Exploring the Legal Needs of Seniors
Many seniors in Monterey have legal concerns that come with planning for the future and passing on their assets and wealth. As issues continue to arise, it is best for seniors to be prepared for any situation that may come up. It has been suggested that seniors take time to review their estate plans to ensure that they are up to date since changes in the family and the law may result in their estate plan no longer being suitable. Wills and trusts can help with the transition of assets and property to heirs and other beneficiaries . In some cases, certain relatives may want to obtain guardianship, either over the estate or the person, when individuals become incapacitated. If relatives of seniors in Monterey believe their loved ones are vulnerable to financial abuse as a result of their age and health, and are taking advantage of them, conservatorship may be sought by the relatives. Conservatorship involves obtaining the authority to oversee the estate and finances of individuals who are incapable of doing so.
The Role of Estate Planning
Estate planning is an important aspect of not only preserving your assets, but making sure that your affairs are taken care of as you age. Through the use of a variety of legal tools, you can create a plan that is right for you. By working with an experienced elder law attorney, you will better understand many of these tools, including:
Wills and Trusts
The creation of a will or trust is essential to ensure that your wishes are carried out. A good estate planning attorney will help you decide which disposition process is right for you. A will specifies who will receive your assets when you pass away. It will also provide information about the trust, guardianship and other issues that may be important to you. While there are many issues that can be included in a California will, this type of testamentary document will likely not protect your assets if you are ever diagnosed with a terminal illness or become incompetent to address your own affairs. While a trust can be designed in such a way as to still control the distribution of your assets if you are ill, it can also protect those assets from creditors and predators should you need to enter a nursing home or be under the threat of a lawsuit.
Powers of Attorney
A power of attorney is a document that designates who can address your affairs in the event that you become incapacitated. It is more common for married people to designate their spouse as their attorney-in-fact, but you are free to choose any responsible person to serve in this capacity. A good elder law attorney will use this opportunity to discuss the importance of healthcare directives with you. A healthcare directive is also called a Power of Attorney for Health Care. A power of attorney for healthcare allows the person you designate to make health care decisions on your behalf should you ever become unable to do so yourself. This document also allows you to express certain treatment or care preferences. For example, you can state that you do not want to be resuscitated in the event you suffer a cardiac event. Alternatively, you can decide that you want to be kept alive by artificial means in the event that you are in a persistent vegetative state with no chance of recovery.
All About Elder Law Services
Elder law is a specialized area of the law that involves legal planning and litigation affecting senior citizens and their families. It has kept pace with the explosion of services for seniors brought about by the longevity revolution and the awareness of the increasing complexity of situations developing as we age.
An elder law attorney handles a variety of areas, such as estate planning, Medicaid, retirement and Social Security concerns, and long-term planning for health care. The attorney advocates on matters pertaining to seniors, such as guardianship and conservatorship of the person and the estate, elder abuse law, consumer issues, adult protection, and disability rights. They also rely on a network of contacts in the community, which may include financial planners, geriatric care managers, accountants, and physicians specializing in geriatric medicine.
Guardianships and Conservatorships
They are in essence the same as a Trust in order to protect seniors (and others) from unscrupulous actions of others. These matters typically happen when someone is forgetful, incompetent, sometimes under the influence of bad actors, and their assets are misapproriated; your loved one can then have their day in court to determine if guardianship is necessary to protect them. A petition for Guardianship of the person can be filed by someone other than the proposed conservator or conservatee. A hearing may be held where a determination on guardianship may be made. A conservator is appointed when it is determined that an individual is not competent to handle their own affairs. Usually , a Petition is filed on behalf of the person that may need assistance in handling their day to day affairs. The judge in the Probate Court determines if a conservator is needed, and if so, who will be the conservator. Some people may have a Will that leaves everything to one child, but the Will may also appoint an alternate to manage their needs if they lose their mental faculties. The persons named in the Will can get appointed as an alternate even though they were not the first choice. Guardianship and Conservatorship are very important legal procedures for the protection of seniors (and others) to ensure that their financial and personal needs are met when they are no longer able to make decisions themselves.
Navigating Medicare and Medicaid
Legal services can also assist seniors with Medicare and Medicaid issues. Since almost everyone who is eligible for Social Security is also eligible for Medicare, many seniors apply for both at the same time. Medicare has a number of options available and can be very confusing for seniors. The majority of Medicare services, including preventive and medically necessary services, are covered by Part A and Part B. Seniors can pay an additional fee to enroll in part C, which provides coverage through a managed care private insurance plan. Part D of Medicare provides prescription drug coverage. Seniors may qualify for additional assistance with medical costs if they are eligible for SSI or Medicaid.
Medicaid provides seniors with qualifying low income the opportunity to receive health coverage and generally covers a wide range of medical services and care, including preventative care, budgeted outpatient services and in-patient hospital stays. Federal authorities manage Medicaid. Medicaid assistance can also include the provision of long-term care services to seniors, either through hospitalization or through community services.
Some legal services organizations can help seniors with Medicaid applications and represent them if an application is denied. Legal services providers can help seniors who are applying for benefits or need assistance appealing a denial. While seniors may apply for Medicaid on their own, many will find that it is helpful to have legal assistance in obtaining benefits.
Selecting Legal Services
The choice for legal representation should never fall short of nothing less than comprehensive care. For a senior navigating the complexities of Medi-Cal issues, guardianships, estate planning, or trusts, the selection of a law firm in Monterey becomes critical. In addition to comprehensive services, a law firm – or the family law attorney – should demonstrate a deep understanding of elder abuse and elder fraud, often requiring a subtle yet steadfast hand when representing clients with diminished capacity. The complexity of these circumstances requires not only a comprehensive understanding of family law , but also probate law. This is why the selection of an elder law attorney is pivotal.
The right law firm should be dedicated to elder law, possessing demonstrable experience when working with seniors and their families. A probate and elder law attorney should not only be qualified and experienced in elder law, but also specialize in this growing field. This ensures that your legal representation maintains a continuing knowledge of changes and challenges in California law that affect seniors.
When working with you, the trusted Monterey probate lawyer and elder law expert will understand the sensitive nature of these discussions, in addition to recognizing the severe lack of planning that often occurs until much too late.