A lawyer for seniors helps elderly individuals and their families plan for healthcare, retirement, long-term care, and other medical and home care benefits. The lawyer also helps draft and review decision-making documents, such as wills and business takeovers. Moreover, they also guide multiple legal issues to senior citizens and individuals with disabilities.
What Are the Roles and Responsibilities of a Lawyer for Seniors?
A lawyer for seniors can help with a long list of legal matters in the United States that includes the following responsibilities.
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Transfer and Preservation of Assets
The lawyer can help the senior citizens analyze a ‘look back period of their assets, such as a Medicaid period, to ensure they are eligible to apply for the benefits. The professionals also help with asset protection to enable a surviving spouse to live independently and prevent the state authorities from seeking reimbursements for healthcare costs.
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Social Security
Social security holds the utmost significance for senior citizens and the lawyer ensures their rights are protected at any cost. That is why attorneys help individuals appeal medical claims, appeals, supplemental insurance, and other long-term claims enforceable by law.
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Estate and Disability Planning
A lawyer for seniors also assists individuals in drafting, moderating, and reviewing legal wills and powers of attorney for living trusts, health, and financial needs. They also help access healthcare facilities in medical institutions and long-term care placements according to state or federal laws.
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Property Administration
A lawyer for seniors helps individuals to analyze property details, such as estate administration, which includes taxes, debt payments, and distribution of assets and property to the heirs. They also cover elderly abuse and other fraud recovery cases.
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Conservatorship and Guardianship
The lawyer ensures to get a conservatorship or guardianship for senior citizens who may be mentally or physically incapacitated. It enables a loved one of the older adults to have complete or limited control over medical decisions, finances, and other significant responsibilities. All lawyers for seniors are well-versed in housing discrimination and health laws, making it easier for them to handle cases related to senior citizens.
When Should I Hire a Lawyer for Seniors?
An individual must consider hiring a lawyer for seniors if the following applies to them.
- If the individual or any of their loved ones is over 60 years old.
- If either the individual or a loved one is incapacitated, disabled, or diagnosed with a disability that requires assistance with healthcare planning.
- If an individual wants to know the options for public benefits, such as medical aid, health insurance, social security, retirement programs, etc.
What is the Fee of a Lawyer for Seniors?
A lawyer for seniors tells what legal services they can offer and the associated fees to the client after an initial consultation. They may charge the fees depending on an hourly rate or as a flat payment.
The lawyer reportedly charges $350 to $650 an hour for the guardianship or the appointment of a guardian for senior individuals. Moreover, they charge $250 to $350 an hour to draft wills and other administrative documents.
Key Terms Related to a Lawyer for Seniors
The elderly laws in the United States are complicated and often require legal assistance. That is why it is recommended that the concerned individuals understand the key terms related to them.
Here is a glossary of terms related to a lawyer for seniors.
- Administrator: An individual who administers an individual’s estate if the latter dies without a will.
- Ancillary Probate: It refers to the proceedings in a particular state other than the one in which the descendant was a resident before death.
- Assignment: It is the transfer of property to another person, irrespective of whether it is real or personal.
- Bar Association: is an association of attorneys whose primary purpose is their overall improvement and delivery of justice.
- Beneficiary: An individual entitled to inherit property or receive the benefits mentioned in a will.
- Bequest: It is a gift presented to a person according to a particular will.
- Elder Law: It is a broad category of multidisciplinary practices in legal terms that focus on meeting the requirements of senior citizens.
- Estate: An individual’s property and assets, including real estate, bank accounts, investments, etc.
- Guardian: An individual appointed by law or according to a will to look after minor children or senior citizens.
- Living Trust: A trust set up and in action during the lifetime of a particular grantor.
- Trust: A legal document that manages personal or real property belonging to a particular person.
- Will: is a legal document that directs which individual will inherit the property or assets after the owner’s death.
- Beneficiary: An individual who receives inheritance through a will. Anyone you leave your property or assets to in your will is one of your beneficiaries.
- Bequest: It is one of the significant provisions in a will, which means a person leaves the property or assets to someone else
- Bequeath: This specific word is used in the will when you transfer your assets to your beneficiary.
- Heir: An individual who inherits your properties and business assets. An individual’s children and spouse will be the first to inherit their property. One of their relatives may take over the property if they do not have a spouse or a child.
- Interstate: An individual dies without a will or any other legal document.
- Issue: It describes your direct descendants like children or grandchildren.
- Executor: An individual who distributes a person’s estate according to the will after you pass. Sometimes, a female executor is also called an executrix.
- Probate: is the legal process through which the court examines and approves the terms of your will.
Conclusion
Senior citizens must know the basic rights that will help them enjoy benefits related to retirement, medical care, insurance plans, etc. However, not everyone may be well-versed in the rights or understand their legal complications. That is why it is advisable to approach a lawyer for seniors to handle such matters.
If you are looking for a lawyer for seniors who are experienced in the associated laws, Contracts Counsel is your answer. Visit the official website, post a project, and get legal assistance in no time.