Justice with an Elder Law Attorney

Law affects every public life stage and process of our lives. But when we reach a certain age, some circumstances and individuals may begin to take advantage of one’s lack of experience with the legal system and the protection it can equally provide for the elderly. An elder law attorney utilizes areas of probate and family law to protect the interest that become greater concerns as we age. There is no reason to assume that elderly individuals can not continue to care for themselves, manage their finances, and keep up with taxes, benefits, and property, until medically or legally determined otherwise. During both of these stages of an older couple or single person’s life, it becomes beneficial to have a specialized legal advocate on your side.

An elder law attorney is a necessity in the lives of older individuals who are dealing with life altering uncertainties among family members, with their finances and with time they have left with their partner. The number one question that many older men and women have is in regards to how their spouse, children, or grandchildren will be looked after and receives the allotted inheritance in his or her absence. They may have taken ill or experienced a debilitating injury that requires extended hospital stay, hospice or a senior living facility stay. One has to legally ensure the transfer of ownership of property and finances to a trusted family member or legal advisor, for bills and daily expenses. Long-term care acquires its own expenses in the form of facility costs, any surgeries, therapy, and nurse’s fees.

On the one hand, probate law affects estate planning for which the elder law attorney can also provide assistance with proper legal documentation and account guardianship. There is also the matter of the transference of ownership of their home, bank accounts, and other personal valuables. This is when a will and trusts set up prior to any form of incapacitation. Many of the above mentioned property issues make use of attorney presence when mental competency, guardianship rights, and contesting of the will come in to play. This is why the proper documentation and signing of a legally binding will and trust secures one’s estate beyond medical, gift and property tax debts in the here after.

Further, another form of legal protection the elder law attorney can provide is living financial planning and rights protection. At this stage in life, many individuals may be laid off work or voluntarily retired. However, difficulties may still arise in the form of disability and retirement benefits being withdrawn and one is therefore struggling to meet expenses. There are also occasional issues with custody battles after a child has passed away. One’s attorney can fight for grandparent’s rights to visit with and influence the proper raising of the children. There are many ways that the legal system can protect the men and women who may feel as if they no longer have a voice, as long as someone is standing up with them to fight for what is just.