Elder Law Basics

WHAT IS

ELDER LAW? Elder Law Is not Just for the Elderly or Seniors

Learn More About Elder Law, What are Its Issues, and Why You Need to Worry About Elder Law

CATHERINE HAMMOND COLORADO ELDER LAW ATTORNEY

http://www.coloradoestateplan.com/estate_planning/index.php/elder-law/

What Is Elder Law? www.coloradoestateplan.com 2

If you haven’t encountered the term before, hearing attorneys talk about “elder

law” can leave you wanting to know more. What is elder law? What does an

elder law attorney do? Who needs to worry

about elder law?

Essentially, elder law is not a single area of the

law, but rather a collection of topics and issues

that most commonly affect elderly people.

However, the issues that elder law attorneys

deal with aren’t exclusive to seniors or the

elderly, but can affect almost anyone at any

time. Elder law attorneys specialize in these

topics because they most commonly affect

people as they age.

ELDER LAW ATTORNEYS DON’T DO EVERYTHING

It’s important to point out that not all elder law attorneys specialize in the same

topics. Some attorneys might focus exclusively on estate planning, while others

might focus more on probate or financial planning.

Further, just because you are elderly doesn’t mean you need an elder law

attorney if you are confronted with a legal issue or have a legal question. For

example, if you want to know what kind of contract you need to create in order

to buy or sell a business, or have been charged with a traffic violation, an elder

law attorney probably isn’t the right attorney for your needs. In these situations



you’ll need to talk to an attorney who specializes in business contracts, or one

who specializes in criminal defense.

ELDER LAW TOPICS

While elder law attorneys are not right for every situation that confronts an

elderly person. They are specialists who deal with numerous types of problems

that seniors most commonly encounter. Whether it’s addressing a problem that

has happened to you or a family member, or developing plans against the

possibility of future problems arising, there are several specific topics that elder

law attorneys help people with.

Incapacity Planning

No one likes to think about the possibility that they might one day fall ill, and

we definitely don’t like to

think of what might happen

to us if we lose our ability to

make choices. But the

possibility that this could

happen to you is a very real

one, and dealing with it is

something elder law

attorneys help people do by

creating incapacity plans. By using powers of attorney, medical directives, and

other tools, your elder law lawyer can help you make sure that you are

prepared should you lose your ability to make your own choices.



Estate Planning

All of us die, and the choices we make while we are alive can affect our

families as they deal with our deaths and manage their grief. Estate planning

is about dealing with all the issues that affect you and your family after you

die. Whether it’s developing an inheritance plan, or creating a gift-giving

strategy that you can use while you are alive to help your estate avoid estate

taxes, elder law attorneys can guide you through creating an estate plan that

meets your needs.

Probate

The legal process surrounding the transfer of property after a person dies is

called probate. Dealing with probate once a relative has died, or creating a

plan that helps your estate avoid probate is something elder law attorneys

routinely handle. They can also help you deal with probate courts if, for

example, an elderly relative has become incapacitated and requires someone

to look out after his or her needs.

Long-Term Care

A lot of seniors need more help than their families can give them as they age.

A majority of people over the age of 65 will need to transfer to a nursing

home or assisted living facility at some point in their lives. The cost of these

facilities increases every year, and dealing with those costs can be difficult.

Elder law attorneys can help people develop a plan that will address long-term

care costs. Whether you plan on using Medicaid to pay for your nursing home

costs, or want to investigate private long-term care insurance, elder law



attorneys specialize in matching your needs with the best options available to

you.

Financial Planning

Apart from retirement planning or ensuring that you have saved enough for

your sunset years, elder law attorneys can help you develop a plan that will

delegate your financial responsibilities to others should the need arise. There

are a lot of people out there who are looking for senior citizens they can take

advantage of because they believe seniors are easy targets. In many

situations elderly people can fall victim to financial scams or cons if they don’t

take the right precautions. An elder law attorney can help you develop trusts,

powers of attorney, and other tools that can protect your assets from those

seeking to take advantage of you.

Elder abuse

It’s unfortunate, but more and more seniors are being subjected to various

types of abuse as the percentage of elderly people increases every year. Elder

law attorneys know

how to help seniors

who have been the

victims of elder

abuse, no matter

the circumstances

under which that

abuse occurred.



Whether it’s physical, financial, or emotional abuse, elder law attorneys

provide confidential advice to seniors and their family members dealing with

the devastating effects of elder abuse.

QUESTIONS, ANSWERS, AND ADVICE

Of course, no amount of reading or research will ever be an adequate substitute

for the advice an experienced elder law attorney can give you. If you have any

questions about the law, are concerned about yourself or an elderly family

member, or just need to get a better idea of what legal issues might face you as

you age, scheduling an appointment to speak to an lawyer in your area is your

best option. Waiting too long to think about these issues can often be

detrimental. Planning ahead and being ready for what the future holds is always

better than trying to deal with a difficult situation after it occurs.



About the Author

Catherine Hammond

As an attorney in private practice in Colorado, Catherine Hammond provides

extensive estate and tax planning services to individuals and businesses. Ms. Hammond’s primary focus is protecting families from the devastating legal effects of disability and death. She is passionate about helping people to pass

on their legacies by creating comprehensive, values-based estate plans which minimize taxes, costs and government interference. Ms. Hammond will take the time to get to know you as individuals, to learn about your life and values, and work closely with you

through an ongoing relationship to ensure your personal and financial goals are met as your life and the laws change over the years.

Ms. Hammond combines a background in business with a wide range of legal and personal

experience to provide her clients with a uniquely practical perspective. An attorney since

1993, she now devotes her practice exclusively to estate and legacy planning. Ms. Hammond

also offers educational seminars on a variety of estate planning topics to both the general

public and private groups, and has taught courses on estate planning and taxation at Colorado

Technical University.

Ms. Hammond learned firsthand the effects of failing to plan when her mother developed

early-onset Alzheimer’s Disease without any planning documents in place, requiring her to

endure the living probate of her mother’s estate. Through that heart-wrenching experience

she determined to help others avoid the added devastation of a complicated and expensive

legal process by obtaining a law degree and devoting her practice to estate planning.

Hammond Law Group, LLC

www.coloradoestateplan.com

Kissing Camels Office Park

2955 Professional Place, Ste 300

Colorado Springs, CO 80904

Phone: (719) 520-1474

[email protected]

7807 East Peakview Avenue

Centennial, CO 80111

Phone: (303) 736-6060


http://www.coloradoestateplan.com/

mailto:[email protected]

Elder Law Basics

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