10 Reasons Seniors May Need a Lawyer

As people enter their senior years, they face many new challenges that often require legal assistance. Making plans for healthcare, finances, estate planning, and other important matters can become increasingly complex. Having the right legal support and guidance can make a major difference in ensuring seniors’ needs are met.

According to a recent study, over 60% of Americans lack basic estate planning documents like wills and powers of attorney. This leaves them vulnerable if they become incapacitated. With 1 in 4 Americans expected to be over 65 years of age by 2060[HP1] , the need for attorneys will continue rising.

Hiring an experienced attorney provides critical help in navigating key legal issues. They assist with planning for long-term care, managing Medicare/Medicaid, creating wills, avoiding elder abuse, and more. Their expertise helps seniors and families make the best decisions during a difficult time.

Here are ten reasons seniors may need to consult an attorney:

1. Medicare/Medicaid Assistance

Medicare and Medicaid are intricate government programs with constant changes to guidelines, coverage, premiums, and eligibility. Few individuals comprehend all the details and nuances.

For seniors who have been exposed to asbestos and may be at risk of mesothelioma, understanding the nuances of these programs becomes even more critical. The Simmons Law Firm provides assistance not only in asbestos-related claims but also in the regulations of Medicare and Medicaid. They help clients apply for coverage, appeal any denied claims, and access appropriate benefits for conditions, including mesothelioma.

The attorney will also advise on supplemental plans and savings programs to cover gaps in Medicare. They can assist with coordinating between Medicare and employer or retirement health benefits. Their expertise saves seniors money and helps ensure access to needed medical care.

2. Long-Term Care Planning

Planning for potential long-term care is an important consideration for seniors. This can involve an extended stay in a nursing home facility or in-home health aides. Elder law attorneys help clients understand all options for both public and private coverage. This includes assessing eligibility for Medicaid and veterans benefits to offset costs. They also advise on private long-term care insurance policies and strategies to protect assets like reverse mortgages.

The attorney assists in estimating projected costs for care and identifying sources of payment over an extended duration. They can coordinate with financial planners to develop an approach for preserving assets and income to fund care. This complex process of assessing care needs, evaluating payment options, and developing a comprehensive plan is far easier with the expertise of an attorney.

3. Estate Planning

Estate planning is the process of determining how one’s assets will be distributed after death. This involves creating critical legal documents, including a last will and testament detailing final wishes, a living trust designating how property is to be handled, and powers of attorney appointing someone to make financial and healthcare decisions if incapacitated.

An attorney can provide customized estate planning to address a senior’s specific circumstances. They will draft legal documents according to the senior’s preferences for property and asset distribution amongst beneficiaries. This includes coordinating with financial advisors on the best strategies for minimizing estate taxes.

The attorney can also incorporate the senior’s desires for advanced medical directives in case of a terminal illness. Appointing powers of attorney reduces confusion and fights between family members in the future. Overall, proper estate planning with an attorney’s assistance provides seniors and loved ones peace of mind.

4. Guardianship Designations

If a senior becomes mentally or physically incapacitated, the court may appoint a guardian to assume control over legal, financial, and medical decisions. Elder law attorneys can prepare advance directives regarding the senior’s preferences for guardianship. This includes designating a specific person as a guardian, either a family member or a trusted friend.

Outlining wishes in advance prevents a stranger from being appointed if a senior can no longer make decisions. The attorney can also represent family members seeking to establish or contest guardianship on behalf of an incapacitated senior. 

5. Elder Financial Abuse Prevention

Unfortunately, seniors are frequent targets of financial exploitation by predatory individuals. Attorneys can recognize signs of abuse, like unusual account withdrawals or asset transfers. They will recommend preventative actions such as arranging direct deposit for checks and requiring dual signatures for larger withdrawals.

If abuse is suspected, the attorney can help modify banking access and account structures to improve security. They will also represent seniors in recovering lost funds and assist prosecutors in pursuing criminal charges against abusers.

6. Real Estate Matters

Seniors looking to sell property or take out home equity via a reverse mortgage require legal guidance to avoid pitfalls. Attorneys review sales contracts to ensure favorable terms. They oversee property titling and transfers to guarantee accuracy.

For reverse mortgages, they evaluate loan terms, tax implications, and impact on Medicaid eligibility. This protects against predatory lenders seeking to take advantage of seniors. Having proper legal advice prevents seniors from losing equity in real estate transactions. 

7. Employment Concerns

Federal and state laws prohibit age discrimination in the workplace. If a senior experiences wrongful termination, harassment, or failure to provide reasonable accommodations for age-related disabilities, legal recourse may be possible. Elder law attorneys can advise on the best approach, such as filing an EEOC complaint or lawsuit against the employer.

The attorney can negotiate with the company or represent the senior in court if needed. Their expertise in employment law ensures seniors receive fair treatment in the workplace.

8. Grandparents’ Rights

Families becoming estranged can result in grandparents losing visitation with grandchildren. Elder law attorneys help grandparents file for court-ordered visitation rights in accordance with state laws. They also provide counsel on more complex cases such as grandparents seeking full custody or adoption of grandchildren. The attorney serves as an advocate for grandparents striving to remain involved in their grandchildren’s lives.

9. Disability Benefits Appeals

Many seniors rely heavily on Social Security disability income if unable to work due to health issues. Attorneys are experts in the disability appeals process. If a senior’s application is denied, the attorney can handle filing appeals and guide the senior through hearings to have the decision overturned. Their in-depth knowledge of medical and vocational factors often helps achieve favorable disability determinations for deserving seniors.

10. End-of-Life Care Planning

Seniors must determine preferences for medical treatments and palliative care in their final days. Attorneys advise on living wills and advanced directives outlining whether the senior wants life support measures taken or wishes to focus on comfort care.

The attorney can also oversee assigning power of attorney for healthcare, designating someone to make treatment decisions when the senior is unable. Thorough end-of-life planning provides important guidance to caregivers and peace of mind for seniors.

Conclusion

Seniors face an array of complex legal issues as they age. The guidance of an experienced attorney helps protect their rights and interests across many aspects of life. With expertise in areas like estate planning, Medicaid, elder abuse, and real estate matters, elder law attorneys deliver critical support seniors and families need. Their assistance ensures seniors can live their later years with dignity, security, and peace of mind.