Elder Law

The golden years are turning into bankruptcy red for many retired and aging Americans. While medical advances are keeping seniors alive longer, the associated healthcare costs in the quest for longevity are being off-loaded onto the older individual at a time when reduced income is a hallmark of senior living.

The traditional senior housing market is undergoing a profound change. In 2018 senior housing occupancy fell to an eight-year low, even as the senior population continues to increase, as competition for the younger baby boomer market is ramping up and forcing a change to more traditional independent and assisted living options.

Jerry’s mother Jane decided, on her own, that it was time to move into an assisted-living facility. Jane’s arthritis had worsened to the point where she couldn’t dress, she struggled to get in and out of the shower, and she was lonely living by herself.

Senior living faces many issues. Solutions to these problems are consistently being discussed by the government and other stakeholders. However, many of these issues are difficult and costly to solve. For example, staffing and regulation of facilities are problems consistently faced by senior living. Fraud and abuse are also issues that seem to plague this industry. Let’s take a closer look at these issues.

Before you retire or leave full-time employment for other pursuits, consider the impacts of your decision on the financial well being of your future. The transition to your next phase of life, whether full or semi-retirement, adventure seeking, or family driven, requires thoughtful planning to avoid needless surprises that can mean the difference between financial success or financial stress. Whether you have been planning your retirement for decades or days, contemplating these six key retirement elements can help you avoid unexpected problems.

What is Elder Abuse?

 Elder abuse is a problem that takes many forms. Unfortunately, many seniors are subjected to elder abuse and often times the abuse goes unreported and the abuser goes unpunished. Elder abuse may take the form of physical abuse, include hitting, striking, beating, kicking, and using excessive force. This may also include the overuse of restraints or drugs.

 Emotional or psychological abuse is also a common form of elder abuse.

We, lawyers, prepare powers-of-attorney documents so that when our clients can no longer act for themselves, the documents will convey on other trusted people the authority to act on our clients’ behalf.

 But when it comes to actually using those documents at the time of a health-care crisis, clear and powerful documents are just the beginning. The decision-points can (and must) be put down on paper in advance, but when it comes to end-of-life situations, the clarity on which we lawyers thrive can be very hard to find.

 Sitting in her lawyer’s office, the client may have been quite certain about health-care decisions. She does not want her life prolonged by a battery of aggressive treatments, where these would not preserve her quality of life.

Did you know the rules governing the VA Pension program changed toward the end of this past year? On October 18, 2018, there were several substantial changes to the operation of the program and how eligibility would be determined in the future for potentially eligible veterans and their dependents. As we look to the future of Alabama residents who need long-term care, we need to consider all of the possible benefits available to them,  and this includes the VA Pension.

What is the VA Pension program? At its core, the VA Pension program is a monthly, tax-free income benefit available to servicemen and women who have a qualifying service record.  It is a benefit that is substantially different from other monies available to veterans and their dependents. In contrast with the disability program where there must be a service connected injury that was caused by or made worse by service, there is no injury associated with this benefit.
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It is a common misconception that Estate Planning is just for wealthy people, while Elder Law is only for aging adults and seniors. In reality, however, neither is true. Everyone can benefit from thinking ahead to the future and planning accordingly, regardless of age. We know that planning for the future can be overwhelming to think about, but having an understanding of your unique planning goals and needs is important for you and your loved ones. This is why we want to share with you some information about both Estate Planning and Elder Law, so you can make an informed decision about the right type of planning for your unique goals and needs.
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