Elder Law and Senior Living Communities
American House Florida
For more information about the author, click to view their website: American House
Mar 16, 2023
Florida - Sarasota, Bradenton & Charlotte Counties , Florida - Southwest
Email US
Click to Email Us
There are many factors to consider when it comes to yourself or a loved one and being prepared from a legal standpoint as we age or move into Senior Living.
What is “elder law”?
There are several practices that fall under elder law. These include estate planning, asset protection, Medicaid planning, preparing for long-term care and special needs planning. Elder law attorneys help seniors navigate the legal and financial complexities of aging, which include issues such as power of attorney, guardianships, conservatorships, and probate law.
- Estate Planning
An elder law attorney specializes in a range of legal services related to estate planning, including preparing wills, trusts, health care directives and powers of attorney. An elder law attorney can help an individual understand the legal complexities of estate planning and help them make decisions that will benefit them in the long term.
- Asset Protection
An an elder law attorney provides asset protection services to help protect seniors and their families from financial harm or loss. An elder law attorney can also help seniors with asset protection strategies such as trusts and other legal documents, as well as helping them navigate the complex tax and legal regulations that govern retirement benefits such as Social Security and Medicare.
- Medicaid Planning
An elder law attorney can help seniors and their families navigate the complexities of the Medicaid system. This type of planning typically involves creating a plan to preserve assets and income while still qualifying for Medicaid benefits. This can include creating a trust, gifting assets, or transferring assets to a family member. Additionally, elder law Medicaid planning can involve the selection of an appropriate long-term care option, such as an assisted living facility or nursing home, that best meets the individual’s needs and financial situation.
- Long-term Care Planning
For long-term care planning, an elder law attorney focuses on the care and financial needs of elderly and disabled individuals. It involves creating a plan to ensure their legal and financial needs are met long-term, including things like estate planning, Medicaid planning, and creating guardianships and powers of attorney. It also involves helping families navigate the many laws and regulations related to the care of elderly and disabled individuals.
- Special Needs Planning
Elder law attorney special needs planning is a type of legal planning that focuses on providing for the needs of individuals with special needs, such as those with physical or mental impairments, developmental disabilities, or chronic health conditions. This type of planning ensures that those individuals have a secure financial future, receive the necessary services and support, and have access to appropriate accommodations. Special needs planning includes drafting documents such as wills, trusts, powers of attorney and guardianships, as well as developing strategies for addressing long-term care, government benefits, and other legal issues.
Why do I need an elder law attorney?
Elder law attorneys have experience in all the areas above, as well as helping protect seniors from individuals or family members that may be taking advantage them of by providing legal advice and representation, helping seniors understand their legal rights, and act on their behalf in court. Elder law attorneys can help seniors protect their assets, enforce their rights, and recognize potential scams.
They can also provide legal advice and representation in cases involving undue influence, financial exploitation and guardianship. In addition, elder law attorneys can help seniors set up trusts, establish power of attorney, and create advance health care directives. By having an elder law attorney on their side, seniors can be better protected from being taken advantage of by family members or scam artists.
Learn more about the benefits of an elder law attorney here.
When should I contact an elder law attorney?
At the age of 60 is when it’s suggested to see an elder law attorney. This is a great time to get all your affairs in order or protect your assets from potential lawsuits. There's even an advantage to doing this at a younger age, so you can set up an estate plan to protect your young children.
I have Power of Attorney for my parent. When does this become effective and what decisions am I able to make?
Your power of attorney (POA) becomes effective when your parent is incapacitated and can no longer make decisions on their own. When this happens, having Financial Power of Attorney would allow you to make the financial decisions on their behalf, and having health care power of attorney would allow you to make decisions related to their healthcare.
What is the difference between a medical and financial power of attorney?
A medical power of attorney is a legal document that grants an individual the authority to make medical decisions on behalf of another person in the event of their disability or incapacitation. This form of power of attorney is also known as a health care proxy or health care power of attorney.
A financial power of attorney, on the other hand, is a legal document that grants another person the authority to manage an individual’s financial and legal affairs in the event of their incapacity or disability. This form of power of attorney is also known as a durable power of attorney.
How often should I update Power of Attorney Papers?
While there isn’t a technical expiration date, it is recommended to update documents every 5 years.
My mother refuses to move into a memory care/assisted living community, but I know she needs to. What needs to be in place for this to happen?
In this situation, the only way to enforce a move would be to obtain guardianship/conservatorship over them. If they will not sign over to you willingly, you will need to obtain it through the court system. An elder law attorney can assist you with the proper steps to take to ensure your parent is getting the care they need.
- To view the original version of this article visit www.americanhouse.com/blog/elder-law-and-senior-living-communities
- Seniors Blue Book was not involved in the creation of this content.
