The Main Elements Regarding Elder Law

By Bill Matson


Elder law is a term used in the United States that refers to the legal practice that is centered on issues as they relate to the aging population. The three key elements of the law: Long-term care programs, including disability and Medicaid; administration and estate planning; and guardianship, commitment matters and conservatorship. Elder law planning is extremely beneficial and recommended to older individuals.

There are several other important issues that fall under this categorization, such as: trusts; protection against fraud, neglect and abuse; wills; end-of-life planning; retirement planning; mortgage and real estate assistance; Social Security benefits. As individuals grow older in age, they are faced with many different obstacles that can prove emotionally and financially draining. Numerous businesses are available to help individuals plan their future.

Former President of the United States Lyndon B. Johnson signed the Older Americans Act, OAA, in 1965. This was done the same year Medicare was formed. The inception of OAA led to the creation of Administration on Aging, AOA, a division of the Department of Health and Human Services. These are the developments that led to similar services and programs focused on older people.

This type of planning is crucial when it comes to improving quality at the end of life. As people grow old, they are usually more dependent on aid of others. However, it is recommended that a person make sure he or she is as prepared as possible for what is to come. Medical treatments, as well as residential care, can be extremely expensive. This is especially true for those who do not have a working income and rely on government services. Money that is put aside for retirement and emergencies is usually spent quickly with the rates of care nowadays.

Estate planning specifically refers to anticipating and arranging the disposal of estates. The term coincides with elder law, which also involves long-term care and similar provisions. People die, this is a reality that may be uncomfortable to think about but is important to make plans for.

Beneficiaries may be unable to receive what is left to them, if a person does not do proper planning. This may be because of unnecessary taxes, administration costs, or fighting among heirs. Estate planning is crucial, regardless of how small an estate is. It guarantees that the property will be given to the people to which it is intended. Furthermore, it can help individuals save on taxes, attorney fees and court costs. Loved ones are able to mourn the loss of a person without being burdened with the stresses related to financial confusions.

All such plans should have, at a minimum, two main elements: a will and a durable power of attorney. The attorney helps manage the property while persons are still living, if they are unable to do it themselves. The will is beneficial after death, managing and distributing the property as preferred.

All older individuals should work closely with professionals to handle elder law, as well as estate planning. Doing this can help eliminate stresses and other troubles that can occur in old age and following death. It does not matter how little a person has financially, proper planning is always for the best.




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