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Elder Law

30th April 2020
By Gary DeWitt in Legal
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Elder law is a new field of law which deals with the legal issues related to senior citizens. This includes estate planning, laws that protect the elderly from abuse or neglect, laws dealing with medical care and insurance, trusts and will. Elder law and senior care are closely related industries which provide protection and care for the senior citizens. When it comes to the needs of our aging family members, elder law and senior care often intersect. The Elder Law is divided in to three major categories that are broken in to deeper topics. These topics are given as follows:

1. Administration and Estate Planning, Including Tax Questions: For this category, estate planning is the main focus. It does not matter whether you are very rich or not, after passing the process of knowing that who will get what parts of your estate the matter becomes straightforward. The best way to ensure the process is been smoothly completed is by having the will in place. If the will is in place then you can rest in peace by knowing that your estate will be used as per your instructions. You should hire an estate planner which will assist you with all the technicalities that go along with the probate which also include the dreaded tax situation.

2. Medicaid, Disability and Long-Term Care Issues: Due to the aging population, the Elder Law came in to existence. When people start growing old then naturally the medical related issues start occurring. In this case, Medicaid can be a great help to the old people. Medicaid is a program that is state funded. It supports those people who are low income earners. This program is very crucial as it help in ensuring that the life of the elders does not wane. About 50 states have opted in to the Medicaid to ensure that the medical care can be accessed by all. The long term care issues and disability issues are those plans which are helpful for those who need around the clock care. There are less people who are working relatively to the proportion who need care with the older generation. Working in this industry is all about distributing the funds to cope with more demand in a manner that is equitable.
3. Guardianship, Conservatorship and Commitment Matters: It is very straightforward to understand this category. When a person starts aging then his/her mental impairment or disability may mean that he/she is not being able to act in a rational manner. By the court order, someone is appointed as the conservator or guardian on the behalf of the estate of the elderly person or someone is appointed to take charge of day to day life for the conservative also.


All of the above terms are interchangeable that depend on what state the issue is related to. The most common form of disability that requires conservatorship is the Alzheimer's disease. In this matter, the court may appoint a lawyer to be the conservator if there is no appropriate person close to that elderly person.
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