The Basics of Elder Law in Augusta
The term "elder law" is used broadly to refer to issues that impact the quality of life of seniors and special considerations in estate planning associated with aging. The National Academy of Elder Law Attorneys (NAELA) defines elder law broadly as: "… the legal practice of attorneys who primarily focus on issues that affect senior citizens and persons with special needs. An elder law practitioner may have diverse practices, including estate planning, wills, trusts, guardianships, Medicaid, Medicare, retirement, long-term care, Social Security, Social Security Disability, SSI, veterans benefits, nursing home abuse, age discrimination, elder abuse, neglect , and ageism. Elder law attorneys also may handle estate, inheritance, gift, and income tax issues. Some elder law attorneys limit their practice to specific areas of the law or to certain groups of people." From financial and estate planning concerns to government benefits and disability, these complex issues require a lawyer experienced in elder law. With the aging of the baby boomer generation and longer, healthier lives, there are an increasing number of seniors living in Augusta, ME affected by these issues.
Providing experienced legal services for seniors in this region, and throughout the state, is essential to assist seniors and their families in making the best possible legal decisions.
Common Legal Challenges for Older Adults
The physical, mental and psychological issues that accompany the aging process create a unique set of legal issues for the elderly. Common legal issues for the elderly include sophisticated areas of practice such as estate planning, health care powers of attorney, guardianship, conservatorship, elder abuse and neglect, estate litigation, and Medicare and Medicaid long term care planning. All of which have a unique Maine flair for the Augusta lawyer.
Estate Planning
Estate planning is the creation of a plan for the administration and disposition of a person’s property at death (by will or otherwise) and the management and care of that person during lifetime (through durable powers of attorney and health care advance directives). It is a vital process in which many Maine seniors should be proactively involved.
Health Care Powers of Attorney
A health care power of attorney is one vital aspect of an estate plan. It is a written document through which a person (called a principal) can authorize another individual (called an agent) to make health care treatment decisions for the principal when the principal is incapacitated. A power of attorney may be immediately effective or may become effective only when a prescribed event occurs (such as incapacity of the principal). Maine law allows a principal to grant broad powers to an agent that address a variety of health care decisions or to limit the scope of the powers. In addition to limiting the scope of the powers granted, the principal can also include specific provisions in the power of attorney to require consent of an alternate agent before a primary agent may exercise the powers granted in the power of attorney.
Durable Powers of Attorney
A durable power of attorney is also a vital element of an estate plan for the many seniors who desire to have their current business affairs managed by others. Durable powers of attorney are used for a wide variety of purposes. They are frequently used by seniors to authorize spouses, trusted family members, or close friends to perform basic day-to-day activities on their behalf such as writing checks or paying bills at a time when the seniors do not wish or are unable to perform those tasks. They are also used to authorize caregivers, family caregivers, and professionals to perform more advanced activities such as selling property or filing a lawsuit on behalf of the senior. A durable power of attorney allows seniors to decide at the time they have legal capacity who they wish to handle their affairs when they can no longer do so.
Guardianship, Conservatorship, and Elder Abuse
The combination of a senior’s declining mental and/or physical condition and the growing social and economic acceptance of elder abuse has led to the increased need for guardianships and conservatorships. A guardianship is a court proceeding in which the probate court appoints a personal representative to make decisions regarding the care and well-being of an incapacitated senior. A conservatorship is a similar proceeding in which the court appoints a personal representative to manage the assets of an incapacitated senior. Elder abuse and neglect cases are court proceedings in which a vulnerable adult seeks to hold his or her caregivers accountable for a legal violation (which was caused by the abuse or neglect). These cases are becoming all too prevalent in Maine and are important to the protection of our senior citizens.
Selecting the Right Elder Law Attorney
When selecting an elder law attorney in Augusta, ME, you should consider several factors to ensure that you find the right fit for your specific needs. Experienced attorneys who are committed to their senior clients are more likely to provide the kind of personalized level of care that ensure a positive outcome and provide peace of mind.
The first factor to take into consideration is the level of experience that the Augusta lawyer has. Your lawyer should have at least 10 years of experience working with senior clients or with the legal issues relevant to your situation. Of course, younger attorneys can also bring a lot to the table, so this criterion is not necessarily a deal-breaker. The important thing is to ensure that your lawyer understands the laws relevant to your situation and is willing to take the time to study intricate details when they arise.
Another important factor to consider when choosing an elder law attorney in Augusta is whether or not he or she practices exclusively in elder law, or if elder law is simply one of many specialties. An elder law attorney who devotes a substantial majority of his or her time to elder law issues will have likely seen a wider variety of cases and have more hands-on experience to help guide you through the process.
