Helping Senior Adults, Elder Law 101

People ask me, "What is Elder Law?"

I answer, it is helping older Americans with problems that come up primarily due to age. You realize of course that after a certain number of years, thoughts of death become more prevalent and preparation becomes much more important. Children become adults and begin asking, "What do I do about my parents?" When parents begin needing assistance, adult children bear a great burden. They may have children of their own in school or starting out and suddenly, Mom needs a new place to live that will provide nursing care. These problems are not new; our processes of dealing with care of the elderly is not new. All over the globe, seniors are afforded great respect and care. Only in the United States do we warehouse seniors in "adult communities," Assisted Living Facilities and Nursing homes.

When Daddy needs nursing care, what questions should be answered?
First: How much care is needed?
Second: How much care can he afford?
Third: Who is responsible to pay when Daddy cannot?

Other questions that may come up include:

What about Social Security, and Medicare?
Do we need to do "Medicaid Planning?"
What is Medicaid Planning?

Parents may not wish to discuss their finances with adult children and may feel freer to discuss the details of planning with an Elder Law Professional. Many times parents have begun the process, but children are kept in the dark for fear that the children will want to "inherit" early. Many seniors have received advice regarding Medicaid Planning over the radio or television but may not understand fully the details. Many seniors worry about losing their homestead or the equity they have built up over the years. In Florida, we protect homesteads. The equity in the home can survive incapacity and death provided simple steps are taken to preserve all the rights afforded to homeowners.

When Medicaid begins to enter the conversation  with regard to health care, it may be too late. Most Health care Decisions must be made quickly; however, medicaid planning may require as much as 5 years to be fully effective.

When you are faced with these and other questions, Call me at 407-645-3297, or visit my website at www.aubreylaw.com