5 Myths About Elder Law (and How an Elder Law Attorney Can Help You)

This originally aired on the Catholic Faith Network’s show CFN Live: https://youtu.be/jw6F29KhGYg

As the number of older adults and people with disabilities grows, so does their need for long-term care and estate planning. Baby Boomers are aging, and they will have a transformative effect on society and our economy.

May is National Elder Law Month and a time to bring awareness to the needs of older adults and the planning that can protect themselves and their assets.

Elder Law is a field of law that addresses the legal needs of older adults, generally those aged 65 and older. It encompasses a wide range of issues, including estate planning, financial planning, healthcare, long-term care, public benefits, and legal protection for older adults and their families.

Elder Law is often viewed as an extension of traditional estate planning, but it also intersects with other areas of law like healthcare and public benefits.

Myth #1: Estate paperwork is easy — I can just fill out forms online.

The Fact is Estate Planning documents need to be customized to your personal and financial situation.

Your life is not properly addressed by an online form. The law is constantly changing, and books or materials on the internet are not always up to date. While there are online and pre-printed forms readily available for wills, powers of attorney, living trusts, and other documents, they may not be valid in your state or may not meet your specific needs. Completing these forms properly can be difficult, and mistakes cannot be corrected once you become incapacitated or die.

Elder Law and Estate Planning attorneys provide the important counseling that online forms are unable to, allowing you to avoid unintended harmful consequences to loved ones, unanticipated taxes, or court intervention to fix errors discovered late.

Myth #2: Elder law attorneys can only help me with Trusts and Wills.

The Fact is Elder Law is much more than Trusts and Wills.

Elder Law attorneys are uniquely equipped to help clients navigate complex issues so they can prepare for the future and focus on what matters most — living life to the fullest.

While Elder Law attorneys provide important guidance on wills, trusts, and other estate-planning documents, that is only a small part of what they do.

Elder Law attorneys are well-versed in the broad range of issues that affect older adults and people with disabilities. They can advise you on health and personal care planning; payment options for long-term care services, such as long-term care insurance policies, Medicaid eligibility, access to Medi­care and veterans’ benefits, and self-funding long-term care; housing issues; employment and retirement advice; resident rights advocacy; special needs counseling for a loved one with disabilities; and more.

In addition, Elder Law attorneys are specially trained to handle legal issues affecting older adults, including abuse, neglect, and exploitation. They can help prevent further abuse, recover stolen assets, or secure damages for harm caused by an abuser. Some states offer special court proceedings or enhanced damages for victims of elder abuse, neglect, or exploitation.

Consulting an experienced Elder Law attorney can provide victims with the legal support and advocacy they need during these difficult situations.

Myth #3: Medicare will cover the cost of my long-term care.

The Fact is Medicare does not cover Long Term Care.

Many people mistakenly believe that Medicare and supplemental health insur­ance policies will cover the cost of long-term care. These plans provide benefits to help pay for short-term health care — for example, hospital care, physician services, and short-term rehabilitation.

To be contrasted with Medicaid. The Medicaid program may provide long term care coverage at home, in an assisted living facility or a nursing home.  There are strict financial eligibility requirements.

While Medicaid does assist with the cost of long-term care, planning for eligibility may be necessary.

An Elder Law attorney can help you consider all payment options (such as private pay, long term care insurance or Medicaid) to determine which options are viable in your specific situation.

Myth #4: Medicaid is the same across the country.

The Fact is Medicaid benefits and eligibility can vary dramatically from State to State.

Both the federal government and states pay for Medicaid. Each state administers its Medicaid program independently, so while the fundamental eligibility criteria are consistent across the United States, there can be significant differences in the rules from state to state. Medicaid eligibility is primarily based on an individ­ual’s level of disability and assets and income. In cases where the applicant is married, the assets and income of both spouses are considered. Local Medicaid offices in each state make these determinations.

Elder Law attorneys have extensive experience with the multiple layers of Medicaid law and can provide personalized advice to help you prepare for long-term care expenses while preserving assets. Early planning can provide significant benefits, including ensuring that a spouse at home retains enough income and assets for living expenses.

Myth #5: I Can Wait Until I’m Older to Worry About Elder Law Planning

Procrastination is a common issue fueled by the myth that elder law planning can wait until later in life.

Unforeseen health issues or incapacitation can arise at any time, leaving individuals and their families unprepared. Early planning ensures that your wishes regarding healthcare, asset distribution, and decision making are clearly documented and legally enforceable, offering protection and peace of mind for you and your loved ones.

What Elder Law planning resources are available for older adults?

Managing Partner Vincent Russo, Esq. is proud to have been a co-founder of the National Academy of Elder Law Attorneys and its fifth President. There are over 4,000 members of the Academy located in all fifty states. If you are looking for an elder law attorney in your area, you can visit www.naela.org.

Russo Law Group can also be a resource in providing you with resources to address your elder care needs. Contact our office today at 1 (800) 680-1717 and schedule an appointment to discuss what makes sense for you and your loved ones.

Disclaimer: The information provided above is for general informational purposes only and is not legal advice.