UNDERSTANDING
ELDER LAW
A Closer Look at Elder Law in North Carolina and Some of the Most Common Problems Elder Law Attorneys Help their Clients – Seniors and Younger People as well – Deal With
CHERYL K. DAVID North Carolina Estate Planning and Elder Law Attorney
For some people, determining that they need to talk to lawyers is something they only do after they experience a legal problem, while others see an attorney to better prepare for what the future might hold. For many people, including seniors, making the decision to talk to a lawyer can be a difficult step, but it’s always a positive one. This is especially true when it comes to the legal realities that face people as they age. Elder Law attorneys specialize in dealing with the issues and problems that people commonly encounter as they age. The term “elder law” encompasses a diverse range of legal issues, and, despite the name, applies both to seniors and younger people as well. So how do you know you need an elder law attorney or are facing an elder law issue? Let’s take a look at some of the most common problems that elder law attorneys help their clients deal with.
WHAT HAPPENS IF I GET SICK? It’s no secret that people often experience a decline in health as they age. Whether that decline is due to an illness, injury, or simply a natural result of the aging process, it can nevertheless leave you much less capable of addressing important issues or performing day-to-day tasks. Elder law attorneys help clients prepare for the possible decline in health, and do so in several ways. First, they assist people in creating advance medical directives. Advance directives, such as a living will, give people the
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opportunity to think about what they would want to happen should they become seriously ill or injured. Through your living will you get to express your medical wishes and preferences. If there ever comes a day when you are no longer able to talk to your healthcare providers, your advance directives will allow you to nevertheless tell them what it is you do want and you do not want. Getting sick can also be very expensive, and elder law attorneys help people prepare for the potential costs associated with age and illness. For example, if you ever need nursing home or any type of long-term-care, your elder law attorney will be able to help you evaluate your options and develop a plan that fits your needs. Also, getting sick will mean that you can’t look after your important affairs. After all, if you’re hospitalized or have to spend time in a nursing home, no one will be around to take care of your pets, your house, or look after your other obligations. Elder law attorneys also help people create devices that will allow you to choose someone who can take on your responsibilities should the need arise. Whether by creating a power of attorney or some other instrument that delegates your responsibilities and decision-making authority to another person, creating these tools allow you to be sure that your duties will be met should you no longer be able to meet them yourself.
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WHAT HAPPENS TO MY FAMILY AFTER I DIE? Even though it’s even less pleasant than to think about than what might happen to you if you get sick, dealing with the legal reality of what happens to you and your property after you die is also an important part of elder law. Everyone who dies leaves behind an estate. Your estate is simply all of the property and affairs you leave behind you after you are gone. Estate planning, therefore, is looking ahead at what happens after you die and taking the appropriate steps while you are still able to do so. For example, part of estate planning is determining how you want to leave inheritances. If you have a large estate, this might involve creating an estate plan that minimizes or avoids the estate tax is much as possible. It might also include ways to help you protect your assets, or to leave them in a way so that your children or grandchildren will not squander them. Estate planning also involves being aware of the probate process that applies to property left behind by a deceased person. In almost every situation, people who create the proper estate plan can avoid probate almost completely. By doing this, those people help their families receive inheritance more quickly, more cheaply, and with fewer legal headaches.
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NOT JUST FOR SENIORS. NOT ALL LEGAL TOPICS THAT AFFECT SENIORS If you haven’t noticed, the topics we have covered so far are not exclusive to seniors and the elderly. Anyone can get sick or suffer an injury at any time, and anyone can die. Not only that, but the sudden incapacity or death of a family member or loved one can leave people left to face a host of related issues. Because of this, elder law attorneys counsel elderly people as well as younger people who experience similar difficulties, or who have similar concerns. Regardless of your age, elder law can affect anyone, and elder law attorneys can help. However, it’s important to point out that not every legal issue you have will be something your elder law attorney can help you with, even if you are a senior citizen. For example, if you need help negotiating a real estate contract or need someone to defend you after you’ve been given a speeding ticket, an elder law attorney is probably not right for your needs. On the other hand, if you are getting older and are worried about experiencing a decline in physical or mental health, want to know what you can do to protect your assets, need advice about Medicaid or Medicare, or have any other similar type of concern, an elder law attorney is exactly what you need. It’s also important to note that many elder law issues are far more easily dealt with while you are healthy and capable than they are after you
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experience a problem. In short, calling an elder law attorney sooner rather than later will always be in your best interests.
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ABOUT THE AUTHOR
Cheryl David is a graduate of UNC-Chapel Hill, the University of Baltimore School of Law, and the prestigious Trial Lawyer’s College presided over by Gerry Spence. A former Administrative Judge, Cheryl is certified as an Estate Planning Law Specialist by the ABA accredited Estate Law Specialists Board, Inc. She is also a member of the American Academy of Estate Planning Attorneys, Medicaid Practice Systems and the National Academy of Elder Law Attorneys. In 2008, Cheryl received the honor of becoming a Fellow with the American Academy of Estate Planning Attorneys. The Fellow program recognizes Academy Members who demonstrate advanced expertise and significant practical experience in the total estate planning, trust, tax planning, guardianship, probate and estate administration fields. In order to maintain this advanced expertise, Cheryl takes over 36 hours of continuing education in Estate Planning, Elder Law, and Taxation each year. Also a Financial Planner, she holds the Series 7 and 66 Investment Licenses in addition to both Insurance and Long Term Care/Medicare designations. Her professional capabilities, together with over 25 years in practice, have combined to bring positive change to the lives of over 4500 clients and their families. 528 College Road Greensboro, NC 27410 Phone: (336) 547-9999 Fax: (336) 547-9477 WWW.CHERYLDAVID.COM
Copyright 2013.
Understanding Elder Law
www.cheryldavid.com
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