How is Elder Law different from estate planning?
Estate planning tends to answer the following three questions:
1. How do I preserve my assets during my lifetime?
2. How do I transfer those assets after I pass away?
3. Who makes medical and financial decisions for me if I cannot make them myself?
All of the issues listed above are important, but general estate planning does not address the considerations of whether an elderly person will qualify for Medicaid or other governmental benefits in the event that they are needed. Put simply, Elder Law works to ensure that an elderly individual is able to age with dignity and still retain control of their finances by considering issues such as whether an elderly person should drive as they age, or whether assistance is required with their everyday activities.
If you or a loved one need an Elder Law attorney, it is vitally important to ensure that the attorney you hire has experience with Elder Law and has actual experience with Medicaid's rules. Medicaid is an extremely complex area of law and even one small mistake can have horrible consequences for your loved one’s long-term planning.