Elder law is one of the many fields in law that deals with legal issues related to the elderly. The broader definition of elder law is the field of law that is known to address the many legal issues faced by the growing elderly population. It mainly focuses on the legal issues faced by baby boomers and their parents. Attorneys, such as palm coast elder care attorney, are well versed in these issues and are more commonly known as elder law attorneys.
Elder law attorneys are individuals that have experience in this field of work. However, it is not necessary that this is the only field of law that they practice. There are law firms such as Chiumento Law, PLLC that specialize in other areas of law as well, such as estate planning and personal injury.
What are The Different Types of Elder Law?
The majority of elder law attorneys are not involved in all the areas of law, which makes it essential for individuals to seek out the right type of elder law attorney. Some of the different areas in elder law include:
- Elder abuse
- Care planning (long term)
- Estate settlement and planning
- Special needs planning (disability)
- Conservatorship or guardianship
Unfortunately, as people age, they are more than likely to face personal or financial abuse from their family members. Mistreatment can range from theft of assets to social security fraud.
Care Planning (Long Term)
This form of elder law focuses on the different services provided to the elderly, which they need in order to live safely as they are not capable enough to take care of themselves. This can include nursing homes, assisted living organizations or even long-term health insurances.
When senior citizens go to care homes or assisted homes like nursing or old age facilities, they can sometimes be neglected or ignored. This amounts to abuse and should be dealt with in a legal manner. For example, hiring the best atlanta nursing home abuse attorneys can help in ensuring that there is always proper care and service that is extended to senior citizens. If there is any act of negligence or ignorance then the nursing home should be liable to pay compensation.
Estate Settlement and Planning
This area of elder law focuses on estate planning and what approach should be taken when deciding who will be receiving the elderly’s property once he/she dies and who will be making sure that all the final wishes are carried out. This section of elder law includes planning to prevent probate, minimizing estate taxed, disability planning and ensuring that the beneficiaries are protected from making bad decisions.
Special Needs Planning (Disability)
This area focuses on the support systems put in place by the elderly to protect themselves if a situation occurs where they become physically or even mentally incapable of handling anything. There are some legal documents that need to be made ready in advance, such as:
- A durable power of attorney
- Advance medical directive
- A living will stating what treatments you wish to seek
Without these legal documents, a random guardian can be assigned to you without your consent, and he/she can make whatever decisions they want.
Conservatorship or Guardianship
If a person does not state who he wants as his guardian once incapacitated, then a family member or even a stranger can go to court to petition for a guardian or conservator.
Elder law is essential in today’s day and age, especially due to the increasing population of the elderly. These elder laws make sure that even the youngsters of today will be ensured a safe future, and since laws will already be well defined, the future of today’s youth will be secured.