Elder Law Basics
Elder law is a legal practice area that focuses on the legal issues related to older adults and people with disabilities. It encompasses a wide range of legal fields, such as real estate, estate planning, and guardianship law, among others. Although it can be a broad subject, elder law attorneys typically focus on the needs of seniors and managing the transition to elder status.
So why is elder law important? There is a growing need for elder lawyers as the senior population grows and we live longer . In addition to the complex web of decisions that are necessary as people reach senior status, there are also complicated legal issues involving Medicaid. The choices families make will impact both the Medicaid process and the ultimate quality of care the person receives.
This growing area of practice helps families navigate the complex maze of elder law, Medicaid planning, and related legal issues. Finding an elder law attorney who is local and understands your community is important. The right elder lawyer will be your advocate, offering genuine compassion and a true desire to help.
Elder Law and Medicaid
Medicare will cover some of the costs that seniors incur as they age, but it does not cover all of them. While seniors are responsible for copays under Medicare, Medicaid provides benefits that will cover long term care. For many, this is the solution to the costs associated with care in a nursing home or assisted living facility.
Before Medicaid will pay for the care at a facility, though, the individual applying for Medicaid must meet certain requirements. The person must meet the strict income and asset limits. Income limits are however relatively higher than eligibility limits for other programs, like Supplemental Security Income (SSI). There is also a strict limit on the amount of assets one has. However, the assets you exclude from the calculation include your home, an automobile, and a few personal effects my family has found useful for clients. An experienced attorney can work with her client to make those determinations, especially in the case of gifts made to family members.
If a client is not eligible for Medicaid due to financial reasons, the elder law attorney can help them put together a plan to spend down their income and assets. This is done by removing countable resources from their accounts. As long as the elder law attorney advises the client when doing this, these strategies are entirely legal under current state and federal laws.
How to Locate an Elder Law Attorney Nearby
Finding the Right Elder Law Attorney Near You
One of the best ways to find an elder law attorney who specializes in Medicaid is by asking for recommendations from friends, family, and trusted professionals. If you are a senior, ask your financial planner or accountant for recommendations on local elder law attorneys with experience in Medicaid. If you are the adult child of a senior, talk with your parents about whether their trusted advisors have any recommendations. If your parents are currently receiving Medicaid services through an assisted living or long-term care community, ask the staff at that community if they have any recommendations. And, no matter what your situation, ask around for local elder law attorneys you can talk with. While not as personal, there is also a lot of information available online that can help you find an elder law attorney in your area. A simple online search of "find an elder law attorney near me" will get you started. You can also visit the National Academy of Elder Law Attorneys website and check their online directory of elder law attorneys who are members of their organization. A final way to find an elder law attorney near you is to go to the National Elder Law Found website. Once you enter your zip code and submit it, you will be provided with a list of certified elder law attorneys in your area. The attorneys are able to provide you with a free consultation to discuss your situation and whether or not suitability of that attorney for your particular needs.
Questions for an Elder Law Attorney
These are suggestions for questions you can ask an attorney in your search for a good elder law attorney to handle your Medicaid concerns, or your loved ones. Please do not use this as a script at your initial consultation, as it’s expected that you will have a number of other questions to ask as well.
What experience do you have with Medicaid cases?
This is probably the single most important question you can ask. If they don’t deal with Medicaid cases on a regular basis, run. It’s a complicated process that requires someone with lots of experience. The best qualified attorney will immediately be able to tell you whether or not you have grounds and should proceed with an application .
What kind of fees do you charge?
You want them to explain the fee schedule for all the services they provide, so there are no surprises. Is it a flat rate or hourly, do they charge extra for phone calls, what’s included, etc. Also ask if they offer payment plans or sliding scale fees.
Do you have any success stories you could share?
Sometimes you can glean a lot from hearing about the experience of someone else in a similar position to yours. An attorney that handles only Medicaid cases may have lots of success stories to tell, and be more than willing to share them.
Advantages of a Local Elder Law Attorney
Hiring a local elder law attorney who is well-versed in the particular laws of your specific state can help to ensure that you and your family are best positioned to receive the financial support for which you are eligible. For example, North Carolina has very specific Medicaid rules that differ from those of Virginia and of South Carolina . A comprehensive estate plan should include long-term care planning, and determining what that plan will look like requires experience and deep knowledge of government programs and how to best access benefits for you and your family. Surgeons are trained differently than primary care physicians, and so too are attorneys. Elder law attorneys have an intimate working knowledge of how programs operate and how to best make them work for you.