Friday, 5 July 2013

The Key Details Regarding Elder Law

By Bill Riley


Elder law is the legal term used in the United States that refers to the legal area that is focused on issues that impact the aging population. There are three main categories that make up this law: administration and estate planning; disability, Medicaid and other long-term care arrangements; and commitment matters, conservatorship and guardianship. Elder law planning is important for the older society and should be considered by all.

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.

Former President of the United States Lyndon B. Johnson signed the Older Americans Act, OAA, in 1965. This was done the same year Medicare was formed. The inception of OAA led to the creation of Administration on Aging, AOA, a division of the Department of Health and Human Services. These are the developments that led to similar services and programs focused on older people.

This type of planning is crucial when it comes to improving quality at the end of life. As people grow old, they are usually more dependent on aid of others. However, it is recommended that a person make sure he or she is as prepared as possible for what is to come. Medical treatments, as well as residential care, can be extremely expensive. This is especially true for those who do not have a working income and rely on government services. Money that is put aside for retirement and emergencies is usually spent quickly with the rates of care nowadays.

Estate planning refers to the process of arranging and anticipating the disposal of a particular estate. This term overlaps with elder law, which involves long-term care and other provisions. The reality is that people die and while this truth is not worth dwelling on, it may be important to plan for.

Beneficiaries may be unable to receive what is left to them, if a person does not do proper planning. This may be because of unnecessary taxes, administration costs, or fighting among heirs. Estate planning is crucial, regardless of how small an estate is. It guarantees that the property will be given to the people to which it is intended. Furthermore, it can help individuals save on taxes, attorney fees and court costs. Loved ones are able to mourn the loss of a person without being burdened with the stresses related to financial 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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