Saturday, June 22, 2013

The Basic Features Of Elder Law

By Liz Phillip


Elder law is used in the United States as a legal term, referring to the legal practice focused on issues related to aging people. The three main categories for this law: estate planning and administration; Medicaid, disability and long-term care programs; and conservatorship, guardianship and commitment matters. Elder law planning is crucial, and widely recommended, for the aging population.

There are several other important issues that fall under this categorization, such as: trusts; protection against fraud, neglect and abuse; wills; end-of-life planning; retirement planning; mortgage and real estate assistance; Social Security benefits. As individuals grow older in age, they are faced with many different obstacles that can prove emotionally and financially draining. Numerous businesses are available to help individuals plan their future.

Former President of the United States Lyndon B. Johnson signed the Older Americans Act, OAA, in 1965. This was done the same year Medicare was formed. The inception of OAA led to the creation of Administration on Aging, AOA, a division of the Department of Health and Human Services. These are the developments that led to similar services and programs focused on older people.

This type of planning is crucial when it comes to improving quality at the end of life. As people grow old, they are usually more dependent on aid of others. However, it is recommended that a person make sure he or she is as prepared as possible for what is to come. Medical treatments, as well as residential care, can be extremely expensive. This is especially true for those who do not have a working income and rely on government services. Money that is put aside for retirement and emergencies is usually spent quickly with the rates of care nowadays.

Estate planning specifically refers to anticipating and arranging the disposal of estates. The term coincides with elder law, which also involves long-term care and similar provisions. People die, this is a reality that may be uncomfortable to think about but is important to make plans for.

Beneficiaries may be unable to receive what is left to them, if a person does not do proper planning. This may be because of unnecessary taxes, administration costs, or fighting among heirs. Estate planning is crucial, regardless of how small an estate is. It guarantees that the property will be given to the people to which it is intended. Furthermore, it can help individuals save on taxes, attorney fees and court costs. Loved ones are able to mourn the loss of a person without being burdened with the stresses related to financial confusions.

These types of plans must include, as a bare minimum: a power of attorney and will. The attorney is the professional assigned to manage a property while people are still alive, particularly when they cannot do it themselves. Wills are beneficial post-death, as they help with management and distribution of property as it was assigned.

It is important for all aging individuals to work with professionals for elder law and estate planning. These can eliminate unforeseen stresses that come with old age and even death. Regardless of how much or how little a person has, successful planning has the best intentions for the aging individual.




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