Understanding elder law

An elder law attorney can help guide important financial, health, and living decisions for your loved one
Elder law

As our loved ones get older, it’s common for issues surrounding their health, finances, and living situations to converge and create challenges.

Perhaps your loved one needs to transition to a care facility and you’re unsure about how to pay for it, or what facility is best. Or perhaps the person you’re caring for is struggling with their finances and needs you or someone else to become a primary decision maker. These are situations in which it’s beneficial to meet with an elder law attorney.

Cynthia Letsch, managing attorney at Letsch Law Firm in Grimes, Iowa, helps guide older adults and their caregivers through these issues every day. She highlights the top reasons for starting a relationship with an elder law attorney.

HEALTH CARE EDUCATION

Though the offerings of elder law attorneys vary, most will be able to provide legal advice about Medicare, Medicaid, disability care decisions, and other age-related health concerns.

“The biggest reason to get an elder law attorney is to get the education about things like how Medicaid works, what funding sources are available, how the program works for married people, etc.,” Letsch says.

POWER OF ATTORNEY

Power of attorney, which essentially appoints an individual to act on another’s behalf, is a subject that should be discussed as early as possible, before it is actually needed. A caregiver with power of attorney has the authority to handle finances and other legal matters. It is best if the loved one agrees to the transition before health issues make it more difficult.

ESTATE PLANNING

Determining where a loved one should live, what care they require, the cost and how it will be covered, and what happens to any previous residence, can be incredibly stressful on caregivers. An elder law attorney can help guide you through the estate planning process. It’s important to note, Letsch says, that estate planning attorneys alone often don’t have the elderlaw knowledge needed to give the best advice in these situations.

ASSET PROTECTION

An elder law attorney will work to protect the assets of you or your loved one and ensure you use them as effectively as possible, in coordination with the benefits you or your loved one qualify for.

RECOVERING FROM CRISIS

Though it’s best to consult with an elder law attorney early to prepare for you or your loved one’s future, a medical emergency can hasten important decisions. When that happens, it’s essential to have expert guidance.

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Caregiving