Elder Law- What You Should Know
You might be wondering what is an elder law. In this article, you will learn the things about this law. This will involve legal matters regarding the aging process consequences. However, there are many senior citizens who are confused with this.
Seniors will often meet legal issues which is experienced by people in their 30's and 40's. This legal issues may include unjust termination of employment, real estate disputes and even bankruptcy. In some cases, clients will seek the help of an elder law lawyer to get reliable advices. These lawyers can even be helpful for family law advices like divorce issues. However, elder lawyers are intended to solve issues for the elders who are 65 years or older.
Following are the kinds of legal matters that concern elder law.
- Financial Abuse. This issue happens when one will take advantage of the other person having a weaker mind state and obtaining the money and properties by manipulation, coercion and undue influence. To gain back the property that has been taken fraudulently, a civil lawsuit is needed.
- Physical Neglect. In this case, nursing homes who fail to address their elderly patients in the proper way will face the issue. Even those in-home caregivers and individuals who are given the responsibility of the elders and fail to do so might also face this issue.
- Estate Planning Matters. This will concern about the creation of wills, powers of estate planning attorney and trusts for healthcare decision making and financial matters. These can also be used by the younger generation, but often these are made for the elderly people who want to make their financial matters in proper order.
- Probate. This process will involve the distribution of the decedent's estate after death. When the wills and trusts are in right order, then this process may no longer be needed. But when there is no prior planning, then this is very essential to use by the probate court so the assets will be distributed to the love ones in the proper way.
- Conservatorships. A Sweeney Legal conservatorship is necessary to establish when the estate planning documents are not placed properly. Someone can have the authority to make financial decisions and necessary healthcare in place of the elder only when the court intervention is already granted.
For some, elder law is only a narrow field. However, this can also be considered as a large umbrella that will encompass the foregoing matters.