The needs of older individuals often differ from those of younger people, sometimes in significant ways. Elder law collects the legal issues and concerns that mainly affect seniors into a single legal practice. It includes estate planning and probate matters, Social Security and other benefit programs, planning for long-term care, and other issues. If you have questions about any of these matters in Maryland or DC, an elder law attorney with knowledge of the laws in this area can help you.
As an area of legal practice, elder law is relatively new. It dates back to the 1960s when Congress created Medicare and enacted the Older Americans Act.
Thanks to improvements in medicine and other factors, worldwide life expectancy has increased substantially in recent decades, and even more so in the United States. This has created a greater need for financial and medical planning, as well as the prevention of fraud or other schemes targeting older individuals.
Elder law attorneys provide services related to estate planning, probate, planning for long-term-care needs, adult guardianships, benefit programs, and other related matters. Lawyers recognized that many of these issues overlap, and so the practice of elder law was born.
Elder law can include a variety of legal areas that affect seniors.
While it is arguably never too early to begin planning one’s estate, it is particularly important for older people to make arrangements for what will happen to their assets after they are gone. A last will and testament is the central document in an estate plan, but it is far from the only document an older individual might need.
An estate plan might also include:
Most seniors in the United States will require long-term care to some extent. Long-term care can be based in a person’s home on a part- or full-time basis, or it can be provided in an inpatient facility like a nursing home.
A Medicaid eligibility plan allows a person to receive long-term care without exhausting all of their resources. Maryland and DC have strict rules for who may qualify for Medicaid’s long-term care benefits. A special needs trust can help a person establish eligibility for benefits.
“Guardianship” or “conservatorship” is a legal process that gives a person, known as the “guardian,” authority to make decisions for another person, known as the “ward.” A court will allow guardianship when the ward is unable to make decisions for themselves because of an injury or illness. This includes many conditions associated with seniors, such as dementia or a stroke.
A guardian can have two different types of decision-making authority. The terminology is different in Maryland and DC. A person with authority over a ward’s financial and legal affairs is known as:
If a person has authority over non-financial matters, including medical decisions, they are known as:
A guardian has greater authority than someone named in a power of attorney, but they also have greater responsibilities. Courts require guardians to make regular reports on their activities on the ward’s behalf.
Once a person dies, the personal representative named in their will must go to court to have their will approved. If someone intends to dispute the validity of a will, the probate proceeding is their opportunity to do so.
A living trust can help the personal representative bypass part of the probate process. Probate only applies to assets that belong to the deceased person’s estate. Assets held by the trust are not part of the estate, and therefore not subject to probate.
Social Security provides retirement benefits to millions of seniors around the country. Medicare provides them with varying degrees of health insurance coverage. Eligibility for these benefits usually begins at age 65. A person must have paid a minimum amount into the Social Security system through payroll taxes. Medicaid provides healthcare coverage to people with little income or few resources. It also provides assistance with long-term care.
Because these programs serve millions of Americans, they require a large bureaucracy to manage, and they can have highly complex rules regarding matters like eligibility. Elder law attorneys help seniors and their family members navigate these often-confusing rules.
Some elder law attorneys help clients dealing with various other issues that affect older individuals. This might include nursing home negligence or abuse, as well as other forms of elder abuse. While we do not practice in these particular areas, we work with attorneys in Maryland and DC who do.
Joyce Ann Williams is an elder law attorney who represents individuals and families in the District of Columbia and Maryland. She can help you understand the legal issues involved in planning for your future or caring for a loved one. To learn more about her elder law services, please contact her today at info@jwilliamslaw.com or at (301) 585-1970.
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