What is Elder Law
As we all know, change is a constant. Ever since the implementation of the social security tax nearly 80 years ago, assets and their taxation have changed and changed again. People move to better living conditions, change jobs, start earning income and save for retirement. Then investment gains and losses, medical expenses, taxes, spending and other factors come into play, bringing about what estate planners think of as "change of ownership events." These types of events affect graduated estate tax rates, capital gains tax rates, and capital gain tax due dates, as well as a myriad of other tax-related issues concerning federal, state, and local governments. For these and other reasons, trusts (which are often thought of as an older estate planning strategy) are making a resurgence with many individuals of all ages, not just retirees. Some trusts are revocable, self-settled "living trusts" or "revocable living trusts" (although not all living trusts are revocable), while others are "irrevocable" trusts. Some trusts are designed to last for decades, while others can be set up on a very short-term basis, covering a period of a few weeks to a few months. Some trusts even skip multiple generations of beneficiaries. And within these various categories of trusts, subcategories exist, some of which are more often used than others, for a variety of reasons.
Elder law practitioners are attorneys who subscribe to and provide services for clients of all ages, but focus primarily on those clients who are in their second half of life. A client is not required to be at least 65 years old to become a client of an elder law firm; however , the majority of people who seek legal guidance from an elder law firm do so because they want considerations for their later years, or planning if they have already entered their later years. In fact, the definition of "elder law" changes each year, as the numbers of people entering into their later years vastly outweigh the number of people who exit those same later years.
Elder lawyers typically do not prepare tax returns. Instead, they coordinate with accountants and financial planners so that an overall plan is formed and then monitored. In addition, elder lawyers help people qualify for Medicaid, or at least understand how assets can be spent down for care. The Medicaid process is a very complex set of regulations that is unique to each case. When someone needs care, they often need that care in place quickly, which leads to mistakes in Medicaid planning if the individual and family are not educated on the rules. Finally, elder lawyers handle estate planning, including last wills and testaments, living wills, and powers of attorney. Trusts are a common form of estate planning and elder lawyers are accustomed to working with them. Elder lawyers are also accustomed to dealing with long-term care issues, which arise whenever someone needs long-term care, such as in a nursing home or assisted living community. Elder lawyers also help find appropriate and safe places for people to reside, whether independent living, assisted living, continuing care retirement communities, skilled care, or in their own homes. All of these things directly affect a client’s estate plan. There are other issues elder law practitioners deal with to make sure that the estate plan correctly transfers wealth from one generation to the next.
Common Services Provided by Elder Law Attorneys
A significant number of elder law problems faced by seniors in York, PA, are similar to those experienced all over the country. What makes the process of finding a qualified elder law attorney different in this area is the fact that in York County alone, we have six privately funded in-home care agencies and also more nursing centers and personal care homes than most other counties in Pennsylvania. As York County has one of the highest numbers of nursing facilities in the state, there is a corresponding increase in the need for elder lawyers who are not only familiar with the myriad government rules and regulations that must be followed in accordance with applying for admission to these facilities and/or seeking financial assistance from the government, but also how to best keep individuals in their own homes as long as possible with assistance from those in-home care agencies.
The services offered by elder law attorneys are varied and can include the following:
§ Long-term care planning
§ Medicaid and Medicare access
§ Planning for incapacity
§ Estate planning
§ Wills
§ Trusts
§ Guardianships
§ Powers of attorney
§ Caregiver contracts
§ Supplemental Needs Trusts
§ Special Needs Trusts
§ Deeds
§ Tax issues
§ Property transfers
Other areas of elder law practice include planning for pre-need burial issues when a person is diagnosed with a catastrophic illness or for financial matters so that assets are not used up prior to that elder individual qualifying for government assistance.
Mediating elder law disputes is another service offered by elder law attorneys. Because of the vulnerable status of the older client and the often strained relationship the elder may have with his or her loved ones, elder law attorneys can play an essential role in mediating financial disputes and family friction, especially when there is an enormous amount of stress placed on the elder client who is suffering from loss of independence and functioning.
A reputable elder law attorney will have experience in dealing effectively with many of these issues and will have a solid understanding of what it is like to face them.
