As your parent ages, they need assistance on a variety of levels. One of the important ways that you can help ensure their safety, health, and finances is to help them find and work with a lawyer as they need it.
But why should an older family member seek out an attorney? Here are a few situations that make legal help invaluable as a person gets older.
To Prepare a Will
Many Americans fail to properly plan for their own passing, leaving an estate and assets with unclear heirs and legal complications. Both your aging parent and your entire family benefit when a proper will is drawn up. The parent can express their wishes for everything from hard cash to collectibles to the care of their pets.
The process of preparing a will might be relatively simple and require only that a professional write up the legal document naming heirs and assets.
But the process can also be complex. Your parent may not know the actual value of their items. You may need to get some items appraised or valued. If they want to leave anything to minor grandchildren, they may want to set up a trust. Charities might need assessed and charitable giving vehicles decided upon. A lawyer can help with these tasks.
To Protect Assets
If a person needs long-term medical care or aid with daily tasks, the cost can burn through their assets very quickly. Valuable legal strategies can protect your loved one's money, their home, their vehicles, and their insurance before this happens.
If they will eventually draw on Medicaid benefits for long-term care, you and your family should act quickly to seek legal help to maintain their eligibility for this coverage without sacrificing all their resources. It's also important to protect the resources of the person's spouse during this process.
To Name Agents
If your parent is incapacitated from physical illness or mental deterioration, someone else will have to make decisions about their care. Naming this person (or persons) before this actually occurs allows your parent to determine for themselves who they want to make decisions. These decisions could include medical care and treatment, disbursement of their finances, and care of their physical assets.
Work with an elder law expert to legally designate a power of attorney for all decisions or just certain categories of decisions.
To Coordinate Care
If your parent already needs medical care on an ongoing basis — even just for recovery from a major illness or surgery — an attorney can help navigate a system involving medical care, living arrangements, and finances.
You'll want to ensure that they receive good medical treatment, that all the bills are paid, that insurance companies properly cover treatment, that a quality care facility is chosen, and that their home and valuables aren't at risk.
As you and your family focus on the good of your loved one, an attorney can help coordinate the practical aspects. This can be a huge help, particularly if you're the only child of an aging parent.
To Protect Their Rights
Older persons can easily become victims of several different types of crimes, including physical and financial abuse. If you're concerned about your parent's susceptibility to fraudsters, irresponsible family members, or a nursing home staff, get a lawyer on your side.
Elder law specialists help a person understand their rights while under medical care or as a resident of long-term care. They can also help protect their finances from unscrupulous individuals no matter what their situation.
There are many other situations when an elder law attorney may prove beneficial to any family dealing with the issues of an aging parent or grandparent. At Donald B. Linsky & Associate PA, we are here to help your parents and your whole family during this challenging time. Make an appointment today to learn more.
