When Should you consult an elder law attorney?

The senior populace in the United States is expected to grow significantly in coming decades. With this increase in senior population, the legal needs of older adults have been given more attention, leading to the creation of a specialized field of law called elder law. The elder law attorneys at Frank & Kraft in Indianapolis explain what elder law is and when it may be beneficial to seek the advice of an elder law attorney. The Indianapolis attorneys at

Frank & Kraft

explain what elder law encompasses and when it may be beneficial to seek the advice of an elder law attorney.

What Is Elder Law?

Elder law is a relatively new area of legal practice focusing on the needs of older adults and their caregivers. Legal issues affecting seniors are not new. However, the field of elder law emerged in the 1980s when the legal profession began to recognize the unique challenges that aging individuals face. Organizations such as the National Academy of Elder Law Attorneys (NAELA) and the National Elder Law Foundation were established to support this specialized practice.

Unlike other legal specialties that focus on a specific type of case, elder law addresses a variety of issues as they relate to the senior population. An elder law attorney may assist with anything from age discrimination cases to guardianship petitions or financial planning for long-term care.

• When Should You Consult an Elder Law Attorney?Elder law attorneys offer support and solutions for a variety of legal issues faced by seniors and their families. Their knowledge of the complex laws and programs affecting older adults will ensure that you are protected and prepared for your future. Elder law attorneys are often consulted in situations that involve aging or planning. Some common scenarios where an elder law attorney’s expertise can be invaluable include:
• Incapacity Planning: Preparing for potential incapacity is a critical component of planning for the future. An elder law lawyer can help you create documents that allow trusted individuals to make important decisions for you if you are unable to. A Financial Power of Attorney gives someone the authority to manage your finances, while a Healthcare Power of Attorney lets another person make medical decisions on your behalf. Medicaid eligibility can be difficult due to strict asset and income limits. An elder law attorney can help protect your assets while ensuring you meet Medicaid eligibility requirements through careful planning.
• Estate Planning: Estate planning for seniors often involves more than creating a Will or trust. Elder law attorneys address issues specific to aging, such as drafting advance directives like Living Wills, which outline your wishes for medical treatment if you are unable to communicate them in the future.
• Guardianship and Conservatorship: If an elderly loved one becomes unable to manage their affairs due to mental or physical incapacity, guardianship or conservatorship may be necessary to protect them. An elder law attorney can guide you through the legal process of obtaining guardianship or conservatorship, which often involves court proceedings and judicial approval.
• Addressing Elder Abuse and Exploitation: Elder abuse, whether physical, emotional, or financial, is a growing problem in the U.S. An elder law attorney can help you take legal action to protect an older adult from abuse, including petitioning for guardianship or pursuing civil remedies against the abuser.
• Retirement and Social Security Issues: An elder law attorney can assist with navigating Social Security benefits, retirement plans, IRAs, or 401(k)s to ensure you maximize your benefits. They can also provide representation if disputes arise regarding eligibility or benefit amounts.
• Veterans’ Benefits: Military veterans and their spouses may qualify for health care, pensions, or other benefits through the Department of Veterans Affairs (VA). For more information, join us at an upcoming FREE seminar. Call the Indianapolis elder law attorneys,

Frank & Kraft

, to schedule an appointment if you have any elder law concerns or questions. Read More! Latest Posts by Paul A. Kraft Estate Planning Attorney (see all)