Henderson Elder Law Attorney

As we age, our legal needs shift and change in ways that require unique and careful attention. Elder law focuses on the unique issues affecting older adults and their families, from planning for long-term care and securing Medicaid benefits to protecting assets and ensuring legal rights in nursing homes. Navigating these complex issues can be overwhelming, requiring a Henderson elder law attorney from the law firm of Ken R. Ashworth & Associates to help.

How an Elder Law Defense Lawyer Can Help

An elder law attorney can offer unique assistance in a wide range of legal issues that impact older adults and their families. Below are key ways an attorney can help in elder law issues:

• Estate planning and asset protection. An elder law attorney can help to create a comprehensive estate plan which includes drafting wills, trusts, and powers of attorney. There are so many components that go into creating a full and solid estate plan that a lawyer can help ensure is legally viable.
  Lawyers can work to structure these documents to see that your assets are distributed according to your wishes and are protected from unnecessary taxes, creditors, or probate costs.
• Long-term care and Medicaid planning. Navigating the complex rules of Medicaid and long-term care planning can be a stressor. Elder law attorneys can work to guide you through the complicated application process, help structure assets and income to meet eligibility requirements, and work to avoid losing all your assets to care costs.
• Guardianship and conservatorship. If an older adult, unfortunately, becomes incapacitated due to an illness or injury and can no longer make decisions on their own, an elder law attorney can help the family to establish a guardianship or conservatorship if this seems like a good option moving forward.
  This legal process works to ensure that a trusted individual is appointed to make personal and financial decisions on the elder’s behalf that reflect their interests.
• Protection against elder abuse. Elder law works to protect vulnerable seniors from suffering any form of elder abuse, which can be physical, emotional, or financial. If abuse is suspected, an attorney can help with legal action that seeks to protect the victim, recover any lost assets, and hold the abuser accountable through criminal or civil proceedings.
• Healthcare directives. Elder law attorneys can help with the preparation of advanced healthcare directives like a living will and powers of attorney for healthcare. These legal documents will outline any medical preferences and appoint someone who you trust to make healthcare decisions for you if you become unable to do so for yourself.
• Social Security and retirement benefits. For seniors who are facing issues with their pension, Social Security, or other retirement benefits, an elder law attorney can give essential advice and support in learning to maximize benefits and resolve disputes with government agencies. Retirement benefit systems can be highly complex and particular, requiring the skilled eye of a legal professional to resolve issues.
• Nursing home rights. If there is neglect or poor treatment of an elder in a nursing home facility, an attorney can work to advocate for better conditions and/or help pursue legal claims against the care facilities. Elder law attorneys are familiar with the rights of nursing home residents and can help ensure their clients are receiving proper care.
• Disability planning. There are several different types of planning tools available to individuals with disabilities that can help to ensure they receive public benefits while still also maintaining financial security. An elder law attorney can help to establish a special needs trust or a similar tool to see this end.

By seeking the guidance of a Henderson attorney, you can work through the complex and challenging legal matters that older adults face with confidence, seeing that you or your loved one is protected in each stage of their life.

FAQs

Q: What Is the Difference Between Elder Law and Estate Planning?

A: The difference between elder law and estate planning is that elder law is a broad category of law that encompasses several topics, including long-term care planning, healthcare decisions, and protecting assets from nursing home costs, while estate planning focuses on preparing for the transfer of assets after death. While these are related topics focusing on the well-being of elders, they are slightly different.

Q: What Are the Legal Options for Elder Abuse?

A: Victims of elder abuse have several legal options as they seek protection and justice. They can pursue both civil and criminal claims, protective orders like restraining orders, support through guardianship or conservatorship, and reporting to regulatory bodies. While there are many legal options for victims of elder abuse, it is important to notice the signs early and take action so the situation does not worsen.

Q: Is an Elder Law Attorney Necessary?

A: An elder law attorney can be highly necessary, depending on the complexity of the situation. Elder law attorneys have detailed knowledge of the laws that protect older adults and work specifically with the legal issues they may face, such as estate planning, long-term care planning, protection from elder abuse, and more. If you or a loved one is facing complex issues related to older adults, it may be insightful and helpful to meet with an elder law attorney.

Q: How Much Does an Elder Law Attorney Cost?

A: An elder law attorney’s cost varies based on several factors, including the complexity of the situation and case, the attorney’s experience level, the geographic location, the amount of time needed to resolve the issue, and other related elements. While there is a cost associated with professional legal support, the value should not be undersold, as navigating elder law issues can be highly complicated and overwhelming.

Speak With an Elder Law Attorney Today

Navigating the complexities and challenges of an elder law issue can be overwhelming and highly stressful. Whether you are navigating an elder abuse situation or looking into Medicaid qualifications, you deserve quality legal support to ensure you or your loved ones’ rights are protected and their interests are pursued. Contact Ken R. Ashworth & Associates and set up a consultation with one of our defense lawyers to get help today.