Elder LAw FAQ's

Elder law is an area of law where attorney specialize in issues that specifically impact those planning for retirement and aging.  Common issues that fall under elder law include estate planning, Medicare, Medicaid, disability, guardianship, conservatorship, Social Security benefits, retirement planning and elder abuse.

Families that are planning for aging parents reaching retirement age may seek the advice of an elder law attorney to help set up documents, such as wills and trusts, health care directives, power of attorney and other planning documents.

Guardianship is a legal arrangement where a guardian is appointed by the court.  Guardians have the legal right and duty to care for anther due to an individual’s inability to legally act on his or her own behalf.  The most common reason for a guardianship is for a child.

A court appointed guardian has the authority to make decisions for the minor includes where to live, medical decisions, training and education.  Guardians make personal decisions for the person over which they have guardianship.

Conservatorship allows a third party to have the authority, given by the court, to handle the financial affairs of an individual who cannot manage his or her own finances.  This typically occurs due to a medical issue that causes in capacity.  Conservators have a fiduciary duty.  The best way to avoid a conservatorship is for an older person to prepare a durable power of attorney prior to a health crisis occurs.

Conservatorships can be time-consuming a well as experience because they require ongoing assistance of an attorney and checking in with the court.  Additionally, these court proceedings are typical a matter of public record.  An elder law attorney can help put together documents for a conservatorship and a plan to prepare for such events.

In order to qualify for Social Security benefits, an individual must have worked for the required number of quarters.  Individuals are required to work for 40 quarters to be fully insured for benefits.  Individuals can retire as early as 62.

There are many financial factors that go into deciding when to apply for Social Security benefits.  Typically, the longer you wait to claim benefits the larger the benefit amount will be.  Contact an elder law attorney before applying for benefits to crunch the numbers before getting benefits.

Trying to find a nursing home or other assisted living facility for a family member is a big decision.  Families should do some research before choosing a facility.  The first factor to determine is what level of care is required for your loved one.  Facilities offer different levels of care.  A nursing home is the right choice for a family member who needs daily medical care.  However, a retirement community might be a better choice for an individual who can at least partially care for themselves.  Next, families should find out whether the facility has Medicare or Medicaid certification which can make a financial difference.

An elder law attorney can help you and your family research facilities and provide advice regarding what steps to take when a loved one needs to additional care.  Elder law attorneys can also assist in helping figure out the finances to try to get in home care as well.

Elder abuse is physical abuse, neglect or a deprivation of care that causes physical harm, pain or mental suffering.  Abuse can take place in a nursing home or assisted living facility but also by an in-home caregiver or family member responsible for care.

Abuse can be penalized in a civil or criminal manner.  Family members can use for neglect and abuse and recover compensatory and punitive damages as well as court costs and attorney’s fees from the caregiver.  Additionally, criminal charges can be filed by the district attorney against those that abuse the elderly.

Medicare is health insurance, through the federal government, for people over the age of 65 years.  Medicare has four parts.  Part A is hospital insurance.  Part B is medical insurance.  Part C is Medicare Advantage Plans.  Part D is Prescription Drug Coverage.
Medicare sometimes rejects claims by individuals and there is an appeals process if that an elder law attorney can assist with.

Medicaid provides health and medical services to low income individuals and families.  The program is federal but each state, including Minnesota, has its own requirements with regarding to income limits.