ELDER LAW BASICSCOMMON ISSUES, QUESTIONS AND ANSWERS

ELDER LAW

What does elder law cover?

Elder law is not a single area of the law

Rather, it’s a collection of issues that most commonly affect elderly

people and their families

ESTATE PLANNING/ESTATE ADMINISTRATION

What is an estate?1

Your ESTATE is the property you leave behind after you die

ESTATE PLANNING involves making choices about what you want to happen to that property

while ESTATE ADMINISTRATION is the process of managing someone’s

estate after that person dies or becomes incapacitated

ESTATE TAXES

Do I need to worry about estate or inheritance taxes?2

Probably not, but it’s possible

You can structure your estate to minimize any potential tax

issues that might apply

ELDER ABUSE

Can I protect myself from someone who wants to take advantage of me

when I’m older?3

YES

You can develop a plan that will protect you and your interests

You can also speak to an elder law attorney if you suspect that you

or a loved one has been victimized

INCAPACITY PLANNING

What happens if you become incapacitated?4

An incapacity plan will address who manages your affairs when you’re not able to do so yourself

It will also allow you to express your medical wishes

OTHER ISSUES

What else is covered under elder law?5

Age discrimination lawsuits, Medicaid planning, Medicare issues, Veterans

benefits, retirement and long-term care planning, guardianships, and more are

all common elder law issues that people have to deal with

ELDERLY AND NON-ELDERLY ALIKE

Who should talk to an elder law attorney?6

Any elderly person who has thought about the future but who hasn’t taken the time to talk to an elder law lawyer should do

so as soon as possible

MANY ELDER LAW ISSUES ARE TIME-SENSITIVE, requiring you to act as soon as possible

Anyone worried about an elderly family member’s health or legal well-being

should also take the time to talk to an ELDER LAW ATTORNEY

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