Posts Tagged ‘Kansas City Elder Law Attorneys’

Kansas City Elder Law Attorneys Answer Frequently Asked Questions about Elder Law

Thursday, February 15th, 2018

While the vast majority of Americans are not attorneys, most are somewhat familiar with areas of law like divorce, bankruptcy, estate planning, and criminal law. However, if you ask most people what they know about the area of elder law, you may only hear the sound of crickets. But this makes sense in part since the area of elder law has only been a designation for a little more than 25 years. That, and the fact that there is not a single elder law-based television drama on prime-time television. Joking aside, it is unfortunate that more people are not aware of elder law since most people at some point in their lives could benefit from the advice of an elder law attorney. Of course, this begs the question, “what exactly is elder law?”

Elder law is a bit of a misnomer in that it does not focus on one particular area of law. Instead, elder law focuses on the practice of helping clients who have similar needs that are often associated with the elderly. However, this does not mean that all elder law clients are older adults or elderly. Rather clients fall into this category because they have similar needs. Since elder law attorneys meet the needs of a group of similar people, elder law attorneys have to be knowledgeable in many areas of law. Elder law attorneys are able to assist clients with guardianships, special needs trusts, estate planning, elder abuse, advance health care directives, guardianships, long-term care planning, powers of attorney, and many others.

Why might I need an elder law attorney?

There are many reasons why people seek the advice of an elder law attorney. One reason is to figure out a way to pay for long-term care for themselves or usually a loved one. People also seek the advice of elder law attorneys to come up with a plan for a time in the future when they might not be able to make decisions on their own.

Where can I find an elder law attorney outside of the Kansas City area?

If you live outside of the Kansas City area and need to find an elder law attorney is important to look for someone who is certified by the National Elder Law Foundation.  The NELF is the only ABA-approved organization to certify elder law attorneys. To find an elder law attorney in your state, visit their website for a complete list.

When should I engage in elder law planning?

It is never too soon to meet with an elder law attorney. Unfortunately, no one knows when he or she might become incapacitated by illness, medical condition, or injury that may require long-term care. Many people think they need to be ready to enter a nursing home to start planning, but in some cases that may be too late. For example, the look-back period, which penalizes transfers of assets in the 5-year period before a person enters a nursing home, can be avoided with proper planning. If a person violates the look-back rule, he or she may be denied Medicare.

If you or your loved one wants to engage in elder law planning, make an appointment to discuss your options with an experienced Kansas City Elder Law Attorney. The Kansas City Elder Law Attorneys at Hubbard & Kurtz, L.L.P. have helped countless individuals meet their needs. Our attorneys assist clients in both Kansas and Missouri. To find out how the Elder Law Attorneys at Hubbard & Kurtz, L.L.P. can help you, contact our office at (816) 472-4673 to schedule a consultation. At Hubbard & Kurtz, L.L.P. we will take the time to make sure that you understand your options and that your needs are met.

Kansas City Elder Law Attorneys Answer Frequently Asked Questions about Health Care Advance Directives

Thursday, November 30th, 2017

The goal of an elder law attorney is to help meet the needs of older persons. One such need is advance care planning. Advance care planning is a term that refers to setting in place goals and plans concerning an individual’s medical care and treatments. While many people do not start to think about advance care planning until they are near retirement age, the process can begin at any point in a person’s life. Advanced care planning usually starts with conversations between the individual and his or her family and doctors. Health care advance directives are one way individuals can make their healthcare wishes known. An advance directive is simply a document that provides instructions about a person’s health care wishes, or that appoints a specific person to make decisions on one’s behalf if or when the person is no longer able to do so. While advance directives are great tools that does not mean that they are well understood. The following are some of the most frequently asked questions about health care advance directives:

Does an advance directive simply mean “do not treat”?

No! The purpose of an advance directive is to specify which treatments or steps that you want taken in addition to those that you want. For example, an elderly patient with an advanced stage illness may not want treatment but should be given palliative care. Palliative care is medical care that is focused on keeping the person comfortable and pain-free.

I am only ___ years old, am I too young to consider an advance directive?

No! While it is true that older adults utilize advance directives more than younger adults, every adult can benefit from having an advance directive. In fact, younger adults often have more at stake. For example, if a younger adult is involved in a serious accident, leaving him or her in a vegetative state, current medical technology could keep him or her “alive” for decades. Younger adults should consider an advance directive or at least appoint a proxy decision-maker.

Can I rest easy once I give a copy of my advance directive to my doctor?

No! In fact, the process has just begun. First, it is important to discuss your advance directive with your doctor to make sure that he or she supports and understands your wishes. Also be sure that you understand from your doctor your health options. Next, be aware that if you transfer doctors or healthcare facilities, your directive will likely not follow you. It is your job or that of your proxy to be sure that each facility and doctor is made aware of any advance directives. You will also want to review your directive if you experience any of the following: (1) death of a loved one; (2) divorce; (3) a new diagnosis or medical condition; (4) decline in medical condition; or (5) reach a new decade in age.

Part of responsible estate planning should always include a living will and an advanced directive. If you or your loved has not made his or her wishes official, consider making an appointment to discuss your options with an experienced Kansas City Elder Law Attorney. The Kansas City Elder Law Attorneys at Hubbard & Kurtz, L.L.P. have helped countless individuals create estate plans, advanced directives, and living wills. Our attorneys assist clients in both Kansas and Missouri. To find out how the attorneys at Hubbard & Kurtz, L.L.P. can help you, contact our office at (816) 472-4673 to schedule a consultation. At Hubbard & Kurtz, L.L.P. we will take the time to make sure that you understand your options and that your wishes are met.