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.