Although most of us understand estate planning and administration as the planned distribution of our assets at death, “Elder Law” is a newer concept that encompasses a number of issues. Rather than focusing primarily on tax planning and post-mortem distribution of assets, Elder Law is largely concerned with planning for the care needs of seniors and the disabled. We are very proud to employ several associates who are members of the National Academy of Elder Law Attorneys.
What is Elder Law?
Elder Law is more than simple estate planning or retirement planning. Legal issues for the elderly, disabled and their families are complex. Laws and regulations involving Medicaid, Medicare, Social Security, nursing homes, assisted living, special needs trust and benefits planning can be difficult to understand.
According to the National Academy of Elder Law Attorneys, “Elder Law” is the legal practice of counseling and representing older persons and their representatives about the legal aspects of health and long term care planning, public benefits, surrogate decision-making, older persons’ legal capacity, the conservation, disposition and administration of older persons’ estates and the implementation of their decisions concerning such matters, giving due consideration to the applicable tax consequences of the action, or the need for more sophisticated tax expertise.
As Elder Law attorneys we are capable of recognizing issues of concern that arise during counseling and representation of older persons or their representatives with respect to abuse, neglect or exploitation of the older person, insurance, housing, long-term care, employment, and retirement. We are also familiar with professional and non-legal resources and services publicly and privately available to meet the needs of the older persons and are capable of recognizing the professional conduct and ethical issues that arise during representation.
Rather than being defined by technical legal distinctions, elder law is defined by the client to be served. In other words, we handle a range of issues but for each specific type of client (ie. individuals who have specialized legal needs related to a medical illness or disability) we focus on the legal needs of the disabled and elderly using many legal tools and techniques to meet the goals and objectives of the disabled or elderly client.
Under this holistic approach, we may perform general estate planning or counsel a client about planning for incapacity. We also assist in planning for possible long-term care needs, including nursing home care and intermediate care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the clients right to quality care are all part of our normal practice. Legal problems that affect the elderly are growing in number. Our laws and regulations are becoming more complex. Action taken by older people with regard to a single matter may have unintended legal effects in other areas. It is important for attorneys dealing with the elderly to have a broad understanding of the laws that may have an impact on a given situation, to avoid future problems. An Elder Law attorney needs a broad background in the law and the ability to work with families in crises.
Elder Law encompasses many different fields of law, which include:
Donna helped me and my family through a very difficult real estate deal with my father in law. She was professional caring and always responsive!!Read more
Donna helped me and my family through a very difficult real estate deal with my father in law. She was professional caring and always responsive!!Read less
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All phone calls returned. Very professional, was told i would be called back with in hours but they called with in a half hour. I was kept notified of my case at all times.When calling them i dont ever get a bad response its always a pleasure to speak to the firm.. I was being harassed by a collection agency they stopped it? and won the case.
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They helped me recover fees my bank charged for overdrafts that were the result of THEIR error. Even after the bank rep admitted the mistake, they still weren't going to...Read more
They helped me recover fees my bank charged for overdrafts that were the result of THEIR error. Even after the bank rep admitted the mistake, they still weren't going to refund all the overdraft fees it caused. Feldman, Kramer & Monaco got me my money back quickly! They were very prompt and professional!
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