Basics of Elder Law
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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.
As baby boomers age, elder law issues are becoming more prominent. Planning for medical emergencies and financial needs in retirement is important. Contact our firm today to speak with an attorney experienced in elder law.
Elder Law Information Center
Elder law is an area of law involving the rights and interests of the elderly. From estate planning and long-term care needs through nursing home negligence and elderly abuse cases, our firm has the extensive experience and dedication to protect your rights and interests. Whether you are seeking to protect the interests of an aging parent or relative, or you are interested in planning for your own retirement, we will explore your options and alternatives, providing the legal support and advocacy you need. Contact The Law Office of Frank A. Hauenschild for an immediate consultation or case evaluation.
Contact The Law Office of Frank A. Hauenschild for a free consultation with an experienced lawyer dedicated to protecting the rights of clients throughout New Lenox, Illinois.
Free consultations • Offsite and weekend appointments available • All personal injury cases taken on contingency • Payment plans available for real estate and estate planning legal services
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.