The Advantages of Hiring a Local Elder Law Attorney
There are several advantages to hiring a local elder law attorney in York, PA. One of the most substantial advantages is their local knowledge. Since they are local, they have a deeper, more precise understanding of their community and the needs of its residents. Also, as a resident of the area, you will know if your lawyer is reputable or not. Like your neighbor, they work where you live.
Another significant advantage for hiring a local elder law attorney is their familiarity with Pennsylvania laws, rules, and procedures. Some attorneys who did not practice law in York may not be as familiar with the specific legal requirements that pertain to York, because those laws and requirements can vary from place to place. For example, one county may have different filing fees, deadlines, or benefits than another county. A local attorney will be familiar with those requirements and have staff that are also well versed in them.
Lastly, your York, PA elder law attorney is likely to be local so it’s easier to meet with them. Having a local attorney also makes things easier if you ever need to have the lawyer appear in court on your behalf. Having a local attorney is also helpful if you have to meet them a lot since you might need visits to your home or a nursing home.
How to Select the Best Elder Law Attorney
How to Choose the Right Elder Law Attorney in York, PA
Given that financial issues can potentially arise in any area of elder law, it is wise to find an attorney who possesses wide-ranging expertise. However, because the practice of elder law encompasses several different legal disciplines, it is also necessary to choose an elder law attorney that specializes in the particular field in which you are most concerned. If, for example, you or a loved one have already been diagnosed with a debilitating illness and are interested in receiving assistance in navigating the process and applying for benefits, it is important to find a lawyer who has extensive experience in this area .
The first thing that you should do is compile a list of the various elder law attorneys in York, PA and to take care to read through online reviews of each attorney. Although these reviews should be treated with a grain of salt, they can give you a quick overview of the style of each lawyer and his or her reputation. Another great place to begin is your acquaintances, as they will provide excellent personal references to certain lawyers.
During your initial consultation, make sure to ask about any previous cases that are similar to yours and whether or not these cases were won. Although there are no guarantees in any legal matter, this will allow you to know whether the lawyer possesses the necessary experience to handle your particular needs.
Questions to Ask a Potential Elder Law Attorney
Your initial consultation with a potential elder law attorney gives you the opportunity to gauge their experience in cases like yours and for you to assess the level of comfort you have with the lawyer and their staff. Consider asking the following questions at your initial meeting:
- Have you handled any cases similar to mine? How many?
- What is your approach to cases involving elder law issues?
- How long have you practiced law, and how much of your law business deals with elder law issues?
- How will you keep me updated about my case as it progresses?
- How do you charge for your services? Does that hourly rate apply to all work that attorneys and paralegals do?
- Will you give me a fee reality check early in the case if it appears the project may run over budget?
Elder Law Resources in York, PA
Seniors and their families can benefit from a variety of resources in York, PA as they navigate the complexities of aging. Ruben Law Firm, LLC recommends the following resources:
Aging Institute of York
Provides information regarding services and programs for older adults in the York County region and oversees the Senior Center Network serving common needs and concerns at twelve local senior centers.
Clergy in Pennsylvania-Online Roster
An invaluable resource for those who believe in the pastoral care and services of persons of faith.
General Officer of the General Board of Discipleship (UMC)
The GBOD assists church leaders who are shaping ministries relating to adults in the 21st century, volunteers and clergy alike.
Cedar Manor Psychogeriatric Center
This is an inpatient facility that provides evaluation and treatment for people over the age of sixty-five with age-related behavioral and mood disorders .
Continence Central (Website)
A non-profit US organization that provides support, information, and resources for professionals who work with the incontinence management population.
Neighborhood Services York
Neighborhood, senior community centers and senior centers in York County with six locations throughout York County. Their business hours are Monday thru Thursday 8:30 am -4:30 pm; Friday 8:30 am-1:30 pm and Saturday & Sunday 1:00 pm-4:30 pm.
Pennsylvania Department of Aging
The Pennsylvania Department of Aging provides information about a variety of adult services for the elderly.
York Chamber of Commerce
Information about recreational services and groups throughout York, Pennsylvania.
Meals on Wheels
Meals on Wheels is a service for seniors providing meal delivery and information.
Comfort Keepers
Local group providing elderly home care and assistance.