Do you know what elderly law is? It is a legal practice in the United States that deals with matters affecting senior citizens. The main purpose is to prepare the aging adult for autonomy and financial freedom through proper long-term care options and proper financial planning. There are different types of Elderly Law which include:

  • Law dealing with elder abuse
  • Conservatorship or guardianship decisions
  • Long-term care options
  • Estate planning and settlement
  • Disability and special needs law

However, most people assume that elderly law should only be of concern to people who have “complex” life situations such as disabilities or special needs, a spouse that’s in a second marriage, adult children who are financially reckless, or a high-value estate. Seniors need to familiarize themselves with these laws and get a lawyer when they may require one to protect their assets and themselves in case some misfortune befalls them in the future.

Attorneys who focus their legal practice on elder law take a holistic approach when working with seniors and their family members, they help them navigate these legal matters and connect them to social workers, psychologists, and health workers to ensure their last golden days are comfortable.

Types of elder laws

  1. Law dealing with elder abuse

Senior persons, unfortunately, are prone to personal or financial abuse. Financial abuse can range from social security fraud, that is – a person may continue receiving benefits even after the death of the elderly person, or someone steals their assets. This can also occur through the durable power of attorney, where they may wrongfully make the person change their will or give their assets away. A specialized litigation company like Shally Chung LLC helps senior citizens to recover their assets.

Law concerning conservatorship and guardianship: If an elderly person becomes incapacitated and did not put in an advance medical directive or a durable power of attorney, a friend, family member, or a stranger may go to court to petition for their guardian or conservator on their behalf.

  1. Long-term care options

This law focuses on the options an elderly person will use to live safely when they can’t take care of themselves. These include assisted living facilities or nursing homes and long-term health insurance. In a case where one opts for Medicaid planning, this service involves repositioning and transfer of assets to qualify the senior for Medicaid nursing home benefits. For veterans who are seniors, the U.S government provides long-term health care.

  1. Estate planning and settlement

This ensures that when the elderly person dies there will be someone to oversee their final wishes are carried out and who receives their properties after they die. Disability planning and estate planning are essential to avoid probate and minimize estate taxes and to protect beneficiaries from bad decisions and outside influence.

Probate is a legal process supervised by the court for settlement of the deceased estate, and it may or may not be necessary depending on how your assets are titled at the time of death. This process can be stressful and emotional; Sally Chung LLC has the best probate lawyers who help families protect their assets.

  1. Disability and special needs

In an event where an elderly person will be mentally or physically incapacitated, the law will focus on the support systems that the elderly person put in place to protect themselves. Some important legal documents need to be prepared in case of such a scenario;

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