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The Basic Details Regarding Elder Law

By Catherine Robertson


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 kind, is essential for improving life quality. As people age, they often become more dependent on help from others. Still, it is suggested that people make sure they are as prepared as possible for what may come. Residential care and medical treatments can be costly, particularly for people who rely on government aid and do not have a steady working income. Money that has been set aside for emergencies and retirement may be used quickly.

Estate planning refers to the process of arranging and anticipating the disposal of a particular estate. This term overlaps with elder law, which involves long-term care and other provisions. The reality is that people die and while this truth is not worth dwelling on, it may be important to plan for.

Usually beneficiaries are loved ones and in cases where the deceased did not make a proper plan, these individuals may not have access to the things left to them. In some cases this is because of disagreements of heirs, unexpected taxes or administration costs. Estate planning is fundamental, regardless of how small or large the estate is perceived to be. It guarantees property is given to whom it is left to. Furthermore, it can save on attorney fees, court costs and taxes. Loved ones will be able to grieve instead of dealing with stress over confusions and disputes related to finances.

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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