Legal counsel for the elderly
As we grow older, we all face new challenges in health, well-being and planning for the future, and these challenges have legal ramifications. Because of this, legal counsel for the elderly is a specialized field requiring particular knowledge and skills. Applying for Medicaid, protection from elder abuse and neglect, enforcement of medical care directives — there are many potential needs that you can have as you grow older. Knowledgeable legal counsel can help you with them.
Let us take the time to consider a few relevant aspects of legal counsel for the elderly.
Medicaid qualification and asset preservation
If you are applying for Medicaid, you will want to be able to protect as many of your assets as possible. One rule you should be aware of is that if you make any gift in the five years before you apply for Medicaid, a sanction will be imposed when you apply. An elder law attorney can tell you when to apply for Medicaid and what assets you can transfer. This attorney can also help you gain the most benefit from the rules of Medicaid.
Financial and health care powers of attorney
Suppose you want to name someone who will have the power to make financial decisions on your behalf if you ever lose the ability to make those decisions yourself. This is called financial power of attorney, and it is very important in protecting real estate and other assets. A lawyer who knows how can help you get the language right when designating this person, so that your decision will hold up in court if necessary.
Health care power of attorney is similar to financial power of attorney. In this case, it means naming someone to make decisions for you regarding your health care. A part of this is enforcing a living will — a stated desire not to be kept artificially alive under certain circumstances.
Other parts of estate planning
Making out your will is the most important step you can take to ensure that your assets are transferred and distributed as you wish after your death. A lawyer can help make sure your will is clear and consistent.
If you are planning your own estate or applying for Medicaid, you will also want to know about revocable and irrevocable trusts. An attorney can explain the difference between these trusts, their uses and how they can benefit you and your family.
The probate process
Once you’ve made out your will, your work is done — but the work of legal counsel for the elderly is just beginning. If your estate is larger than a certain size, any of your assets not in a trust will go through the probate process, in which the court determines the validity of the will and any creditors you may have come forward. A probate attorney can protect your interests through this process.
Legal counsel for the elderly in Charlotte NC
You will need a specialist who lives not too far away and is an expert in the laws of your state. Robert C. Whitt, attorney at law, has been practicing law for over 40 years in Mount Holly, NC. Robert C. Whitt, Charlotte attorney, servicing the areas of Charlotte, Gastonia Mount Holly and Gaston, Mecklenburg, Lincoln Counties and surrounding communities. He specializes in those fields of law that particularly affect the elderly, and he keeps his clients informed at every step of the legal process. Thousands of people have benefited from his expertise. If you need legal counsel for the elderly, call today.