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"Elder Law Estate Planning" is a niche area of law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. In 1991, AARP published a "Consumer Report on Probate" concluding that probate was a process to be avoided. That marked the end of traditional will planning and started the "living trust revolution." Since then, millions of people have set up trusts to: * Save time and money in settling the estate * Avoid legal guardianship if they become disabled * Avoid having their personal and financial matters made public * Reduce the chance of a "will contest" * Keep control in the family and out of the court system By 1990, the field of elder law also emerged to help people navigate the increased complexity of state Medicaid rules and regulations, the soaring costs of nursing home stays, and the fact that people were living considerably longer. Elder law and estate planning continue to grow independently of each other, sometimes to the detriment of clients. Estate planning lawyers are of little value when the estate plan to avoid probate fails to prevent a nursing home stay consuming all of the assets, because the lawyer is unfamiliar with elder law. On the other hand, elder law attorneys often protect assets but overlook basic estate planning issues such as saving taxes and keeping assets in the blood. The practice of Elder Law Estate Planning means: * Getting your assets to your heirs, in the best possible way, with least amount of taxes and legal fees * Keeping those assets in the blood for your grandchildren, and * Protecting your assets from the costs of long-term care and qualifying for government benefits available to pay for care. Middle class clients today need an "elder law estate planning attorney" to address their estate planning needs as well as to help with long-term care, disability and Medicaid issues as they arise.
Written by nationally-known elder law practitioners, Robert B. Fleming and Lisa Nachmias Davis, the Elder Law Answer Book gathers the most current legal, regulatory, and practice guidelines from the core topics of elder law, long-term care, estate planning, retirement planning, healthcare decision making, and rights of the elderly -- and presents this information in a thoroughly integrated, easy-access reference. The all-new Third Edition of Elder Law Answer Book helps you render sound advice and give reliable guidance on: Medicaid and Long-Term Care Planning Estate Planning Probate and Trust Administration Special Needs Trusts Medicare And More! Only Elder Law Answer Book delivers and‘How-toand’ explanations of the guiding rule or regulation, along with current citations to the relevant cases and statutesand—including the Deficit Reduction Act Expert legal analysis of the special rules and how they typically apply Detailed information about each of the disparate, but frequently related, aspects of elder law practiceand—age discrimination, nursing home rights, Medicaid and other public benefits programs, as well as traditional estate planning and administration Real-world practice examples that help you implement the applicable rules or guidelines in a wide variety of situations Extensive cross-references to related topicsand—for fast and easy research Index and at-a-glance list of questions that help you zero in on the exact information you are looking for
Imagine building a new home without a set of blueprintssounds absurd, doesnt it? Its no different than creating an estate plan without establishing planning goals, but far too often people engage in estate planning without thinking about what they want to accomplish. In Secure Your Legacy, attorney Richard J. Shapiro tackles the daunting aspects of estate planning and elder law. He answers questions such as: How do you determine if you need a will or a trust (or both)? Whats the difference between a revocable and irrevocable trust? How do you protect assets if you need long-term care? How do you reduce your exposure to estate taxes? He also shares tips on planning for a child with special needs, transferring a business, and ensuring a beloved pet is taken care of if you die or become incapacitated. He also explains why you should never create an estate plan online. Filled with real-world examples, this guide gives you the critical information you need to work with an attorney to create an estate plan that protects you and your loved ones.
Why do some people age so "gracefully"? They're the people whose lives seem to fall into place easily as they age. Their physical needs are met, they have plenty of resources with which to enjoy their "golden years"...and when they pass, their children and heirs manage what's "left behind" with seemingly instinctive skill and grace. But we also know far too many people in the opposite place: facing physical needs that overwhelm them, financial obligations that necessitate selling off personal possessions or even their very homes, and stress from children and heirs arguing about "who's going to get what" even before they're gone. How to have the first in your life, and not the second? It all comes down to a plan. The Law of Aging is chock-full of information designed to help you take the important first (and subsequent) steps toward making that plan...and implementing it to suit your needs, your family situations, and your future. With this as your road map and guidebook, you'll be well on your way to that "graceful" aging-and priceless peace of mind-we all want.
"This text is intended to provide a helpful introduction to the basics of what is today known as elder law"--
Encompasses Uniform Federal law & unique aspects of Maryland laws.
Elder Law Practice in Tennessee covers all aspects of elder law as it currently exists in Tennessee. This one volume treatise addresses senior citizens and the law relevant to the legal practitioner and others providing allied services. Using this book as a guide, you can feel confident when: • planning for medical, financial, and quality of life decisions, • setting up a conservatorship, • making ethical considerations in elder law practice, • choosing housing options for an elderly client, and • planning for long-term care. The appendices include an Elder Law Planning Questionnaire for client use, a table of current public benefits figures, life estate and life expectancy tables, as well as a resource directory.
As we age we face unique financial and legal issues, including Asset Protection, Medicare, Medicaid, and Estate Planning. The time to act is NOW! With proper planning, you will insure that your life, assets and estate will be managed according to your wishes, and thus, help protect you and your family. Imagine the peace of mind you will have when you stop reacting to your situation, when you have a plan in place.