As we age, we face a unique set of legal, health, and financial challenges that require specialized expertise and planning. Failure to prepare by creating a comprehensive plan can result in your wishes not being fulfilled or your financial and health needs being unmet. Many people simply do not know where to start or whom to contact.
The Nolan Law Office is conveniently located in Town and Country and is committed to helping you plan for the future to ensure that you or a loved one receive the care and protection needed as they advance in years. We will help you make informed decisions so that you have the assurance that you are protected in the event of a health crisis, disability or ultimate passing. Contact us today at (314) 725-1880 to schedule a Free 15 minute consultation and to discuss your situation and your needs.
Understanding the concept of Elder Law
Elder law addresses the specific needs and concerns of seniors. It encompasses various legal issues, including estate planning, Medicaid planning, long-term care, guardianship, and elder abuse prevention.
- Estate Planning. Comprehensive estate plans, including wills, trusts, and powers of attorney, ensure your assets are distributed according to your wishes and help your heirs and beneficiaries avoid long delays caused by probate and legal challenges.
- Medicaid Planning. Seniors should plan for long-term care needs by developing strategies to qualify for Medicaid benefits while preserving assets for loved ones – waiting to do so means you could forgo these benefits.
- Long-Term Care. Families should consider all long-term care options, including nursing home care, assisted living, and home care to facilitate the transition when the time comes.
- Guardianship and Conservatorship. In cases where seniors are unable to make decisions for themselves, having established guardianships or conservatorships might be necessary to protect your interests.
- Healthcare Decision-Making. Healthcare decisions, especially those in our late years or end of life, are decisions we want to be able to make for ourselves, and in case of incapacity for any reason, advance healthcare directives can make sure your medical preferences are respected.
- Elder Abuse and Financial Exploitation. Seniors are a vulnerable group who are targeted for physical, mental, and emotional abuse and financial exploitation, and making yourself aware of these abuses can help you identify harm and take action to hold wrongdoers accountable.
At the Nolan Law Office, we will help you tailor solutions to protect the rights, assets, and health of yourself or an aging loved one.
Important Laws Affecting an Aging Population
Elder law is influenced by various federal and state laws. Three specific federal laws that in part are very relevant to the needs and concerns of seniors include:
- Elder Justice Act, which addresses the abuse, neglect, and exploitation of older adults.
- Older Americans Act (OAA), which supports essential services and programs for seniors, including nutrition assistance, caregiver support, and elder abuse prevention
- Social Security Act, which provides retirement benefits and disability insurance for eligible seniors, ensuring financial security during retirement
- Medicaid and Medicare, which provides health insurance and long-term care coverage for seniors, depending on their eligibility and specific needs
At Nolan Law Office, our elder law lawyer will help you understand these laws specifically as well as state laws that have a direct impact on what and how seniors should prepare for their futures.
Do you need estate planning?
You do not have to be older to start planning your estate – in fact, we recommend that you start sooner rather than later. Estate planning includes things like drafting or updating wills and trusts, establishing powers of attorney for healthcare and finances, planning for the distribution of assets, and minimizing estate taxes. The elements of any given estate plan depend on the person, their wants and needs, and their estate.
Do you need Medicaid planning?
Medicaid planning is a legal and financial strategy aimed at helping individuals or families qualify for Medicaid, a federal and state government assistance program that provides healthcare coverage to certain individuals. This planning is typically sought by people facing the high costs of long-term care, such as nursing home expenses. While Medicaid is designed to help, eligibility criteria can be complex, and individuals may need to plan carefully and structure assets to qualify without depleting all resources.
Do you need long-term care planning?
Planning for long-term care is a critical aspect of financial and healthcare planning, and it's generally advisable to start considering it well before the need arises. Long-term care planning can involve nursing home care, long-term care insurance options, and the development of strategies to protect assets while ensuring quality care.
Has an immediate family member become incapacitated?
Old age can lead to diminished mental capacity, or physical incapacity due to severe physical illness or disability. When disability is severe, an individual may not be able to care for themselves or handle their own health and financial matters. This situation may lead another individual, like a family member or an organization, to seek legal authority (through guardianship or conservatorship) so that they can make decisions on behalf of the incapacitated or vulnerable elderly individual.
Do you have Social Security and retirement benefits?
It is always good to get smart legal advice on Social Security benefits, including disability and retirement benefits, and to address issues related to pensions and retirement accounts as part of a comprehensive plan for when you retire from the workforce.
Have you or a loved one experienced any kind of abuse or neglect?
According to the National Council on Aging, approximately one in ten Americans over the age of 60 has experienced some form of elder abuse – this is just one of many alarming statistics. Our elder law attorney knows how to handle elder abuse cases. Legal action may be taken against care facilities, family members, friends of the family, caregivers in the home, or whoever is inflicting the abuse or neglecting the elderly individual.
Have you or a loved one experienced financial exploitation?
Financial exploitation of the elderly is significant. Being proactive and consulting with our elder law attorney can (1) help you identify red flags and (2) plan your finances and protect your assets. If you experience financial exploitation or fraud, our elder law attorney can take the appropriate legal action.
Do you or a family member have special needs?
Whether it is you with a special need (e.g., disability or mental health issue) or a child (minor or adult child) with a special need, proper planning can help make sure you or your loved ones are protected. What that protection means, however, depends on the unique circumstances of your situation. Like all things with elder law, it is best to prepare now rather than later when it might be too late.
Do you have real estate?
If you have real estate, then estate planning is particularly important. You do not have to wait until you are old and retiring before making an estate plan. In fact, you shouldn't wait. Part of elder law is handling property transactions, like selling or transferring real property. Depending on your circumstances, a real estate sale might be best while in other circumstances, placing the property in a trust might be best. These things may also influence your Medicaid eligibility.
Do you have specific end-of-life preferences?
Speaking with your healthcare provider is important in terms of specific end-of-life decisions, like Do Not Resuscitate (DNR), Do Not Intubate (DNI), and Allow Natural Death (AND) orders reflect your values and wishes. At Nolan Law Office, our elder law attorney can help, too, by providing guidance on advance healthcare directives and living wills. We can also assist with the administration of estates after a person passes away.
Why Our Office?
At the Nolan Law Office, we are committed to each of our clients. All of us age and certainly none of us are getting any younger, We know the importance of good advance planning so that when you are retired, you can retire with the knowledge that your legal, health and financial matters are in order.
Contact us Today
At the Nolan Law Office, we are committed to providing comprehensive legal guidance, personalized solutions, and strong advocacy for seniors and their families. Contact our elder law attorney in Missouri today by calling our office at (314) 725-1880 or filling out the online form. We will schedule a Free 15 minute consultation so that you can secure the care and protection you deserve during your golden years.
