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Elder Law

Welcome to our elder law and estate planning section, where we focus on the legal rights and issues affecting older Americans. This free elder law advice section examines estate planning, social security, and Medicare benefits, elder abuse, assisted living options, elder incapacity, grief counseling, and funeral planning.

Elder Law Advice

Estate Planning

Estate planning is defined as the legal and financial preparation of testamentary documents that help manage and maximize a person’s financial assets in the event of their incapacity or death.

Taking the time to plan your estate will benefit you and your entire family. Yet, for most people, estate planning is one of the most overlooked areas of the law. Our estate planning and administration section explains how wills and trusts work together and how they can be later modified and revoked.

Estate planning is a complicated area of elder law. For this reason, the sooner you start planning your estate planning, the better prepared you will be later. It all begins with finding a qualified and experienced trust and estate attorney that will guide you through the process.

Social Security, Medicare, and Disability

This elder law advice section provides articles on major issues and resources related to when to claim Social Security, Medicare, and Disability.

According to the Office of Retirement and Disability Policy, nearly 70 million people currently receive some form of Social Security benefits. Yet, most people think Social Security is just a retirement program.

In truth, Social Security is much more. For example, the Social Security SSI Program provides qualified recipients with monthly payments for their disability or blindness. Social Security also pays survivor’s benefits to widowed spouses and their children.

To learn more about Social Security, you should consider joining the American Association of Retired Persons (AARP), a national and state network offering a wide range of benefits and helpful information to millions of older Americans.

Elder Abuse

This section examines the growing problem of elder abuse. Eldercare experts report that one out of every ten seniors will fall victim to either physical, emotional, financial, or sexual elder abuse.

Elder abuse is not only a serious crime; it is also the basis for bringing a civil action for damages and, in many states, the imposition of punitive damages.

If you are managing an older person’s affairs, it is strongly advised that you learn the signs of elder abuse, such as the presence of bedsores, dehydration, and unexplained bruises.

If you see such signs, be sure to report them to both the attending physician and the police. It’s also advisable to have the family contact an elder abuse attorney as early in the process as possible.

Assisted Living Options

One way of reducing the risk of elder abuse and ensuring your loved one is safely and compassionately cared for begins with finding a highly-rated assisted living facility. In our elder law helpful services and a resource section for seniors, you’ll find links to online services that screen and rate assisted living providers such as board-and-care and nursing home facilities based on their price, cleanliness, safety record and whether the facility has been cited for incidents of elder abuse or neglect.

Elder Incapacity – Power of Attorney

You will learn from our free elder law legal advice that once an older person begins to reach the state of legal incapacity, a conservator or guardian will likely be appointed by the court to make decisions relating to the person’s care, as well as their legal and financial affairs.

In truth, none of us knows when we will become seriously ill or incapacitated, nor can we fully anticipate the legal issues that might arise from such events. Therefore most elder lawyers and experienced caretakers stress the importance of preplanning by creating a living will or advanced healthcare directive.

Other forms of preplanning include legal instructions for establishing a conservatorship should one be needed and the naming of a trusted person who will serve as the conservator. Another way of preparing for possible elder mental incapacity is by establishing a durable power of attorney, which confers legal authority to another to make all necessary financial decisions if one is unable to make them for themselves.

Death and Grief Counseling

It is said that there is no greater anguish than suffering through the loss of a loved one. Whether or not we are religious, dealing with death forces us to confront our own mortality. We grope for answers as we try to emotionally process the loss.

This elder law advice section examines the different types of death grief counseling and emotional support available, such as grief counselors, psychologists, and spiritual counselors.

Funeral Homes and Burial Options

Many of us recoil at the thought of someday losing a loved one. We fear and dread the day, yet we know the shock, sadness, and grief we will experience is inevitable.

At the same time, we know that planning such a funeral is deeply personal and will require the person preparing the funeral to make difficult decisions on how best to honor and remember the loved one.

Add to this the stress of planning a funeral, and you can understand why people reach out to friends and family for help with decision-making.

This elder law section is intended to guide you through planning for a home funeral. The articles in this section will familiarize you with the funeral industry and the terminology used by funeral directors in describing their services and products to those family members who have taken on the responsibility of planning the funeral.

You will learn about cremation and above and below-ground burial options. You will find articles that explain burial and memorial options available, such as burial at sea, green burial, and space burial. We also provide a complete glossary of funeral and burial terms for your reference.

Elder Helpful Services and Products

Aging is a natural part of life. So is the need for independence and respect. This elder helpful services section connects families with services and products that help older adults remain active, engaged, and safe.

Connect with elder law online services that will help you find a residential community that meets your loved one’s medical and emotional needs.

Learn about the full range of senior care products currently available online such as medical supplies, discount pharmacies,  hearing aids, mobility equipment, safety products, personal care products, medical alerts, and safety communication systems that summon help in the event of falls and medical emergencies.

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