Attorney and Advance Directives for Health Care
Many people worry about what could happen to them if they suffered a medical emergency or became incapacitated. Luckily, most states recognize the need to plan for future incapacity with planning tools referred to as advance directives. Advance directives can include durable powers of attorney for financial matters or health care, and "do not hospitalize" or "do not resuscitate" orders. With these tools, people can direct one or more persons to make certain health care and financial decisions in the event of their incapacity. States have different requirements so it is important to understand what documents are needed to create valid advance directives.
Planning for Long-Term Care
As medical technology advances and life spans increase, many Americans fear the financial strain that rising long-term care costs will have on their life savings.
Caring for Elderly Family Members
As seniors grow older, symptoms of physical and mental disability may arise. These disabilities often deprive people of the cognitive skills needed to make sound decisions and the physical abilities to care for themselves on a daily basis. Elder law clients frequently turn to their families to provide the day-to-day assistance they no longer can provide for themselves.
Elder Law Resource Links
Administration on Aging
The Administration on Aging is a division of the US Department of Health and Human Services advocating for older Americans. Its Web site contains information on legislation and resources for older Americans.
Centers for Medicare & Medicaid Services
The Centers for Medicare & Medicaid Services Web site is official site of the US Department of Health and Human Services with information on Medicare, Medicaid, regulations, and research and statistics.
National Clearinghouse for Long-Term Care Information
The US Department of Health and Human Services developed the National Clearinghouse for Long-Term Care Information Web site to provide resources for individuals and families to plan for long-term care.
The National Guardianship Association
The National Guardianship Association strives for a nationwide excellence in guardianship. Its Web site offers newsletters, information on ethical considerations, and practical guides on various issues pertaining to guardianship.
Partnership for Caring
Partnership for Caring is a national support organization for elderly persons. Its Web site advises senior citizens of lifestyle choices to maximize their quality of life.
