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Elder law is a type of law that deals with the unique legal needs of older adults. As we live longer and healthier lives, more and more people are finding themselves in need of elder law services. Whether it's help with estate planning, long-term care planning, or navigating the Medicare system, an elder law attorney can provide invaluable assistance.
Elder law attorneys focus on issues such as retirement planning, asset preservation, long-term care planning, and government benefits. They also help clients prepare for the possibility of diminished capacity by creating documents such as powers of attorney and advance directives. In short, elder law is all about helping seniors and their families navigate the complexities of aging.
Everyone's situation is different, and there is no one-size-fits-all answer to this question. However, there are certain situations in which hiring an elder law attorney is a good idea. Here are some examples:
One of the most common reasons people seek out elder law services is because they need help with estate planning. An elder law attorney can help you create a comprehensive estate plan that includes a will, trusts, Powers of Attorney, and advance directives such as a DNR order or living will to ensure your wishes are carried out.
If you have concerns about a loved one’s ability to take care of themselves or their finances, you may want to consider filing for guardianship. This process can be complicated, so it’s best to work with an experienced elder law attorney who can guide you through every step of the process.
As we get older, we may find ourselves in need of long-term care services. This could be due to declining health or a disability. If you're considering long-term care options, an elder law attorney can help you understand your rights and options under the law.
Long-term nursing care is nursing care that is needed on a long-term basis. This can be due to a chronic illness, disability, or cognitive impairment.
As you might suspect, long-term nursing care is expensive – averaging more than $400 per day in Massachusetts. Many people mistakenly believe that the cost for long term nursing care will be covered by Medicare. It’s important to know that neither Medicare Part A nor Medicare Part B covers long-term nursing care.
However, if you are a Massachusetts resident and over age 65, you may qualify for help paying for long-term nursing care through the state’s Medicaid program, administered through MassHealth.
MassHealth will cover the cost of long-term nursing care if you meet certain eligibility requirements. These requirements include being a Massachusetts resident, being age 65 or older (or under age 65 and blind or disabled), meeting income and asset guidelines, and requiring nursing facility level of care as determined by a physician.
You can learn more about MassHealth eligibility for people over age 65 on the MassHealth website.
Qualifying for MassHealth benefits to help cover the cost of long-term nursing care is a complex process – and mistakes are costly. We can help you and your family navigate the process and protect as much income and assets for spouses and families as legally possible.
