Elder Law Basics

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ELDER LAW BASICS

• Common Issues, Questions and Answers

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Elder Law
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What does elder law cover?
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Elder law is not a single area of the law
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Rather, its a collection of issues that most
commonly affect elderly people and their families
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Estate Planning/Estate Administration
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What is an estate?
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Your ESTATE is the property you leave behind
after you die
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ESTATE PLANNING involves making choices about
what you want to happen to that property
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while ESTATE ADMINISTRATION is the process of
managing someones estate after that person dies
or becomes incapacitated
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Estate Taxes
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Do I need to worry about estate or inheritance
taxes?
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Probably not, but its possible
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You can structure your estate to minimize any
potential tax issues that might apply
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Elder Abuse
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Can I protect myself from someone who wants to
take advantage of me when Im older?
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YES
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You can develop a plan that will protect you and
your interests
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You can also speak to an elder law attorney if
you suspect that you or a loved one has been
victimized
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Incapacity Planning
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What happens if you become incapacitated?
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An incapacity plan will address who manages your
affairs when youre not able to do so yourself
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It will also allow you to express your medical
wishes
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Other Issues
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What else is covered under elder law?
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Age discrimination lawsuits, Medicaid planning,
Medicare issues, Veterans benefits, retirement
and long-term care planning, guardianships, and
more are all common elder law issues that people
have to deal with
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Elderly and Non-Elderly Alike
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Who should talk to an elder law attorney?
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Any elderly person who has thought about the
future but who hasnt taken the time to talk to
an elder law lawyer should do so as soon as
possible
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MANY ELDER LAW ISSUES ARE TIME-SENSITIVE,
requiring you to act as soon as possible
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Anyone worried about an elderly family members
health or legal well-being should also take the
time to talk to an ELDER LAW ATTORNEY
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