Elder Law focuses on many areas of the law, many that are very personal and sometimes emotional. Our clients come to us for all different types of reasons – guardianships, long-term care planning, advance health care directives, powers of attorney, estate planning, probate and trust administration, asset protection, special needs trusts and planning, and elder abuse. Through working with a great number of clients I’ve heard a great deal of why they have needed an elder law attorney. Here are what I believe is the top 8 reasons why many of my clients come see Tabory Law;
1. You know what your Dad wants, but if he does not write down in a legal document; it doesn’t count.
State law controls who is in charge of Dad’s care and burial, and how his money is distributed if he does not write down his wishes.
Today’s complex financial tools from IRA’s 401K’s to annuities, have their own forms and rules about who gets what when. Especially if there is a second marriage involved, this should all be reviewed regularly by an attorney who can explain it to you.
2. Your Mother is afraid “they” will take her house from her if she asks for help.
When one spouse is providing healthcare for another in the home, it can be overwhelming. But, there is a great deal of misinformation about what assistance may be available, and the rules are complex, and change state by state.
But, if a spouse is able to live at home, no State will “take” the house while the other spouse is in the nursing home.
3. Family dynamics change as loved ones need more care, and finances are more exposed.
Families often mix and match financial support among themselves to address everyone’s needs. Different family members have different needs at different times.
However, when the person with the money becomes disabled, or dies, a different standard is applied regarding how funds can be used and this can cause conflict and sometimes even displacement. The legal standard for a fiduciary (even if it is a family member) is not the same as it was before.
4. Paying caregivers is a business that involves hiring, paying, scheduling and firing people; on top of all the other things you are doing.
Each family situation is different, but if you are paying caregivers, you need to know your responsibility and liability for both state and federal taxes.
5. Your long term financial health and wellbeing depends upon the choices you make right now.
A consultation with an elder law attorney to review your specific situation and your specific documents is a wise investment before you make any financial changes. The timing of certain activity can mean the difference between having enough money to pay for caregivers at home or a hefty nursing home bill every month.
6. Your husband’s health/memory/judgment is getting worse. The Doctor says to talk to a lawyer.
You want to have the documents you need to make decisions for your loved one as the disease process progresses. If you wait too long, circumstances may require you go to court to have a guardian appointed by the judge. An experienced elder law attorney can help you identify the easiest means
7. Your aunt’s bill paying and bank withdrawals are getting more erratic. The Bank says to go talk to a lawyer.
Bankers have a frontline seat to how their clients handle money. When they notice a change in their customer’s behavior, they may reach out to family to inquire as to the reason for.
8. Time is a precious commodity. You need the right tools and information to be able to take care of your loved ones.
An elder law attorney can help. Your attorney can provide you with the tools and information you need to take care of your aging or disabled loved ones. Even if there is conflict within the family, your elder law attorney can assist in minimizing its impact on your loved ones and make sure they have the care they need.
Elder law is a practice area devoted to the needs of a particular type of client as opposed to a particular area of law. While not all elder law clients perceive themselves as elderly, many of them have similar needs. At Tabory Law we take a holistic approach to addressing clients’ concerns by focusing on the problem to be solved and are very happy to help our clients feel at easy.
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