What are Elder Law and Special Needs Planning?
Ashley Day Law
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Nov 30, 2023
Alabama - Gulf Coast
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What Are Elder Law and Special Needs Planning?
Elder law and special needs planning involve preparing for expected and unexpected life circumstances, including the possibility of becoming incapacitated as well as protecting and providing for future needs of loved ones with disabilities.
At its core, Elder Law focuses on the unique needs of
older persons and practice areas that address issues of concern for aging
adults, adults with disabilities/incapacity, their families and
caregivers. Unlike traditional estate
planning, Elder Law begins by assisting you with issues associated with a long
and healthy life, rather than simply planning for death. It mixes legal and practical issues such as being able to continue residing in your home if you had a chronic condition, having someone help in managing your finances, and not becoming a victim of financial abuse in the process. Elder law endeavors to help you solve
the problem of not knowing what you don’t know.
Special Needs Law focuses on solving legal
problems for individuals with special needs and their caregivers. Although there is no uniform definition of
“special needs,” the phrase describes individuals with a wide variety of
physical or mental conditions who require assistance with personal care needs,
activities of daily living, paying bills, managing finances, etc., who may be
vulnerable to and need protection from exploitation or abuse, and who may need
access to public benefits or any number of other types of assistance. If you
currently provide care for a child or loved one with special needs (such as
mental or physical disabilities), you must have contemplated what may happen to
him or her when you are no longer able to serve as the caregiver. Frequently, parents and grandparents are
concerned about how their children and grandchildren will be cared for after
the parents’ or grandparents’ deaths and want to plan in advance to protect
their special needs loved one.
Elder Law and Special Needs Planning encompass many
different fields of law, including, for example:
·
Disability planning, durable powers
of attorney, living trusts, advance directives, other tools to delegate management and decision-making to
another in case of incompetency or incapacity
·
Estate planning, including the
management of finances and assets during life and disposition on death using
trusts, wills, and other instruments
·
Special/Supplemental Needs Trusts
·
Conservatorships and guardianships
·
Long-term care planning and placements
·
Trust and probate/estate administration
·
Elder abuse and financial
exploitation
·
Medicaid planning
·
Retirement and Social Security
planning
When each day
seems to present a new challenge, thinking about the future can be
overwhelming. A plan can help break
things down into achievable pieces. No matter what age or stage, it is getting
started that counts.
This article is
for informational purposes only and is not intended to be legal advice.
This article was submitted by Ashley Day, Esq., A Day Law, LLC. Reach her at 251-277-3377.
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