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When Should I Hire An Elder Law Attorney [5 Valid Reasons]

If you’re confused about elder law attorneys, don’t worry! This blog is the answer to all your questions. An elder law attorney is someone who helps and protects older citizens and their family’s rights legally. 

While the age at which you might need their services varies, it’s generally a good idea to consider hiring one between the ages of 60 to 65. They can assist both older individuals and their families in various situations. 

This guide will highlight specific situations that indicate when hiring an elder law attorney might be necessary. These reasons will help you figure out if you need an attorney’s help now or if you can wait a bit longer. Let’s dive in!

Why Do You Need To Hire An Elder Law Attorney?

Elder law attorneys are legal professionals who have practiced in the area that helps older people and their families. These attorneys assist elderly individuals and their families in issues like retirement plans, Medicaid planning, estate planning, and so forth. 

If you are approaching retirement age or have an elderly family member, hiring an elder law attorney is highly advisable. These attorneys can offer legal advice, considering your financial situation and health-related considerations. 

They can help you create a will, set up a trust, and help decide who will be in charge of your estate if you’re not well enough to make a decision. You can check out more reasons to hire an elder law attorney below.

5 Valid Reasons To Hire Elder Law Attorney 

Here are 5 possible reasons why hiring an elder law attorney is necessary. If you think you meet any of the conditions mentioned below, you can contact our law firm, CPT (California, Probate and Trust PC), for a free consultation. 

1. Medicaid Planning and Eligibility

Medicaid, in simple terms, is a national health insurance program in the USA. It’s for citizens who don’t have sufficient household income, including older citizens. As per research, 7.2 million low-income seniors are enrolled in the Medicaid programs. 

However, to get Medicaid aid, the citizen must meet specific criteria, and that’s the part an attorney can help. An elder law attorney can help navigate the complexities of Medicaid eligibility, ensuring that older citizens get access to this vital health insurance program. 

2. Estate Planning and Asset Protection

Next, you should hire an elder law attorney if you want to go for estate planning and assets protection. It’s important to decide what will happen to your estate after your death or in your life if you cannot manage your business due to health reasons. 

An elder law attorney can provide valuable assistance in creating a comprehensive estate plan according to your specific needs. They can guide you about the options you’ve, like making a will, creating a trust and so forth. 

3. Long-Term Care Planning

Long-term care planning is important for older people. The planning includes what will happen to you after your retirement, which old age home you will go to and what facilities you would want at that part of your life. 

This may seem like a small decision, but it matters a lot after retirement. Engaging in long-term care planning with an elder law attorney allows you to take control of these aspects, ensuring you get the support and care you desire in your later years.

4. Guardianship and Conservatorship

Guardianship grants authority to an individual to make day-to-day decisions for the ward. Conservatorship enables someone to manage the financial needs of an elder. These legal authorities come into play when an elder becomes incapable of making decisions. 

In such cases, the court determines who will assume the roles of guardianship and conservatorship for the elder. An elder law attorney plays a crucial role in assisting family members through this process, guiding them in filing the necessary petitions to court. 

5. Elder Abuse Case 

It’s unfortunate but a harsh reality that some individuals attempt to exploit and scam elders. If an elder from your family has faced a similar situation, you shouldn’t wait anymore and contact an elder law attorney. 

An elder law attorney specializes in addressing cases of elder abuse, providing essential legal support and guidance. They can help in taking action legally to protect the rights and well-being of elderly individuals who have fallen victim to abuse or scams.

When Should I Hire An Elder Law Attorney: Conclusion

The primary reason you should hire an elder law attorney is when you’re nearing retirement age or when someone in your family is contemplating retirement. With the help of an elder law attorney, elderly individuals can easily make decisions related to their later years.

Elder law attorneys provide legal help in estate planning, creating a will, establishing trusts, and transferring power of attorney rights. You can even decide which nursing home is the best option for you and what facilities you need with long-term care planning.

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Dustin MacFarlane’s primary focus is on Elder Law and protecting families and seniors. He is a Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Specialization — a rare distinction.

Prior to becoming an attorney, Mr. MacFarlane worked in the Long Term Care industry. After becoming licensed to practice law in January of 2009, Elder Law quickly became his focus. Seeing the need during his former career, Mr. MacFarlane pursued Elder Law as a primary area of practice.

By Dustin MacFarlane

Dustin MacFarlane’s primary focus is on Elder Law and protecting families and seniors. He is a Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Specialization — a rare distinction.

Prior to becoming an attorney, Mr. MacFarlane worked in the Long Term Care industry. After becoming licensed to practice law in January of 2009, Elder Law quickly became his focus. Seeing the need during his former career, Mr. MacFarlane pursued Elder Law as a primary area of practice.