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A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and pilitical issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.
Encompasses Uniform Federal law & unique aspects of Maryland laws.
"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.
Whether you've experienced the decline of an old friend with health problems, worry about the loss of your own mental faculties or have children nagging you to get your affairs in order, you've entered the world of "elder" law. Just as new parents buy baby books, seniors need to be prepared for the legal and health care issues that come with aging. This Real Life Legal guide has been written by two practicing elder law attorneys who know firsthand that the most important part of elder law is making decisions at a time when you still can. With this book, you'll learn about the difference between a will and a living trust, or how you'll pay for a nursing home if you need one. Covering more than the basics, here you'll learn why you may want to set up a trust to avoid probate, protect assets, or provide for a special needs child. You'll learn how trusts can provide for your pet and/or lower your tax bill. We even make it easy to understand the health care puzzle of how Medicare, Medicaid, Medigap insurance and long-term-care health coverage can provide the coverage you need in your old age. Want to know what it takes to plan for your future? We cover all that here. And make it easy to understand. Real Life Legal wants you to be prepared."
" ... addresses planning for disability from two perspectives: when the client is planning for the client's own disability or incapacity, and when the client is planning for the disability or incapacity of a family member. The Detailed Analysis discusses the various planning options available, based on whether the client is planning for the client's own disability or incapacity or for that of a family member"--Portfolio description (Page (iii)).