Full Range of Elderly Legal Services in Augusta, Maine
What Is Elder Law?
The elder law concept developed more than 30 years ago in response to the growing and increasingly complex legal needs of the elderly in our society. Traditionally defined as the study of the legal issues confronted by the elderly and their families, elder law practice now encompasses a wide range of legal issues such as estate planning, Medicaid planning, legal matters pertaining to guardianship and conservatorship, and estate and gift tax planning. More recently, elder law has begun to include a host of other issues such as senior housing and age discrimination, and the evolving area of the "elder care crisis," which encompasses not only legal issues for the elderly, but those faced also by the children of elderly parents with special needs .
The field of elder law has no single legal specialty or practice area; elder law attorneys, unlike other practitioners, do not traditionally focus solely on estate planning, Medicaid planning and advocacy, and counseling and planning accompanying special disability needs such as Social Security and SSI.
Maine law is primarily governed by Maine statutory law as well as Maine state and federal administrative rules. Like most states, Maine has not yet adopted a comprehensive approach to elder law. Rather, statutes exist dealing with issues of guardianship, conservatorship, durable powers of attorney, health care advance directives, abuse prevention, and persistent conduct, estate and gift taxes, the Maine Medicaid program, and substantive Medicaid eligibility requirements.
Common Elder-Centric Legal Services
A variety of legal services are essential for management of the affairs of the elderly. In Augusta, these services include the preparation of wills, living trusts, and financial powers of attorney. This planning allows a person to establish a plan for the disposition of his or her assets at death and provides for the supervision of asset management in the event of incapacity as well as the management of assets by someone other than the individual in the event of incapacity.
Some legal services are provided by government, such as Maine Legal Services for the Elderly, which is a statewide program offering free legal assistance to Mainers 60 and older who qualify. Another valuable resource is Pine Tree Legal Assistance, which provides civil legal assistance for low-income residents of Maine.
Getting the help that is needed to deal with the many hurdles that are not able to be overcome without the assistance of a lawyer means that people can have peace of mind that their assets will be handled in accordance with their wishes and that their medical care will be attained through an authorized agent when they are not able to make the decisions themselves.
How To Choose Your Elder Lawyer
Finding a Reliable Elder Law Attorney in Augusta, Maine
In the modern world, finding a reputable elder law attorney can be a challenge. Many seniors in Augusta, Maine may find it helpful to consult with legal professionals who have a deep understanding of the intricacies of elder law. Whether you need issues pertaining to real estate, Medicaid, asset protection, or any other legal matters, there are several ways to find a lawyer you can trust.
A comprehensive search for your best options may include: Asking trusted friends and family members if they have recommendations can be a great starting point for many people. But in addition to word-of-mouth advertising, take some of the pressure off your search by utilizing online resources to find out more about local law firms. Research online reviews and ratings to help identify attorneys with a reputation you can rely on.
When researching lawyers in your area, pay close attention to their areas of specialization. Complex elder law issues require deep expertise to navigate. A lawyer who practices broadly in the field of real estate may not be the best fit for more complex issues like Medicaid qualification. On the other hand, an attorney with experience in the field of elder lawsuit should be well-equipped to handle all the challenges that await them.
It’s always a good idea to schedule a consultation when you find an attorney you’re interested in. Make sure to come prepared with a list of questions you’d like to ask. A good lawyer should be willing to answer your questions and help you understand your options. Look for someone who is thorough, thoughtful and diligent, and who will help guide you through every step of the process.
Don’t be afraid to trust your gut when selecting an attorney. You should feel confident in the choices you make, and this is especially true when it comes to hiring someone to help you navigate the law. Picking a lawyer to assist with complicated legal issues is an important decision, and you should trust your instincts as you go through attorney selection.
Elderly Financial & Estate Planning Legal Services
Effective financial and estate planning is critical for seniors. As we age, the complexities of our financial situation become an increasingly important aspect of our daily lives. Smart planning can put control of your assets in your hands and even save your family thousands of dollars in taxes. In Augusta, Maine there are several options for people looking to accomplish these goals. Whether individuals are looking to establish a trust for their children, grand-children or charity , we will understand your needs and help you develop the best plan possible. Senior estate plans can help protect your assets and avoid debt collection as well as protecting assets from long-term care costs and the Maine estate tax. Financial Planning can help you save money on taxes and manage your wealth to meet your future needs. A good Maine elder law attorney can also determine how the recently voted Maine estate tax exemption will impact your family. At Norman, Hanson & DeTroy, we offer comprehensive Maine elder law and estate planning services.
Legal Matters Regarding Health Care & Insurance
For seniors in Augusta, just like elsewhere in the U.S., navigating the complex landscape of healthcare and long-term care can be a daunting process. Not only are there physical and medical concerns to manage, but there are also a host of legal and financial issues that must be addressed. Every senior may require some sort of assistance, from managing their Medicaid eligibility to reviewing health care power of attorney documents, to simply dealing with hospital bills. Helping seniors find their way through even the most difficult legal situations is an important part of what we do. Some of the most critical issues dealt with by elder law attorneys, for instance, are Medicaid-related concerns. Medicaid planning is essential for seniors who may require long-term nursing home care. Without a careful plan, the costs of such facilities can deplete a modest nestegg within two or three years. An elder law attorney can assist families in determining how to structure Medicaid eligibility. Likewise, they can help clients with planning around asset transfer, living trusts, and spend down practices. An experienced lawyer can help ensure that your family benefits as much as possible from the extensive – albeit confusing – benefits offered by Medicaid. In a sense, Medicaid eligibility is the foundation of complete senior healthcare legal assistance. After ensuring that your long-term planning strategy is solid, elder care professionals can look at other concerns. This can include the oversight of health care power of attorney documents, long-term care insurance policies. Further, when the inevitable medical debt strikes, having a trustworthy elder law attorney by your side will help ensure that disputes and collection practices do not make a difficult situation worse.
Myths And Truths About Elderly-Related Legal Services
A common myth surrounding legal services, especially for the elderly, is that they are only to be used in times of crisis. This assumption can cause unnecessary problems in the long run. While urgent issues do necessitate the guidance of an attorney, having an experienced lawyer by your side for important decisions can be a major asset to reduce risk later on or help you to avoid litigation in the future. A common question or perception regarding the elderly and the legal system is that they’re too old to make their own legal decisions. This is a misconception and the opposite is often the case-elder law attorneys often work with those over 60 years old and help them draft wills, execute estate planning and prepare their medical wishes in an effort to protect them from exploitation or medical issues later on in life . Having a power of attorney and health proxy can prevent unspeakable loss for you, your family and your loved ones.
Another myth surrounding elder legal services is the cost. Many people mistakenly believe that hiring an attorney is going to be prohibitively expensive. Just as there are resources available for seniors with limited finances, there are programs for legal assistance for seniors in Augusta, Maine. Many times, legal organizations offer pro bono services or work on a retainer basis. This means you can receive expert legal counsel without incurring massive fees.
To schedule a consultation with an experienced Augusta elder law attorney, contact The Law Offices of George McCrawrey today.