Elder Law
What is an Elder Law Attorney?
Elder law covers several legal and practical issues. Elder law attorneys protect Elders (those over 65) and people living with disabilities, their caretakers, friends, and family members. They have expertise in several areas impacting the elderly and those living with disabilities:
Elder Law Encompasses Many Legal Fields
We face important decisions as we age. How to receive care, where to live, and what's going to happen ultimately are daunting questions. Many of these issues involve crucial legal considerations.
This area of law features many specialized fields:
Elder law attorneys are there to offer advice, prepare, and advocate for the interests of their clients. Their knowledge of Elder issues and experience with emotionally sensitive topics also make them reliable sources of advice.
As an Attorney Nationally Certified by the National Elder Law Foundation as a Certified Elder Law Attorney, Martha Jo Geisler Patterson has a network of specialists available for the Criminal Law, Family Law, and Social Security Disability in order to ensure that clients facing these issues get the best legal advice possible.
Children of Elders: The Need for Planning
- What to do if an Elder is unable to take care of themself
These issues can be uncomfortable, but a lack of proper planning can lead to confusion and conflict. It's best to plan for these concerns while the Elder still can.
To take full advantage of public benefits, you may also need Medicare and Medi-Cal (Medicaid) planning and to fully understand the options available to get help paying for care.
Elders: Making Plans for Old Age
Many people worry about their lives in retirement with concerns such as:
- Patients with medical conditions can require care
- People combating serious illnesses might need assistance to manage their affairs
- End-of-life issues can overwhelm families
Estate planning, as well as Asset Protection designed to make sure a person can get public benefits like Medi-Cal and Veteran’s benefits, is essential to being prepared.
Estate Planning for Elders
One of the oldest areas of law is estate planning and administration. This area of law involves the transfer of a person's property to their intended beneficiaries after death.
This often occurs through probate – an infamously complicated and drawn-out legal affair.
Probate Court involves the living as well as the dead. If you don’t plan for both what happens when you die and what happens if you forget to die, you can very easily end up in court because your documents did not adequately cover what happens if you need help with your health or money or your agents are stealing from you. Probate is expensive.
Most Wills end up in probate court, as they are the only way to pass your assets if they are not in your Trust (and they exceed the Small Probate Amount) court orders are required to make sure a Will is honored.
If you have NO WILL or TRUST, your estate will pass according to the laws of the State you die in. This is known as intestate succession.
Advocates for Elders: Family and Professionals
You can hire trained advocates, like an attorney, to ensure your loved one has the proper future planning. For example, nursing home residents have rights that everyone must respect. Sudden healthcare decision-making can involve tough questions of who's empowered to make decisions.
Agencies can wrongfully deny, reduce, or cut off benefits intended for older people. An Elder can be the target of abuse, neglect, and fraud. Families may need to step in and ensure that the rights of Elders are respected.
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Care Options for Elders
There are several ways for an Elder to give a trusted family member or friend certain care and planning rights.
A power of attorney for health care or Advance Health Care Directive, is essential to ensuring that the medical and treatment decisions you want made are honored. Further, Powers of Attorney and Advance Health Care Directives are required in order for your doctors to discuss your medical condition with those you love.
If you want to make sure your wishes concerning ventilators, feeding tubes, and other measures are followed you MUST document your wishes in writing. Elder Law Attorneys understand the options and can guide you in making these decisions.
If you want to make sure your wishes concerning ventilators, feeding tubes, and other measures are followed you MUST document your wishes in writing. Elder Law Attorneys understand the options and can guide you in making these decisions.
Financial Administration
An Elder can give power of attorney for financial matters.
For example, if an Elder's relative is a financial professional, it might make sense to give that relative power of attorney over financial decisions. This is helpful in case the Elder becomes incapacitated. Powers of Attorney are great documents but if the person you give power over your finances isn’t trustworthy, they can use it to steal your money. You should consult with an attorney before signing a Power of Attorney.
Conservatorship
When plans aren't made in advance, courts can step in to appoint conservators.
This option is known as conservatorship. Family members can petition a court to appoint a guardian, and they are entrusted with the following:
- Caring for the Elder
- Making decisions in that person's best interests
- Choosing where they live
- Handling finances and care decisions
Conservatorship may be the last resort for many. They often involve a court stepping in on behalf of an Elder who can no longer care for themselves.
These options are available to create a legal relationship so that a caregiver can manage an Elder's finances, health care, and/or property.
Conservatorship is necessary when a person no longer is capable of managing their finances or health care.
Conservatorship is REQUIRED if placement in a secured memory care is needed.
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Elder Rights: The Basics
California has passed laws to protect Elders.
Under federal and California Law, Elders have a right to:
- Dignity and privacy when residing in nursing homes
- Choose their own physicians
- Have meals that meet religious and dietary needs
- Certain rights when signing a contract
Under the law, caregivers for Elders have certain duties as well. They must give "proper duty of care" and ensure that the Elder's basic needs are met.
Elder Justice Act
The federal Elder Justice Act protects Elder residents of long-term care facilities. This requires nursing home facility employees to report abuse within a short time frame.
States have passed laws that protect Elders from abuse, neglect, abandonment, and exploitation.
Elder Abuse: The Basics
Elder abuse is a serious problem that appears to be heavily underreported.
Abuse can be physical, emotional, or financial, including neglect and abandonment. Sadly, family members are often the abusers, and abuse can be caused by frustration, a feeling of being overwhelmed by responsibility, and financial pressures.
There are many resources available to help Elders. As an Attorney Nationally Certified by the National Elder Law Foundation as a Certified Elder Law Attorney Martha Jo Geisler Patterson has a network of resources available to protect elders in both Orange County and Los Angeles County.
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How an Elder Law Attorney Can Help
An Elder law specialist can help you or an Elder family member to make long-term care and estate plans.
As an Attorney Nationally Certified by the National Elder Law Foundation as a Certified Elder Law Attorney, Martha Jo Geisler Patterson has proven expertise in many areas including:
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