Other Articles You May Like
Long, Successful Career Helps Philanthropist Support his Community
Jerry F. Nichols is a stellar example of continuing to work and support his community long after many have retired.At age 79, he continues to serve as full-time executive vice president of Brown & Brown Insurance and financial representative for Northwestern Mutual. Also, for many decades, Nichols has quietly set an inspiring example through philanthropy, dedicated to improving the lives of children and working adults in Southwest Florida.Combining his career success and philanthropy is something Nichols was recognized for five times by the Northwestern Mutual Financial Network. Nichols was also named a Junior Achievement Hall of Fame Laureate, which honors influential, visionary leaders who have significantly impacted the educational landscape for youth in Southwest Florida in entrepreneurship, work readiness and financial literacy.Late last year, Nichols solidified this commitment to the community by making the first major donation to Healthcare Networks capital campaign. This donation will support the construction of the nonprofit organizations planned 20,000-square-foot health center in the Orangetree area of Golden Gate Estates, ensuring essential access to affordable healthcare for the community.The Orangetree area has grown over 75% in the last several years, which makes the lack of healthcare services alarming, said Jamie Ulmer, Healthcare Network president and CEO. Jerrys continued support of our mission is a testament to his generosity and commitment to making Collier County a healthier place for everyone.Located in northeastern Collier County between Ave Maria and Golden Gate, the planned health center is projected to provide care to nearly 30,000 patients in its first year. The array of comprehensive services will include pediatrics, adult and senior care, obstetrics and gynecology, dental care, x-ray and lab, behavioral health counseling and a drive-thru pharmacy.I believe health care is vital to keeping any community thriving, Nichols said. Everyone should have access to essential primary care services. Supporting the construction of the new health center means that Orangetree residents, including vulnerable children and seniors, have access to affordable and comprehensive care without needing to leave their own community.In 2018, Nichols received Healthcare Networker of the Year Award for his pivotal role in supporting the improvement of pediatric care in Collier County for thousands of area children. Then, he was recognized as the lead donor for the Nichols Community Health Center, a 50,000-square-foot primary health care facility in the heart of the Golden Gate community that opened in 2020. This center significantly enhanced essential healthcare services for the largest underserved population in Collier County. Along with the Nichols Pediatric Center at the YMCA of Collier County, it reinforces Nichols vision of making quality healthcare accessible to all children and their families in Southwest Florida.Nichols has not only made financial contributions but has also dedicated his time to numerous causes, primarily focusing on local children and education. Some of the many not-for-profit organizations supported by him include the Boys and Girls Club of Collier County, Junior Achievement of Southwest Florida, the Community Foundation of Collier County, the Ronald McDonald House of SWFL, and Healthcare Networks Ronald McDonald Care Mobile. In addition, Nichols provides support to various Lee Health programs, including Golisano Childrens Hospital, Golisano Childrens Health Center in Naples, and Golisanos Pediatric Behavioral Health Center in Bonita Springs. I have focused my efforts and financial support on organizations that have an impact on childrens lives through education, access to health care, and safe environments that help them grow and develop into their full potential, Nichols said. When children arent healthy, theyre not reaching their full potential. Healthcare Network is actively seeking contributions for its capital campaign with the goal of raising $15 million. Community support is pivotal to achieving this goal and ensuring that every resident in Collier County has access to essential primary care services. Visit HealthcareSWFL.org to learn more about Healthcare Network's mission and contribute to the capital campaign. By Gabrielle OBoyle, director of public relations and marketing, Healthcare Network
Long, Successful Career Helps Philanthropist Support his Community
Nearly 50 years as a financial and insurance executive results in decades of community supportBy Gabrielle OBoyle, director or public relations and marketing, Healthcare NetworkJerry F. Nichols is a stellar example of continuing to work and support his community long after many have retired.At age 79, he continues to serve as full time executive vice president of Brown & Brown Insurance and financial representative for Northwestern Mutual. Also, for many decades, Nichols has quietly set an inspiring example through philanthropy, dedicated to improving the lives of children and working adults in Southwest Florida.Combining his career success and philanthropy is something Nichols was recognized for five times by the Northwestern Mutual Financial Network. Nichols was also named a Junior Achievement Hall of Fame Laureate, which honors influential, visionary leaders who have significantly impacted the educational landscape for youth in Southwest Florida in entrepreneurship, work readiness and financial literacy.Late last year, Nichols solidified this commitment to the community by making the first major donation to Healthcare Networks capital campaign. This donation will support the construction of the nonprofit organizations planned 20,000-square-foot health center in the Orangetree area of Golden Gate Estates, ensuring essential access to affordable healthcare for the community.The Orangetree area has grown over 75% in the last several years, which makes the lack of healthcare services alarming, said Jamie Ulmer, Healthcare Network president and CEO. Jerrys continued support of our mission is a testament to his generosity and commitment to making Collier County a healthier place for everyone.Located in northeastern Collier County between Ave Maria and Golden Gate, the planned health center is projected to provide care to nearly 30,000 patients in its first year. The array of comprehensive services will include pediatrics, adult