The Main Components Of Elder Law

By Adam Rigsby


Elder law is the legal term used in the United States that refers to the legal area that is focused on issues that impact the aging population. There are three main categories that make up this law: administration and estate planning; disability, Medicaid and other long-term care arrangements; and commitment matters, conservatorship and guardianship. Elder law planning is important for the older society and should be considered by all.

There are many other issues that fall under this classification, including protection against fraud, abuse and neglect; trusts; retirement planning; real estate assistance and mortgage; end-of-life plans; wills; and Social Security benefits. As people grow older, they must deal with various obstacles that are financially and emotionally draining. Luckily there are businesses staffed with professionals who can aid individuals in planning the future.

President Lyndon B. Johnson signed the OAA, Older Americans Act, in July of 1965. This was the same year that Medicare was started. The OAA is believed to have encouraged the creation of the AOA, Administration on Aging. This is a division that is part of the Department of Health and Human Services. These developments are considered the main launching pad for similar programs and services geared toward helping older individuals.

Planning, of this sort, is important when it comes to improving the quality of life. As people get older, they become more dependent on others. However, it is recommended that individuals are as prepared as they can be for what can come. Medical services and residential care can be extremely expensive, especially for individuals who are living off of government services and do not work to earn a steady income. Money that has been saved for retirement and emergencies can run out fast.

The anticipation and arrangements of estate disposals is estate planning. This terminology is associated with elder law, which includes long-term care and other similar provisions. The reality is that everyone will die at some point and though it is an uncomfortable reality, it should be addressed and planned for as best as possible.

Beneficiaries, usually the loved ones of a person, may not be able to receive what has been left in their name, if the deceased does not plan. This could be because of administration costs, disagreements between heirs or unnecessary taxes. Estate planning is vital, no matter how large or small the estate may be. It ensures that the property is awarded to the people it should be. Likewise, it can help people save a considerable amount on taxes, fees for an attorney and cost of court. Loved ones can find relief and the ability to grieve the loss of a person rather than stress over financial disputes and confusions.

All such plans should have, at a minimum, two main elements: a will and a durable power of attorney. The attorney helps manage the property while persons are still living, if they are unable to do it themselves. The will is beneficial after death, managing and distributing the property as preferred.

All older individuals should work closely with professionals to handle elder law, as well as estate planning. Doing this can help eliminate stresses and other troubles that can occur in old age and following death. It does not matter how little a person has financially, proper planning is always for the best.




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