An elder law attorney can be a trusted advisor and an advocate for you and your aging parents.
An Elder Law Attorney handles a variety of legal issues an elderly person faces including matters related to estate planning, planning for long term care, health care, Medicare/Medicaid, Social Security, retirement, guardianship, and other important issues. In other words, elder law lawyers not only handle important estate planning and financial matters, but they can also assist with planning for and helping with day-to-day issues that affect the care of the elderly, such as life planning and assisted living.
It is essential to understand your parents need to be involved in the conversation. Unfortunately, if your parents are part of the fiercely independent, “bootstrap it” population, they probably do not want to discuss any matters regarding finances and, often, in denial about health issues. It is important to understand; this scenario is a perfect example of “a stitch in time saves nine.” Lacking proper documentation and base planning, you may find yourself in court in a guardianship proceeding. This regularly costs thousands of dollars and can take weeks or months to be established. In the meantime, you may not be able to access necessary funds to cover your parent’s expenses or talk to medical professionals.
An introductory conversation with you, your parent(s) and an elder law attorney can provide some general strategies pertinent to your parents’ specific situation. The meeting can also allow mis – or dis – information to be cleared up. Many times, parents are hesitant to do anything because they have heard terrible stories that happened to friends or friends of friends. Elder Law Attorney, RG Skadberg will meet with you all for this initial consultation free of charge.
Some of the specific ways that an elder law lawyer can help you plan for your parents’ care include the following:
- They can draft a durable power of attorney. A durable power of attorney allows your elderly parent to appoint a trusted friend or relative, to handle certain legal, health, and financial responsibilities.
- They can assist with health care and health care planning including: (a) advocating for patient and nursing home rights; (b) helping to determine options for long term care; (c) dealing with issues related to Medicare; and (d) assisting with the creation of a health care power of attorney or living will, which are documents that allow your parent to grant a trusted person the authority to make medical and end-of-life care decisions on their behalf.
- An elder law attorney can also help you locate long term care facilities and/or help you figure out assisted living costs.
- Elder law attorneys can work with your financial advisor. This allows a plan to cover all the bases and make sure everyone is on the same page. This may include plans to structure and protect assets so that long-term care or nursing home options are more feasible, housing plans and opportunities, and estate, gift, and income tax matters.
- Elder law attorneys can help you select and appoint a legal guardian for your parent and can help you decide whether the guardian will be authorized to make financial, legal, and health care decisions for your parent. Guardianship situations occur when your parent becomes incapacitated to the point that they are no longer able to take care of their own affairs.
Valparaiso Elder Law & Estate Planning Lawyers
Elder law issues can be complicated, and the need for experienced and dedicated elder law lawyers is increasing along with the elderly population. Planning for the long-term care of your elderly parent can be stressful, confusing, and even emotional. That’s why it is important to consult with an experienced Indiana Elder Law and Estate Planning Lawyer when trying to decide what’s best for your parent as they grow older. Our attorneys take the time to listen to your parent’s particular needs, can advise them of any options they might have, and can help draft any legal documents that clearly reflect their intentions. Call our knowledgeable Indiana Elder Law and Estate Planning Lawyers at Carr, Chelovich, Skadberg, & Kazmierczak, LLC today at (219) 200-3902 or fill out the form provided on our website and schedule your free consultation.
About the author
Founder/Attorney, CCSK Law
I create customized solutions for families to address their planning needs.
I provide plans clients understand. Also, they make sure they know when to use them, and do so affordably. I love the opportunity to break through the legal jargon to clarify issues. We find success when we work through a person’s situation and put the law to work for them.