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Elder-Law

Legal Issues Affecting Senior Citizens

Growing old is a rite of passage; however, this new stage of life has its own set of potential legal issues. With people living longer and fuller lives, there is a need to deal specifically with these issues.

Although elder law may be considered a new area of law, it really encompasses several areas of law that pertain to older people in our society. Whether you are currently facing a legal matter or simply planning for the future, an elder law attorney can help you live out your golden years with peace of mind.

Your Health

As you get older, you may find yourself in need of more medical care, which means you will have to deal with such issues as and health insurance, Medicare and Medicaid. Medicare is a healthcare plan that is funded by the government. It provides coverage for certain types of medical care. While some coverage is provided for free (though a co-pay is involved for certain services), there is additional coverage that you must buy into (pay a premium) in order to receive it. Medicare does not always cover all types of care. If you have been denied coverage, you have the right to appeal and the right to an attorney to do so.

Medicaid is a separate program that is run by states for people with low income. Though Medicaid is really meant to be a last resort, many older individuals are eligible to receive it.

There may be situations in which you are incapacitated or otherwise unable to make your own choices. The law permits you to appoint a healthcare proxy. A health care proxy is someone you select to make medical decisions on your behalf in case you become incapacitated.

Your Money

You can't work forever, and most people wouldn't want to anyway. Retired people can continue to live from funds set aside through private retirement plans and social security. There are legal implications to both of these systems.

To protect retirement benefits, the government has enacted the Employee Retirement Income Security Act (ERISA). If you are receiving retirement benefits, ERISA requires your employer to provide you with an annual report of your retirement plan. The report contains information about how the money for your benefits is being invested and the expected return on those investments.

Social security is the governmental equivalent of a retirement plan. People are eligible to receive social security after they have worked for a certain amount of time. There are many additional rules for receiving social security, including when you can retire in order to receive those benefits.

The amount of benefits that you will receive is determined by the standards set by the Social Security Administration. As a recipient of social security, you also have the right to appeal decisions made by the Social Security Administration that regard your benefits. You are also entitled to hire an attorney to assist you in appealing decisions.

Your Life

There are rules and laws regarding topics such as assisted-living and nursing homes. Estate planning is also an important issue, but it goes beyond simply devising your will. There are other considerations, such as power of attorney and living wills.

Employment law issues can also arise. Older workers are protected by the Age Discrimination in Employment Act (ADEA), which prohibits most employers from discriminating against people over 40 years of age with regard to employment decisions such as hiring, firing, compensation and promotions. Elder law can also help protect people from becoming the targets of abuses and scams.

Heading into retirement isn't the end; it's a new beginning. An elder law attorney can show you how to deal with the new questions and the tougher issues you might face. Connect with a local attorney practicing in elder law today through AttorneyFind.