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Elder Law Attorney—Areas of Focus by Richard Conard
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Elder Law Attorney—Areas of Focus |
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Law
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Elder law is a broad area of law but generally speaking it can include any legal issue that an older adult and their family are facing. An elder law attorney in Red Bank may cover one or more particular areas of law. When looking for this type of lawyer make sure that they practice the specific experience you need. These attorneys should also have some knowledge of the elder network, which means that they should be able to show you private and public agencies that can assist you. Focus areas of an elder attorney • Estate planning—when an elder law attorney Toms River deals with estate planning it involves the preparation of documents that are necessary to pass your estate to your beneficiaries or heirs. It generally involves preparing a trust agreement or will. The purpose of estate planning is to avoid probate and real estate tax along with ensuring that the assets go to the people you want to have them, which can often be done using a living trust. • Probate—this is the method used to process the estate of a person who has died and involves gathering all the assets of the estate, paying off any debts, and distributing what is left to the heirs. Although it is a time consuming process, it is also useful. • Medicaid planning—if an elderly member of the family can no longer stay at home and no family member agrees to take care of them most will go into a nursing home. It is expensive and is only covered by Medicare for a set period of time and will only cover certain things. If there is no money or assets to pay for the care it will sometimes be paid by Medicaid. When talking to an elder lawyer in Red Bank they can help with Medicaid planning so the elderly member can get the best possible care without worrying how to pay for it. • Advance directives—these are the documents that state what a person would like done if they cannot make the decisions themselves. The one that is most commonly used is called the Durable Powers of Attorney. This advance directive will allow an individual to name someone who can make financial and/or health decisions for them when they are unable to do so. An elder law attorney in New Jersey can help with filling out this form correctly. • Guardianship—if an elderly person does not have an advance directive and needs someone to make decisions for them the court will appoint someone to do this. They are referred to as the guardian. These are just some of the many areas that an elder law attorney New Jersey focuses on.
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