The General Facts Regarding Elder Law

By Katie Jennings


Elder law is a term used in the United States that refers to the legal practice that is centered on issues as they relate to the aging population. The three key elements of the law: Long-term care programs, including disability and Medicaid; administration and estate planning; and guardianship, commitment matters and conservatorship. Elder law planning is extremely beneficial and recommended to older individuals.

There are several other important issues that fall under this categorization, such as: trusts; protection against fraud, neglect and abuse; wills; end-of-life planning; retirement planning; mortgage and real estate assistance; Social Security benefits. As individuals grow older in age, they are faced with many different obstacles that can prove emotionally and financially draining. Numerous businesses are available to help individuals plan their future.

President Lyndon B. Johnson signed the OAA, Older Americans Act, in July of 1965. This was the same year that Medicare was started. The OAA is believed to have encouraged the creation of the AOA, Administration on Aging. This is a division that is part of the Department of Health and Human Services. These developments are considered the main launching pad for similar programs and services geared toward helping older individuals.

Planning, of this sort, is important when it comes to improving the quality of life. As people get older, they become more dependent on others. However, it is recommended that individuals are as prepared as they can be for what can come. Medical services and residential care can be extremely expensive, especially for individuals who are living off of government services and do not work to earn a steady income. Money that has been saved for retirement and emergencies can run out fast.

The anticipation and arrangements of estate disposals is estate planning. This terminology is associated with elder law, which includes long-term care and other similar provisions. The reality is that everyone will die at some point and though it is an uncomfortable reality, it should be addressed and planned for as best as possible.

Beneficiaries, usually the loved ones of a person, may not be able to receive what has been left in their name, if the deceased does not plan. This could be because of administration costs, disagreements between heirs or unnecessary taxes. Estate planning is vital, no matter how large or small the estate may be. It ensures that the property is awarded to the people it should be. Likewise, it can help people save a considerable amount on taxes, fees for an attorney and cost of court. Loved ones can find relief and the ability to grieve the loss of a person rather than stress over financial disputes and confusions.

A will and power of attorney are the bare essentials when it comes to planning. The professional is responsible for handling the property management while people are still living, especially when they are unable to do it themselves. Wills come in handy after death, aiding in management and distribution of property.

It is important for all aging individuals to work with professionals for elder law and estate planning. These can eliminate unforeseen stresses that come with old age and even death. Regardless of how much or how little a person has, successful planning has the best intentions for the aging individual.




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