Frequently Asked Questions About Elder Law
What is elder law?
Elder law constitutes a distinct legal specialty dedicated to addressing the requirements and obstacles of older individuals. It covers a wide range of issues, all aimed at safeguarding older adults’ rights, well-being, and financial security.
What do elder law attorneys do?
They assist with estate planning, provide Medicaid planning, protect against elder abuse, and help with guardianship and conservatorship.
Why is elder law important?
Elder law offers protection and advocacy for the elderly population. It recognizes that older individuals face unique legal challenges and strives to safeguard their rights, assets, and well-being.
What is Medicare?
A federal act to provide hospital and medical insurance for the aged under the Social Security Act.
What is the difference between elder law and estate planning?
An estate plan primarily focuses on managing and distributing a person’s assets and property upon their death; elder law addresses legal issues related to the elderly, such as healthcare, long-term care, guardianship, and protection of seniors’ rights and finances during their lifetime. Estate planning is often a component of elder law, but elder law encompasses a broader range of legal matters concerning aging individuals.
What is a Life Plan?
A Life Plan is a comprehensive plan that outlines an individual’s goals, aspirations, and arrangements for their future, including financial, healthcare, and personal decisions. This plan may encompass retirement, estate planning, healthcare preferences, and long-term care arrangements. It is a proactive approach to ensure one’s wishes and needs are met as one ages or faces potential incapacitation.
What is a Protection Plan?
A Protection Plan is a legal strategy or arrangement designed to protect an individual’s interests, assets, or well-being in situations where they may be vulnerable or at risk, such as in cases of abuse, neglect, or exploitation. It involves steps to safeguard the individual’s rights and ensure their safety and welfare, often through legal processes such as guardianship or conservatorship.
What is the difference between Guardianship and Conservatorship?
Guardianship relates to personal and healthcare decisions for an incapacitated person. Conservatorship deals with financial matters and the management of their assets.
What is the difference between Medicare and Medicaid?
Medicare is a federal health insurance program in the United States primarily for individuals aged 65 and older and some younger individuals with specific disabilities. It provides coverage for hospital care (Part A) and medical services (Part B), with optional coverage for prescription drugs (Part D). Conversely, Medicaid is a joint federal and state program that provides healthcare coverage to low-income individuals and families. Eligibility and benefits vary by state based on income and other criteria. Medicaid covers a broader range of healthcare services, including doctor visits, hospital care, long-term care, and prescription drugs.
