Elder Law

What is elder law?

Elder law actually encompasses several different fields of law, but our elder lawyers specialize and use our knowledge to help seniors in all aspects of law.

What types of cases do they work?

There are several areas in which our elder lawyers work.  They include Medicaid, Medicare claims, social security, disability, guardianships, estate planning, probate, management of trusts, long-term care placements, nursing home issues, elder abuse, age discrimination in employment, retirement, health law, and mental health law.

Medicaid

Medicaid is a federal program that provides healthcare benefits for low-income adults, children, pregnant women, elderly adults, and disabled individuals.  It can help pay for healthcare premiums and out-of-pocket expenses, and even nursing home living.  We may be required to step in and legally position your income and assets to help you qualify for Medicaid.

Medicare

Medicare is a federal health insurance program for Americans aged 65 or older.  This benefit that the government provides is amazing, but can be very confusing and complicated when facing enrollment time.  Medicare Part A covers any stay encountered in a hospital, nursing facility, or hospice facility.  It even covers some home health care.  Medicare Part B covers outpatient care, medical supplies, and preventative services.  Medicare Part C is an insurance plan you purchase from a private company that contracts with Medicare.  Medicare Part D is for prescription drug coverage.  As with any health insurance company, we may have to appeal a coverage or file a claim.  Due to the complexity of your claim, our elder lawyers may be extremely helpful.

Social Security

An individual can qualify and apply for Social Security benefits as soon as age 61 and 9 months is reached.  Full retirement age for Social Security is 67.  If disability benefits are received prior to that age our elder lawyers can help ensure you get the benefits you deserve.

Estate Planning

Regardless of the size of your bank account or house, it is imperative that you put your affairs in order as you age.  Planning now will ensure that your family is taken care of and assets are properly distributed according to your wishes.  Estate planning is more than just creating a will.  Advance directives should be put in place, guardianship decisions if you have children, and financial management of retirement funds and all of the tax implications.  Our lawyers can help put all of this paperwork in order.

Long-Term Care

Long-term care can be one of the most expensive aspects of elder care.  We would all love to stay independent, but at some point, we will all need help.  Medicaid planning or estate planning can help you make the best arrangements for long-term care.

Employment Discrimination

The Age Discrimination Act makes it illegal for employers to discriminate against you due to your age.  Anyone over the age of 40 is protected from discrimination.  Our elder lawyers are extremely well-versed in all laws regarding senior citizens and can help you settle your claims.