Elder Law Attorney Articles

  • 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.

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  • 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
  • How to Use a Miller Trust for Medicaid Eligibility

    Qualifying for Medicaid coverage is a complex process that involves making sure a senior’s income and assets fall below certain levels. “Income cap” states allow applicants to use a specific kind of trust to help them meet these eligibility guidelines.

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  • How to Legally Force a Loved One to Move to a Senior Living Facility

    What is a caregiver to do when a senior is no longer safe living at home but refuses to consider moving to long-term care? Guardianship is a tool that allows adult children to make decisions on behalf of an aging parent when competency is in question.

    51 Comments
  • How to Pay for In-Home Care

    Use this guide to explore all your options, such as insurance coverage, benefits and out-of-pocket sources, that can be used to pay for home care.

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  • Advance Care Directives: Preparations for the Unforeseeable Future

    An advance directive is a legal document that identifies a person’s health care preferences in the event that they become unable to make decisions for themselves. Advance care planning provides invaluable guidance and peace of mind for family members.

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  • 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
  • “Spending Down” to Medicaid: One Caregiver’s Personal Journey

    For many families, navigating Medicaid eligibility seems complicated and the spend down process is one of the trickiest parts. Use this caregiver’s experiences to inform your own Medicaid planning strategy.

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  • Why Elder Law Attorneys Aren’t Just for Seniors

    Working with an attorney who specializes in legal planning for older and disabled individuals gives senior clients peace of mind and allows their family members to understand and accept their roles and responsibilities before they must act on them.

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  • Power of Attorney: Why Not Buy a Form Online?

    Looking to save money on legal fees by purchasing a Power of Attorney form online? Here's how that approach could end up costing you more in the long run.

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  • When Family Members Feud Over Power of Attorney

    Power of attorney forms are a crucial part of planning for future health care needs and financial decisions, but it is important to understand how these legal documents can be drafted and the effects they can have on family relationships.

    117 Comments
  • How much does a power of attorney (POA) cost?

    Getting a durable power of attorney (DPOA or POA) online can be completed for very little cost. However, the importance of this legal document may warrant hiring an elder law attorney.

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  • Can a Caregiver Change a Loved One’s Power of Attorney?

    Two common scenarios are when a caregiver no longer wishes to be POA and when a family member wants to challenge the legality of a POA’s actions. Changes are dependent on the principal’s competency, how the document is written and the desired outcome.

    10 Comments
  • How Can My Elderly Parent Qualify for Medicaid?

    Find out how annuities play into Medicaid planning for your elderly parents. It may seem hard to believe that annuities can help the elderly qualify for Medicaid - yes, Medicaid. This is sometimes called the "Half-A-Loaf" approach, and in certain cases, it can be a lifesaver for those who need the help the most.

    45 Comments
  • Living with Elderly Parents: Do You Regret the Decision?

    Regardless of who moves in with whom, the decision to cohabitate with aging parents is a serious one that affects all relationships within a family, careers, finances, and the physical and mental health of everyone involved.

    358 Comments