Elder Law
Legal issues for the elderly can be complicated. Seniors can face legal issues such as:
- Estate planning services.
- Planning for retirement
- Getting Social Security benefits
- Medicare planning.
- Planning for long-term care.
- Pension benefits issues.
- Nursing home and in-home caregiver planning.
- Legal and health-care planning.
- Issues of neglect and abuse
Elder abuse can take many forms. Abuse is not always physical, it can also be financial.
Physical elder abuse is the neglect, exploitation or mistreatment of anyone who is 65 or older. Elder abuse can include physical violence, psychological abuse, abandonment, neglect or the unlawful taking of a senior’s money or property. Sometimes this abuse is perpetrated by an in-home caregiver, but abuse can also occur in a licensed long-term care facility, such as a nursing home. If a loved has been harmed by a caregiver or at a nursing facility, contact Klun immediately to discuss your legal options.
Document Before Undergoing Medical Care
Power Of Attorneys
An individual can also set up a Power of Attorney document which allows an agent to make financial and legal decisions if the individual becomes incapacitated. In choosing an agent, the agent will have the authority to make medical decisions in the event the individual is unable to make such decisions for him or herself. The agent should be a family member or friend that the principal trusts to follow his or her instructions.
Once the health care proxy is drawn up, the agent should keep the original document. The principal should have a copy and the principal's physician should keep a copy with that individual's medical records.
If you are interested in having a health care proxy or Power of Attorney document drawn up, contact Klun today. We are skilled and experienced in elder law matters.
Guardianship and Conservatorships
When there is concern over an individual who may have physical or mental disabilities and his or her ability to make decisions. Guardianship's is a legal arrangement where a guardian, appointed by a court, has the legal right and duty to care for another, referred to as a ward, due to the ward’s inability to legal act on his or her own behalf due to minority or mental or physical incapacity.
A conservatorship is similar to guardianship, except that the conservator who has been appointed by the court has powers and duties over the incapacitated person’s estate. A conservator is given legal authority by a court to handle the financial affairs of an individual who is unable to manage his or her own finances, usually due to a medical condition such as a developmental disability, dementia, brain injury or stroke. Conservators have a fiduciary duty to manage the protected person’s estate.
Our Minnesota Attorneys can assist you with filing a petition with the court under Minnesota Statute 524.5 and represent you in the court hearing. Call Klun Law today if you need assistance planning for conservatorship or guardianship.
Social Security Benefits
Applying for and receiving social security benefits can be a complicated process, filled with lots of paperwork. Additionally, timing when to apply for benefits can be crucial as well as to how long and how much money you will receive in benefits payments.
Social security benefits are not just available to retirees. Benefits are also available to individuals who have become disabled and are unable to work. Applying for Social “Security Disability Benefits can be a difficult process to navigate including requirements that the applicant prove they are disabled. At Klun, we can assist with the initial application, appeals for denials and representation at hearings.
There are a number of Social Security Benefits issues we can assist with, including:
- Social Secuity Disability (SSDI) claims.
- Supplemental Security Income (SSI) claims.
- Social Security Appeals.
Health Care Proxy
A health care proxy ensures that instructions given regarding medical treatment are followed when an individual becomes incapacitated. This allows the individual to have an agent have the legal authority to communicate that person’s wishes concerning medical treatment.
Living Wills
A living will is a document that gives instructions regarding treatment if the individual becomes terminally ill or is in a persistent vegetative state and is unable to communicate his or her own instructions. The living will states under what condition life-sustaining treatment should be terminated.
An individual can also set up a Power of Attorney document which allows an agent to make financial and legal decisions if the individual becomes incapacitated. In choosing an agent, the agent will have the authority to make medical decisions in the event the individual is unable to make such decisions for him or herself. The agent should be a family member or friend that the principal trusts to follow his or her instructions.
Once the health care proxy is drawn up, the agent should keep the original document. The principal should have a copy and the principal's physician should keep a copy with that individual's medical records.
If you are interested in having a health care proxy or Power of Attorney document drawn up, contact Klun today. We are skilled and experienced in elder law matters.
Issues regarding elder law are challenging. At Klun Law our Minnesota Attorneys can handle these matters with respect and dignity. Call us today if you need assistance with an elder law issue.