Understanding Eldercare Legalities: What You Need to Know for Senior Care

The National Council on Aging's (NCOA) sources differ, but one recent study they've found says that one in five older adults reported elder abuse during the COVID-19 pandemic. It's disheartening, but this needs to be discussed.

Avoiding elder abuse makes properly vetting assisted living centers vital. Ensuring the staff won't harm your loved ones is an important part of elder care planning.

However, you must know about eldercare legalities. People's needs change as they age, so understanding the legal rights of elderly adults is helpful when planning long-term care.

We have plenty to cover in this elder law guide. Read on to learn more about laws for senior living and the various legal issues in senior care.

What Is Elder Law?

Elder Law is the legal practice addressing and protecting the needs and rights of the elderly and people with disabilities. There are a wide range of legal issues in eldercare, including:

• Estate planning
  • Wills, trusts, and probate laws
    • Probate laws determine how an estate is split upon death
    • These laws differ from state to state
• Health care
  • Includes health management and long-term care planning
  • Also includes end-of-life-care
• Legal capacity
  • Referring to surrogate decision-making and guardianship
• Housing issues
• Tax law
• Public benefits
  • Including Medicare and Social Security
• Elder abuse
  
  • Including:
    • Physical abuse
    • Emotional abuse
    • Financial abuse
    • Neglect

It's rare to see an attorney practice in all these areas. You're likelier to find an elder law attorney working in a single area. For example, your mom may need an estate planning attorney to help arrange a trust.

Something to note is that older adults aren't the only ones who may benefit from an elder law attorney. You don't have to be elderly to do estate planning -- it's advised not to wait until you're elderly.

Special needs planning is a form of estate planning that ensures people with disabilities can continue to receive government benefits. It's for people whose parents and guardians can no longer care for them.

Say your parents are helping care for you due to a disability that hinders your ability to work. However, they're moving into assisted living.

You and your parents want to make the transition into their new community less stressful. Special needs planning allows them to transfer assets to you during their lifetime with little stress.

All this said, "elderly" is generally accepted to mean "65 years old." 65 is often accepted as near retirement age and is when you can start receiving Medicare benefits.

Why Would Your Parents Need an Elder Law Attorney?

Older adults often face urgent issues like housing issues, financial complications, and health problems like cognitive decline. These attorneys help protect the legal rights of the elderly.

They protect their assets, aid with elder care planning, and ensure loved ones abide by their wishes during their lifetime or after. One of an elder law attorney's most important functions is offering advice.

These lawyer's expertise is invaluable and can help you make informed decisions alongside or on behalf of your loved one. Moving into assisted living communities is helpful but complex and expensive.

You and your family want to be able to navigate the senior care legal aspects of long-term aid. For example, they can help you find ways to defray costs and draft a power of attorney for your parents.

Remember -- hire an elder law attorney before transitioning to assisted living. Various things should ideally be done before your loved ones move into their new home.

The assisted living community will likely be your parents' permanent home. They'll need to focus finances on ensuring their stay. They won't want the stress and financial burden of handling legal aspects while there.

Choosing the Right Elder Law Attorney

We alluded to this before, but part of choosing the right elder law attorney is picking someone specializing in the field you need help in. Don't choose a Social Security lawyer if you need estate planning aid.

Research the type of attorney you need online. Check their websites and read client testimonials. They should have their credentials on their websites, so remember to check them.

Consider asking people you know who've used elder law attorneys for their advice. Perhaps they can tell you about good lawyers. You can try social media, like Facebook, to find competent lawyers.

Pay attention to positive feedback regardless of how you search for legal aid. Take note of complaints about lack of communication and hidden fees.

You should also check their years of experience. Look for someone who has successfully handled various elder abuse, estate planning, or long-term care planning cases.

Don't hire someone who can't or won't answer questions. It means they're unwilling to communicate or may not be skilled at their occupation.

Don't be afraid to call or visit your chosen lawyer. Many elder care attorneys offer free consultations and resources to educate people on their options. Here are a few questions you may want to ask:

• Can my loved one sign documents even with dementia?
  • The answer depends on the progression of their dementia
  • If they have cognitive capacity at the time of signing
• What documents do I need?
  • Trust agreement
  • Last will and testament
  • Health care directions
  • Client-specific power of attorney
    • These must detail long-term elder care planning provisions
• What is the greatest threat to my loved one's financial security?
• Are you a certified specialist?

These are not all the recommended questions -- here's the complete list -- but they will help you get started.

Navigating Eldercare Legalities

Navigating eldercare legalities can be difficult and complex. There are various laws for senior living, going into one's twilight years blind isn't advised, it's best to be prepared for legal issues in elder care.

Walker Place Assisted Living cannot offer legal aid, but we can make the transition from one home to the next easier for you and your loved ones. We believe in individualized care for each boarder.

You can trust that we'll nurture physical, mental, and emotional health. Residents can enjoy a myriad of activities and have access to 24-hour staff assistance.

Contact us if you're ready to make the change to assisted living. Our staff is standing by waiting to answer any questions or concerns.