Elder Law Articles

  • Why a Letter of Competency Should Be Part of Every Senior’s Legal File

    Adding this one simple step when a loved one creates or changes their will, powers of attorney and other crucial legal documents can minimize unnecessary stress and familial discord down the road.

    6 Comments
  • Legal Competency: When Is It Too Late to Create a Will, Trust or POA?

    It is crucial to engage in proper legal planning with family members while they are still of sound mind. An elder law attorney outlines competency criteria that must be met in order to obtain valid legal documents before a crisis strikes.

    30 Comments
  • 3 Legal Documents Caregivers Need to Manage a Senior’s Healthcare

    HIPAA authorization, medical POA, and advance directives are the three legal documents family caregivers need to make critical care decisions on behalf of their elderly loved ones.

    35 Comments
  • The Difference Between POA, Durable POA, and a Living Will

    Familiarize yourself with the basic elder law documents that seniors and caregivers need. Create a cohesive legal, financial and medical plan that includes a will, advance directives, and powers of attorney (POA).

    56 Comments
  • 5 Common Legal Issues That Caregivers Face

    Seniors and their caregivers are prone to many unique legal challenges. Explore issues with POA, guardianship, elder abuse and why it's important to enlist the help of an elder law attorney in a senior's care planning.

    24 Comments
  • How to Prepare a Letter of Instruction for End-of-Life Wishes

    A letter of instruction acts as a comprehensive guide to end-of-life matters for surviving family members. Learn what kinds of personal, financial and funeral planning information to include in this document and how often it should be updated.

    0 Comments
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  • How to Select (and Afford) an Elder Law Attorney

    Use these expert tips to help you find a lawyer who is knowledgeable, effective, understanding, and in your budget.

    7 Comments
  • Applying for Medicaid: An Elder Law Attorney Can Help

    The Medicaid application process can be extremely complicated, so be sure to do your research beforehand. When applying for state Medicaid benefits, you may want to consider hiring an elder law attorney to help.

    5 Comments
  • Power of Attorney Explained

    One of the most powerful tools for managing your affairs should you become mentally incapacitated is a durable power of attorney (DPOA). Understand the legal powers and responsibilities of assigning and holding POA.

    14 Comments
  • Top 5 Strategies for Protecting Your Money from Medicaid

    Many aging adults must apply for Medicaid in order to afford long-term care. Here are some strategies for preserving some of your wealth while qualifying for financial assistance.

    20 Comments
  • The Top 8 Medicaid Planning Mistakes People Make

    Proper Medicaid planning is crucial when it comes time to pay senior care costs. Here are some common mistakes people make when trying to plan for Medicaid.

    7 Comments
  • Health Care Decision Making in a Senior Living Facility

    Even if you were heavily involved in the decision to place an elderly loved one in a senior living facility, you must have certain legal documents in place to participate in conversations with staff about their medical care.

    3 Comments
  • Estate Administration: Know What to Do When a Loved One Dies

    When someone you love passes away, the last thing you want to think about is locating legal documents and handling financial matters. Use these steps to make the probate process as simple as possible.

    45 Comments
  • Things You Can and Can't Do With Power of Attorney

    Whether you’ve been named as someone else’s power of attorney (POA) or you’re looking to appoint one for yourself, know what responsibilities and limitations come with this designation.

    164 Comments
  • How to Get Guardianship of a Senior

    If an aging loved one has not named a power of attorney and is losing their ability to think clearly and handle aspects of their daily life, it might be time to seek guardianship.

    130 Comments
  • How Can I Get Paid for Being a Family Caregiver?

    Programs and assistance vary widely by state and individual circumstances, but some financial help may be available for family caregivers who are looking to offset the costs of providing care for an elderly loved one.

    220 Comments
  • Planning Ahead for Mom and Dad's Elderly Care

    Known as advanced care planning, have a conversation with your elderly parents on advance directives, wills, living trusts, health care proxies, and power of attorney before they get sick.

    11 Comments
  • POA: How do I make sure I have the legal authority to make decisions on mom's behalf?

    In order to make most decisions on an aging loved one's behalf, you must be given the legal power to do so. A durable power of attorney is a document your relative executes that gives you specific legal powers to act on his or her behalf.

    12 Comments
  • Weighing the Pros and Cons of a Living Trust

    There are many different legal and financial tools that can be used for Medicaid planning, estate planning and tax planning purposes. A living trusts are one popular option, but it is important to know how this tool works and make sure this is the best fit for your assets, personal situation and goals.

    5 Comments
  • Exercise Caution when Considering a Life Estate Deed

    Some individuals may consider transferring property to a trusted family member as a part of their estate plan or Medicaid planning. However, there are a few different scenarios to consider before opting for such a strategy to ensure you do not lose the property altogether.

    3 Comments
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