What is Elder Law and What Does an Elder Law Attorney Do

Why Hire an Elder Law Attorney? Elder law attorneys specialize in estate planning, incapacity planning, and end-of-life care for seniors, helping them remain in their homes and protect against abuse. They are essential in planning for the future and addressing the needs of a vulnerable population. How Can an Elder Law Attorney Help? Long-Term Care Planning: As the number of Americans over 65 is projected to exceed 80 million by 2040, planning for long-term care is increasingly important. Elder law attorneys assist seniors in creating financial plans to cover essential needs like food, rent, and medical care. They also guide clients in applying for public benefits such as Medicaid and Medicare. Housing: Many seniors wish to age in place. Attorneys can represent clients in landlord-tenant disputes, helping them navigate issues like city ordinance violations. They also protect seniors against housing discrimination under the Fair Housing Act. Estate Planning Document Preparation: Elder law attorneys draft critical documents such as wills, health care directives, and powers of attorney, ensuring that seniors rights are protected regarding retirement benefits and medical decisions. A solid estate plan reduces family stress and potential inheritance disputes. Incapacity Planning: Attorneys can help document care wishes for seniors facing disabilities or conditions like dementia. With the rising number of Alzheimers cases, having a plan for incapacity is vital for protecting financial and physical well-being. Guardianship: In cases where an older adult cant make decisions due to conditions like dementia, attorneys assist family members in securing guardianship, which involves legal proceedings and court hearings. They can also advocate for the seniors autonomy by exploring alternatives to full guardianship. Combating Elder Abuse: Elder abuse is a significant public health issue, affecting one in six adults aged 60 and older. Elder law attorneys are well-versed in the rights of seniors and can provide legal recourse against abusers while implementing safeguards like advance directives to protect against financial exploitation. By addressing these diverse needs, elder law attorneys play a critical role in supporting the aging population and ensuring their rights and well-being are protected. Editors Note:  This article is for informational purposes only and is not intended to be legal advice.This article was submitted by Ashley Day, Esq.  Reach her at 251-277-3377.      

Unsupported elders or elder orphans are individuals in the elder community who face social and/or physical isolation without any available known family members or designated surrogates or caregivers. This growing phenomenon is becoming more common, with AARP reporting that one in five Americans over the age of 65 are at risk of becoming elder orphans. Factors such as higher divorce rates, the decision not to have children, and the boom in this demographics population contribute to this trend. At Bellomo & Associates, an estate planning and elder law firm in Pennsylvania, we understand the unique challenges faced by unsupported elders and offer solutions tailored to their needs. Seeking Support:Being an elder orphan does not imply a lack of financial resources but rather a lack of social support. Fortunately, various support groups and initiatives are emerging to address this issue. Adopting a family, finding a roommate exploring co-housing options, considering intergenerational housing, joining life plan communities, or becoming a member of online communities like Facebook groups for elder orphans (with over 6,000 members already) are some basic solutions to combat isolation. Additionally, we advise clients in similar situations to explore retirement communities or other living arrangements promoting social interaction. Its also worth noting that professional individuals can serve as Healthcare Power of Attorney agents and financial Power of Attorney agents, even if they are not family members, ensuring that essential needs are met if the means to pay for them are available. Exploring Alternative Opportunities:For individuals in this situation, it is crucial to seek out alternative options and establish reliable connections actively. This article highlights the importance of finding people they can rely on or paying for services if they have the means to do so. By engaging with a supportive community, whether through personal relationships or professional assistance, unsupported elders can enhance their quality of life and ensure their well-being as they age. At Bellomo & Associates, we understand the concerns and challenges faced by unsupported elders or elder orphans. We are here to provide comprehensive estate planning and elder law services tailored to your unique situation. Dont navigate this journey alone. Take charge of your future by seeking out the opportunities and support available to you. Visit our website today to learn more about how we can assist you. Be sure to register for our free educational workshop to gain valuable insights and guidance. Together, we can ensure peace of mind and a secure future for you or your loved ones.

Protecting Your Loved Ones Independence and Well-Being at HomeHelping a family member remain independent and living at home is a labor of love, but at times it can be overwhelming. There is so much to consider beyond just their overall health and well-being. Depending on the situation, a loved one may need immediate or future help coordinating medical care or managing finances. Having the proper Power of Attorney credentials established can help caregivers navigate the complexities of the system and avoid costly or time-consuming pitfalls during their loved ones aging journey.Here is a basic overview of two of the most common Power of Attorney documents:Financial Power of Attorney (Durable)With a Financial Power of Attorney (POA), a person known as the principal appoints an agent to carry out financial and other activities, as instructed by the principal. Often the person designated is a family member but note that it may be advisable to name a primary agent and an alternate agent. Principals may choose whether the POA becomes effective immediately or only in the event of illness/disability. Ideally, the POA document should have language indicating that it is durable (remains in effect even after the person is legally incapacitated). In Pennsylvania, the Financial POA must be notarized and witnessed. The law also stipulates that a POA must exercise the powers for the benefit of the principal, keep the assets of the principal separate from their own, and exercise reasonable caution and prudence. Financial Power of Attorney ceases after the principal passes away.Medical Power of AttorneyPennsylvania recognizes two types of advanced directives for healthcare decisions: Medical Power of Attorney and Living Wills. The Medical Power of Attorney, also known as a Healthcare POA or healthcare proxy, is broader in scope than a Living Will in that it empowers the caregiver to make all medical decisions if their loved one is unconscious, incapacitated, or mentally incompetent. The appointed person will be able to access medical records, speak to healthcare professionals, and make healthcare judgments and medical decisions based on their loved ones treatment (or non-treatment) preferences. A Medical POA is a crucial component of advance care planning, allowing your loved one to ensure that their healthcare preferences are honored. The document must have two witnesses and be notarized.Information and downloadable Power of Attorney pdf documents are available online. During the application process to Senior LIFE, a Senior LIFE outreach coordinator can also help you get started with the POA process. Contact us today.