Specifically, an elder law attorney can help in a number of areas and with numerous issues, including the following:
- Guardianship, Proxies, Power of Attorney (both Financial and Clinical)
- Healthcare Surrogates and Proxies
- Planning for things like Long-term Care, enrollment in Medicare and other programs, Medicaid applications, and Miller trusts (also called Qualified Income Trusts)
- Durable Power of Attorney and other such legal matters
- Healthcare Surrogates and Decision Makers
- Special accounts and trusts for people with disabilities
- Revocable and Irrevocable trusts
- Issues stemming from elderly abuse, neglect and exploitation
For a full list of issues we cover and services we provide, you can check out the Scott Counsel homepage.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
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you at least have a basic of idea of what a trust in general is—something you set up in order to provide for those you love when you no longer are able to, or to keep your assets safe, right? An irrevocable trust is just as easy to understand.
alk about probate a lot, and just like everything else, it can be a little too much to deal with. So, what if you don’t want to deal with any of that? Is there a way for you to avoid it altogether?
Dying is a part of life that can be tough on everyone involved—both individually and as a family unit. And while that might seem like the toughest part of losing a loved one, sometimes what comes after can be just as tiring and overwhelming, if not more so. So, if it’s up to you to take care of your loved one’s affairs, the tips in this article are for you. Let’s get started.
burned out in the process. After all, if we are rundown or sick ourselves, we can’t provide the best care possible to those who may be counting on us.
You might be reading this and wondering when would be the right time to speak with an elder law attorney, or perhaps if you even need to speak with someone to begin with. The truth is that if you are put in a position to be in charge of a loved one’s property or other things, it may be a good idea to consider speaking with an elder law attorney before either you, your spouse, or parents make any large transfers of property. Some times that you might consider getting advice from an elder law professional include:
Getting older is a challenge in and of itself, let alone having to think about possibilities like nursing homes or long-term care centers. Add everything together and it can be overwhelming what you have to remember and make note of. It’s possible you could be wondering just exactly what rights you have in a nursing home that’s been certified by Medicaid or Medicare, and remember that you do have rights and protections under both federal and state laws. These laws work together to ensure you get the care and services you need, and there are numerous rights and protections. However, our focus now is on to protect a resident’s funds.
We’ve talked a lot about probate in previous articles, but you may still be foggy on how the probate process deals with things like social security, pensions, or even Veteran Affairs. We want to get you the answers you need, so let’s get started!
n fact, they are not the same things; there are some key differences between the two, so let’s take a look at them now:
Oftentimes when we think of social workers, images of those who work to get children out of unsafe or less than ideal conditions may pop into our heads. But it isn’t only children that social workers assist. No, in fact, there are social workers who specialize in the field of the elderly population as well.
The period of time right before and right after someone passes away is one of the most chaotic times someone might personally experience. Making matters worse is the fact that no one’s business is ever in perfect order. Add to that the fact that those left behind often have to handle the fallout without having all the necessary information and it becomes a perfect storm of unfortunately normal and never easy.
In most all cases, Medicare Part B DOES NOT cover any type of adult day care. It will, however, cover some of the services the adult day care provides, though normally in limited circumstances. Medicare Part B covers mental health treatments that have been prescribed by a physician and provided by an outpatient mental health facility. If that place also happens to be an adult day care center, the patient will have the added benefit of those types of services while also receiving mental health treatments. You should be aware that Medicare will only cover care if said care involves actual medical treatment—like administration and monitoring of medication, treatment to recover from a medical crisis, or either individual or group psychotherapy.
that someone lives in his or her own residence as long as possible as they get older. Specifically, it means that an elder is at a time in life when he or she can have the things they need in life while still keeping the same quality of daily life. That distinction is vital, since many seniors might be mistaken thinking that aging in place will fix things that cannot be fixed simply by staying home.
Many people all over the country take advantage of the benefits that Medicaid provides for them. However, those same people may not even fully understand all of the benefits they are receiving or can receive, exactly what Medicaid covers, or they may lack a general understanding of Medicaid overall.
temporarily absent from the facility.
A Continuing Care Retirement Community is a type of retirement community in the U.S. where a variety of care needs can be met within the community—from independent living, assisted living, or even skilled nursing care. While there are many benefits to living in such a community, one of the downsides is the rather great financial cost. An individual could expect to pay anywhere in the range of $20,000 up to $500,000 just in entrance fees—though the exact figure depends on whether you actually purchase the unit.
At Scott Counsel, we pride ourselves on our extensive knowledge of difficult subjects, such as Medicaid, for example. It can be incredibly mind-boggling to try and understand when you already have so much on your mind as it is. So, we want you to know that what you think you know about Medicaid exclusion gifts and how they relate to the Medicaid look back period could be wrong.
We all want to be remembered. It is an innate desire in each and every one of us. When our time comes, we would like to think we will have left behind something of value. We want to leave a positive mark on society and give our family and friends a legacy to remember us by. One of the ways we can do that is through outlining our final wishes in a will or through estate planning and leaving specific things to specific people. At Scott Counsel, we value legacies. We are a law firm committed to helping you and your family preserve all of the good things—material and immaterial—that are left behind.
dents’ rooms or any other common areas? If there is, warning bells should be going off, and red flags should be raised if the overall cleanliness of the facility itself doesn’t match the standards you would set for your own home, take caution. If you wouldn’t let yourself be cared for here, it probably isn’t the best place for your loved one either.
We all would like to think that Medicaid will be there for us without question if we happen to need it later on in life. However, there is something called a Medicaid Look Back period that can potentially affect your eligibility to receive Medicaid benefits.
When trying to plan out the care of an elderly loved one, numerous things can come up that need to be taken into consideration. For now, let’s look at some of the questions you should ask, and some of the differences between home care and care at assisted living facilities and nursing homes.