and senior care, obstetrics and gynecology, dental care, x-ray and lab, behavioral health counseling and a drive-thru pharmacy.I believe health care is vital to keeping any community thriving, Nichols said. Everyone should have access to essential primary care services. Supporting the construction of the new health center means that Orangetree residents, including vulnerable children and seniors, have access to affordable and comprehensive care without needing to leave their own community.In 2018, Nichols received Healthcare Networker of the Year Award for his pivotal role in supporting the improvement of pediatric care in Collier County for thousands of area children. Then, he was recognized as the lead donor for the Nichols Community Health Center, a 50,000-square-foot primary health care facility in the heart of the Golden Gate community that opened in 2020. This center significantly enhanced essential health care services for the largest underserved population in Collier County. Along with the Nichols Pediatric Center at the YMCA of Collier County, it reinforces Nichols vision of making quality healthcare accessible to all children and their families in Southwest Florida.Nichols has not only made financial contributions but has also dedicated his time to numerous causes, primarily focusing on local children and education. Some of the many not-for-profit organizations supported by him include the Boys and Girls Club of Collier County, Junior Achievement of Southwest Florida, the Community Foundation of Collier County, the Ronald McDonald House of SWFL and Healthcare Networks Ronald McDonald Care Mobile. In addition, Nichols provides support to various Lee Health programs, including Golisano Childrens Hospital, Golisano Childrens Health Center in Naples, and Golisanos Pediatric Behavioral Health Center in Bonita Springs. I have focused my efforts and financial support on organizations that have an impact on childrens lives through education, access to health care and safe environments that help them grow and develop into their full potential, Nichols said. When children arent healthy, theyre not reaching their full potential. Healthcare Network is actively seeking contributions for its capital campaign with the goal of raising $15 million. Community support is pivotal to achieving this goal and ensuring that every resident in Collier County has access to essential primary care services. Visit HealthcareSWFL.org to learn more about Healthcare Network's mission and contribute to the capital campaign.
Transitioning from Moving from Assisted Living to Nursing Home Care; An Inclusive Handbook
As people grow older and their care requirements evolve there may come a point where transitioning from living to a nursing home is needed. Making this choice can be tough as it involves weighing factors, like health, safety and overall well being. In this piece we will delve into the considerations for determining the time to switch from assisted living to a nursing home the process of transitioning and how Seniors Bluebook can serve as a valuable resource during this transition. Key Factors to Keep in MindHealthcare Needs; One crucial aspect is assessing the individuals healthcare needs. If the person requires medical attention and monitoring beyond what assisted living offers moving to a nursing home might be more suitable.Activities of Daily Living (ADLs); It's important to evaluate whether the individual can independently carry out daily activities like bathing, dressing and using the toilet. If these tasks become too challenging in a living setting opting for a nursing home with enhanced care could be necessary.Safety Considerations; Safety plays a role, in this decision making process.If a person faces a risk of falls or other mishaps due, to cognitive limitations they might require the level of supervision and safety measures provided in a nursing home.Caregiver Fatigue; When family members or assisted living caregivers feel overwhelmed from the responsibilities of looking after someone it could signal the need to consider moving them to a nursing home where their care requirements can be better addressed. The Transition JourneyMoving from living to a nursing home can be intricate and emotional. Here are some steps to think about;Evaluation; It's important to conduct an assessment of the individuals care needs to determine if transitioning to a nursing home is the decision.Communication; Maintaining honest communication with the individual, family members and healthcare providers is crucial throughout this transition phase. Planning; Thoughtful planning plays a role in ensuring a transition. This may involve coordinating with nursing home staff facilitating the transfer of records and organizing the persons belongings.Support; Providing support for both the individual and their family members is vital during this period. Counseling sessions and participation, in support groups can offer assistance.Adaptation;It's crucial to give the person time to get used to their environment and daily routine at the nursing home. How Seniors Bluebook Can Be of Assistance:Seniors Bluebook serves as a source of information, for individuals and families navigating the transition from living to a nursing home. Here's how Seniors Bluebook can offer support;Extensive Directory; Seniors Bluebook presents a directory of nursing homes providing information on services, facilities, costs and contact details. This directory helps individuals and families in finding a nursing home that aligns with their requirements and preferences.Professional Advice; Seniors Bluebook offers expert advice and resources to guide individuals and families through the transition process. Their team of professionals can offer tailored recommendations based on needs and preferences.Educational Materials; Seniors Bluebook provides materials and articles covering topics related to nursing home care, including the transition process, caregiver assistance well as legal and financial planning. These resources assist individuals and families in making informed decisions regarding nursing home care. To sum up the decision to transition from living to a nursing home should consider factors such as healthcare needs, activities of living (ADLs) safety considerations, as well, as caregiver stress levels.Seniors Bluebook is a resource that provides information and support to assist individuals and families in navigating this difficult transition, with assurance.