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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Elder Law 8335 Gayfer Road Extension, Fairhope, Alabama, 36532Elder Law - Plan to provide for future needs and preserve your legacy.Planning for the future and ensuring that your wishes will be carried out doesnt have to keep you up at night. If you or your loved one is 60+, now is a good time to plan your legal strategies to receive care in your home as you desire and if you may need expensive long-term care. If you have plans in place, we will review them with you and suggest modifications or additions, if any, for you to accomplish your goals.Elder law and estate planning serve two different, but equally vital, functions. The main difference is that elder law is focused on ensuring your care and preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future medical needs, including long-term care. Elder law services include planning for the expected and the unexpected: pre-need planning and crisis planning. Planning is tailored to each clients concerns, goals, family dynamics, and immediate or potential future care needs and may include planning tools such as:Advance Directive for Health Care (Living Will)Healthcare Power of Attorney with Healthcare PreferencesDurable Power of Attorney for Property with Expanded PowersLong-Term Care Sensitive WillsCertification as to Validity of Power of Attorney and Agents AuthoritySpecial Needs Trusts or Other Asset Protection TrustsMedicaid and SSI PlanningLong Term Care PlanningGuardianships and ConservatorshipsUnderstanding/Protecting Against Elder Abuse and NeglectElder law planning also includes your instructions about living arrangements and priorities when it comes to care, which benefits your entire family. Whats more, it can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. For seniors, this means resting assured that you will not be a burden to your children, siblings, or other family members if/when you are not able to care for yourselves. For other family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.Finally, elder law covers assistance with guardianship and conservatorship, if needed. Guardianship and/or conservatorship may be necessary to protect and provide for individuals who are unable to care for themselves or live independently, who are unable to understand or manage money and assets, and who may be at risk of abuse and exploitation. Supported Decision Making may be an alternative to guardianship/conservatorship for individuals with limited abilities to retain their decision-making capacity by choosing supporters to help them make choices.When planning proactively, Ashley Day Law works with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family.When crisis planning, our caring and comprehensive approach can help guide you through a difficult process and relieve you of some of your worries.Having to place a loved one in a skilled nursing facility can be an emotionally wrenching experience. To make matters worse, confusion often reigns supreme when determining how to best use income and assets and when navigating the Medicaid application process. Well-meaning family, friends, and even professional advisers may give conflicting or incomplete advice causing families needlessly to lose their property and assets. At Ashley Day Law, we will help you plan for future care needs and how to pay for them, prepare documents for you to enact your plan, and assist with the administration to ensure plans are implemented and assets distributed as instructed.You want to do what is best for the people you love throughout your lifetime and ensure they are taken care of after you are gone. Give us a call.
Ashley Day Law
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