INFORMATION ABOUT ELDER LAW

Elder law is the emerging field within the legal profession to serve the needs of today's active and savvy senior citizens. This growing segment of the population often has different needs and perspectives from other segments of U.S. society. With ever more complex laws, uninformed actions taken by seniors may well have very detrimental consequences.

We hope that the questions and answers presented here will assist you in becoming familiar with the issues and terms associated with Elder Law. While the material below attempts to answer common questions in this area, State and local laws may significantly modify the facts set forth. Because all legal problems are unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT ARE SOME OF THE ISSUES FACING SENIOR CITIZENS?

The preparation of wills, trusts and other estate planning documents that pass assets to designated beneficiaries while minimizing taxes and administrative costs.
Probate and estate administration.
Pensions, IRAs and other forms of deferred compensation.
Disability and incompetency planning, such as (also called "living wills,") advance health care directives, powers of attorney, guardianships, etc.
Medicaid planning to protect assets while still remaining eligible for Medicaid.
Medicare, social security and disability claims as well as appeals when the bureaucracy denies a person benefits
Rights of long term care residents and their families.
Grandparent rights when children divorce.
Elder abuse and how to combat it.
Age discrimination in employment and the rights of older workers.

WHEN SHOULD I CONSULT AN ELDER LAW ATTORNEY?

Ideally, you should contact an attorney before problems arise in order to anticipate and minimize them. In the field of elder law, the old adage of an ounce of prevention being worth a pound of cure is especially true. Look back at the list of different aspects of elder law. Many of them involve planning and anticipation. For example, good estate planning can prevent difficulties at time of probate.

IS IT TRUE THAT GIVING AWAY PROPERTY IN ORDER TO BECOME ELIGIBLE FOR MEDICAID IS NOW A CRIME?

Over the last year, we have seen several changes in the law. The most recent change is that under Section 217 of the Health Insurance Act, it is illegal for an attorney to give advice regarding ways for individuals to knowingly and willfully disposes of assets (including by any transfer in trust) in order to become eligible for medical assistance benefits (Medicaid). However, that law is being challeneged, so it is hard to advise you what the status of the law will be in a few months. We do suggest that you consult with counsel if you find yourself in need of advice on this subject.

For your information, the Department of Aging is offering a guide for senior citizens on Medicare to help them decide whether to change from a fee-for-service program to a Health Maintenance Organization (HMO) plan. The guide points out advantages and disadvantages of each system and may be obtained by calling 1-800-545-2270.

DESSEN, MOSES & ROSSITTO is happy to assist you in any legal matter that involves either Pennsylvania or New Jersey, the two states in which our attorneys routinely practice. If you wish to contact us for more information concerning Elder Law or any other field of law in which we practice, please send us an E-mail message and we will be happy to try to assist you.

LINKS TO OTHER INTERESTING INFO

Age Discrimination in Employment Act
Americans with Disabilities Act(ADA)
Centers for Medicare & Medicaid Services
Complete Glossary of Insurance Coverage Explanations
Fair Credit Reporting Act
Fair Debt Collection Practices Act
Federal Trade Commission
Insurance Information Institute
Insurance Resources Online
Internal Revenue Code
Long Term Care Insurance Quotes
Myvesta Debt Counsellors
Senior Law Homepage
Social Security Administration
Will and Estate Planning Information from Nolo Press

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