6 Ways an Elder Law Attorney Can Help Families

Families are frequently split on the type of care they want for their parents, says Patrick Simasko, a Certified Elder Law Attorney (CELA) in Mount Clemens, Michigan. Unlike family members who have an emotional connection to their loved ones, an elder law attorney can offer an unbiased opinion to develop an objective long-term plan.

“Every parent wants to stay in the home, but sometimes that’s not the best advice. First and foremost, the attorney must recommend strategies that ensure the aging loved one is protected,” Simasko explains.

Elder law attorneys focus on issues that families face as parents or spouses age, says Anthony J. Enea, a CELA in White Plains, New York.

“An elder law attorney goes over what kind of care is required and whether the person is able to stay at home or needs long-term care,” says Enea. “Then we look at steps to protect assets in case of long-term care.”

Elder law attorneys can help families navigate the entire process of searching for long-term senior care for their loved ones.

A condition such as Alzheimer’s or another type of dementia may affect your loved one’s ability to make decisions about their care. It’s important to seek assistance before the condition progresses and an elder law attorney can help your family prepare a durable power of attorney. This allows an appointed person to make medical or financial decisions on your loved one’s behalf should they become incapacitated.

Without a durable power of attorney, if your loved one becomes incapacitated, an elder law attorney can help your family begin the process of obtaining guardianship. While guardianship is often considered a last resort, it will allow you or another guardian to manage your loved one’s personal and financial affairs.

Elder law attorneys can help seniors access Medicaid services, and they will be familiar with the specific Medicaid programs in your state. They can offer valuable guidance on eligibility and the application process. They also know the right times to enroll and how to manage finances and assets while navigating the Medicaid Look-Back Period.

Elder law attorneys can also help seniors apply for Medicare and Social Security. They can discern which programs the senior qualifies for, help with applications, and will advocate for them through any appeals processes.

Your loved one’s Medicaid or Medicare eligibility depends on their financial assets, the cost of the medical treatments they need, and their individual state’s Medicaid requirements. If your loved one qualifies for Medicaid, many of their care services may be covered. You might even qualify for payment as their family caregiver. If they only qualify for Medicare, then typically only short-term care services are covered.

Read more:Understanding the Medicaid Look-Back Period

Many veterans may not realize they’re eligible for certain benefits through the US Department of Veterans Affairs (VA). For example, the Aid and Attendance benefit is one of several benefits that can help veterans pay for long-term care. An elder law attorney can provide guidance and help your senior loved one complete an application or provide information about other long-term care benefits for veterans.

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Elder law attorneys can help family members identify risky situations that could lead to financial exploitation. When dad and mom slow down or their health declines, a dishonest neighbor has the opportunity to come over and start “helping out,” or an unscrupulous adult child might try to obtain access to financial accounts, says Simasko.

“Protecting their assets from dishonest predators is essential. An elder law attorney can report potential criminal activity or fraud to stop it or advise the children,” Simasko notes.

An elder law attorney can help with the creation and management of an estate plan. A “living trust” is an effective tool often used to help ensure a person’s assets are managed properly if they become ill, disabled, or otherwise incapacitated. A living trust can also protect seniors from elder fraud and financial abuse from family members or other people close to them.^[01,02]

“The elder law attorney should listen to the situation and give the advice that is best for the client — not necessarily the advice a family wants to hear, but what’s best, given the situation,” says Patrick Simasko.

To find a certified elder law attorney in your state, you can use the NELF search tool. The National Academy of Elder Law Attorneys also provides a location-specific search tool and more information on elder law attorneys.

To become a Certified Elder Law Attorney (CELA), an attorney must have practiced elder law for a certain number of hours each week for a specific number of years. They must also have logged the required number of hours of continuing education. The National Elder Law Foundation (NELF) lists certification requirements on its website.

If your family has questions about senior care for your aging loved one, A Place for Mom’s Senior Living Advisors can help connect you with local options that include, home care, assisted living, and memory care.