How an Elder Law Attorney Can You Navigate the Challenges of Growing Older
There are many joys that come with age: retirement, wisdom, resilience, and relaxation, to name a few. However, when it comes to the legal details that surround some of these joys, like retirement and relaxing in one’s home, there can be some complications that can feel anything but joyful. Some common legal predicaments that our clients run into when planning out their lives include:
- The need to plan out their will and their estate – This includes planning for a minor or adult with special needs, probate proceedings, and related issues.
- The need for health care planning – This includes issues like long-term care and patient rights.
- Elderly guardianship or conservatorship – This is a situation in which the court creates a legal relationship between an individual and the elderly person who is in their care. There are specific responsibilities that come with this relationship, which an attorney can help navigate and determine.
- An elderly individual might simply need a full understanding of their legal rights, including the rights they have within a nursing home. An attorney can help explain this.
- The need to locate long-term care facilities as well as a through explanation of the financial aspects.
When you hear about complications with these situations, it can be heart-breaking. But in some cases, you might not even hear about these issues. They are out of sight and out of mind, and that is usually because those involved sought the help of an elder law attorney.
One situation where this sentiment rings true was for a situation that involved the Team at Marsden Law P.C.. Our work with our client left her very well prepared. She wanted to make sure that her family had the ability to manage her affairs if she became incapacitated, which unfortunately, she did. Our team was able to qualify her for long-term care benefits that would cover the cost of her care in the nursing home for seven years, and we were able to avoid probate on the state when she passed. The best part? She was able to leave a property worth $390,000 to her loved ones as her legacy. Had she not sought out our legal help, this case certainly could have gone in a different direction.
Below are some reasons why seeking counsel with an attorney was beneficial for her, and why it might benefit you to do the same:
- It gives you the ability to start the process early.
Starting early is one of the most important parts of successful planning in this area. This involves a lot of decision-making, but having an attorney walk you through all your options will make every step of the way easier. Some of the questions we’ll want to talk through during this time include:
- Is your current home your “forever home?” If it is, we will want to make sure we place some protections on it. If you think you might move, we will want to make some legal decisions surrounding the best way to handle that as well.
- Do you want to move some liquid assets out of your name, and can you afford to do so?
- Will you need your assets to fund future retirement needs?
- You will be able to work with a trusted, experienced advisor.
It is normal to have lots of questions arise during these processes. When these questions come up, we are immediately there to calm your fears and make sure you understand your options. We will have ongoing involvement throughout the journey and help prevent any problems you might encounter.
- You will be able to be flexible with your plans.
Our team understands that these complicated issues tend to change quite often. Family dynamics can change and your preferences and desires for your future can change as well. We will be able to shift your legal documents as needed, and make sure you stay on the path that is most advantageous to your needs.
- Your family will be able to be involved.
If you wish, your family can be an additional source of support. We are happy to collaborate with family members to create the most favorable results for our clients. In our experience, most families have the best interests of our clients in mind, and we are able to talk through the best options together. If you would like some assistance with simplifying these communications, our team will be there every step of the way.
- Legal services will help you create the best outcome possible, while preparing you for all of the possibilities that may arise.
Every step of the way, the team at Marsden Law P.C. will be here to protect your health, safety, and legal rights. One client came to us when her health was beginning to fail and she needed to plan for possible placement in a nursing facility. We were able to help her and her family arrive at a decision that made the most sense for all of their needs, and provided all the support, family visitations. meals, medications, medical care, and the opportunity to socialize with her peers with an outcome that helped our client’s family, and respected her goals and wishes.
For every negative situation you hear about involving elderly law, there are other positive outcomes that you don’t hear about because they involved careful legal counsel. Call us at (800) 828-7854 or contact us online to learn how we can help.