Positive Aging Sourcebook MD Fall/Winter 2019

Page 28

RESOURCES

ELDER LAW

Elder Law

What is elder or special needs law? Legal issues that affect people as they age and people with special needs are growing in number. Our laws and regulations are becoming more complex, and each state has different laws. Actions taken with regard to a single matter may have unintended legal outcomes. It is important for attorneys working with seniors, people with special needs, and their families to have a broad understanding of the laws that may have an impact on a given situation to avoid future problems. Elder and Special Needs Law encompasses many different fields of law. Some of these include: • Preservation/transfer of assets seeking to avoid spousal impoverishment when one spouse enters a nursing home

• Social Security and disability claims and appeals • Supplemental and long-term health insurance issues • Tax planning • Disability planning, including use of durable powers of attorney, living trusts, “living wills” for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetency or incapacity • Access to health care in a managed care environment • Conservatorships and guardianships • Estate planning, including planning for the management of one’s estate during life and its disposition on death through the use of trusts, wills and other planning documents

• Medicaid • Medicare claims and appeals

• Probate and administration of estates • Administration and management of trusts • Long-term care placements in nursing homes and life-care communities • Nursing home issues, including questions of patients’ rights and nursing home quality • Elder abuse and fraud recovery cases • Housing issues, including discrimination and home equity conversions • Age discrimination in employment • Retirement, including public and private retirement benefits, survivor benefits and pension benefits • Health law • Mental health law Source: www.naela.org

You Have options!

Have you been told it is illegal to transfer assets within five years of going into a nursing home? False! You have options! Have you been told by a government agency, hospital discharge planner or nursing home, if your spouse is in a nursing home you must spend down your resources before being eligible for any assistance? False! You have options! Has the nursing home told you don’t need an attorney? False! You have options! Get the facts. Call us to reserve your place at our next free seminar.

Elder Law Attorney

Michael G. Day

Medicaid • asset Protection

MeMber of: NatioNal acadeMy of elder law attorNeys; elder law sectioN of the MarylaNd state bar associatioN

301.739.6820 301.228.2960 301.724.4713 Hagerstown

Frederick

410.848.9501 301.334.0700

cuMberland

carroll county

Garrett county

10715 downsville Pike, hagerstown, Md 21740 • 30 west Patrick street, frederick, Md 21701 81 baltimore street, cumberland, Md 21502-3019

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L a w

O f f i C e s

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MicHael G. day & associates, P.c. 26

800-394-9990 | retirementlivingsourcebook.com


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