A lawyer with recent, relevant client reviews is also a good source of information about a potential new elder law attorney. These reviews can be obtained through your state’s bar association or through online review sites. You should evaluate the reviews you find with a critical eye. Was the client’s situation similar to yours? Did the client leave a positive review of the elder law practice? Is the review older or more recent? Although one bad review does not necessarily mean that this lawyer is not a good choice, a pattern of less than stellar reviews might indicate that this is not the right elder law attorney for your case.
It’s also essential that you feel comfortable communicating with your attorney. An attorney with excellent people skills is more likely to appropriately handle sensitive issues or circumstances, so hiring one with demonstrated communication skills is very important.
Essential Estate Planning for Seniors
As seniors in Augusta, ME, it is vital to understand the many legal services that can promote long-term care and financial security. Primary among these services are estate planning essentials that can prevent conflicts in the future by ensuring that all affairs are settled and last wishes are known.
Some seniors make the mistake of not having a will. In Maine, this means that the state decides how your money and other assets are allocated. By having a will, you guarantee that the state will not decide who gets your assets and you can allocate funds to specific family members.
It’s common for couples in Augusta to create a joint will. With a joint will, you and your spouse have the same will, which cancels out the need for two separate wills. If either party passes away, the survivor keeps the same will in place. Joint wills do have disadvantages, however. They cannot be altered without the approval of the other spouse. Additionally, dividing the estate can be difficult if the spouse does not wish to change the will or draw up a new one.
A living trust is a contract that provides for the management and distribution of property. "Living" means that it is active during the lifetime of the grantor. A revocable living trust allows the grantor to make changes to the trust at any time if circumstances outlive the trust. Anyone in Augusta can arrange a revocable living trust through a lawyer and temporarily hand over control of their property to the trustee. This is ideal for individuals who wish to keep their property matters simple.
An irrevocable living trust is a permanent arrangement that often requires a third-party trustee. Because the grantor relinquishes control over his or her property, an irrevocable living trust is difficult to dissolve. Individuals should consider an irrevocable living trust if they want to do away with all rights to their property. An irrevocable living trust also removes assets from one’s estate for tax purposes, thereby lowering taxes for the grantor. It is crucial to speak with a lawyer in Augusta before establishing a living trust in this way.
It is not enough to have a will; you need a durable power of attorney (DPOA) to work in tandem with it. If you lose the mental capacity to carry out major decisions, the DPOA gives someone else the ability to act on your behalf. The primary purpose is to help you make health care and financial decisions. You can also grant someone the ability to manage real estate and engage in financial transactions on your behalf. Primarily, a DPOA exists to protect you should you become disabled or unable to conduct business.
There comes a time when we must think about our mortality. Having the proper legal services in place can provide comfort to you and your family.
Long-term Care and Healthcare Directives
It is vital that people understand the importance of long-term care planning. This involves being proactive about who will manage your healthcare in the event of incapacity, what advanced healthcare decisions you want made on your behalf, and who should inherit your assets. It is essential to discuss these matters with a Maine estate planning attorney.
Having advance healthcare directives in place protects your interests. Surprisingly few people have them. There are a variety of durable powers of attorney, such as financial durable powers of attorney, healthcare powers of attorney, and HIPAA authorizations . These documents empower your chosen agent to make crucial decisions on your behalf in the event of incapacity.
Medicaid – while very important to many seniors who cannot afford long-term care on their own – is sometimes misunderstood. The government has some very strict Medicaid rules, and it is a good idea to have an attorney with experience in this area to help you. Ideally, you will be proactive and seek legal guidance early.
Long-term care decisions and planning are not easy. First, we have to face our mortality as we age. Then we have to think about how long we can endure on our own (and afford care) if we experience a slow decline in our health. The stakes are high, both personally and financially.
Protecting Seniors from Senior Abuse
According to the Maine Department of Health and Human Services Office of Aging and Disability Services, elder abuse includes physical abuse, sexual abuse, neglect, exploitation and abandonment. Physical abuse is non-accidental harm or threat of harm to an older adult as well as inappropriate and/or unwanted sexual contact. Emotional abuse takes the form of verbal abuse, malicious treatment, threats of harm or harassment. Financial exploitation refers to taking the assets or property of an elderly person and neglect is the failure to provide for an older adult’s basic needs. The last type of abuse is abandonment, which occurs when a caregiver or relative willfully forsakes or deserts an older adult. If you suspect that an elderly adult is being abused, you should report the abuse to Adult Protective Services. This is a confidential service whereby trained adult protective service workers investigate concerns of elderly abuse or exploitation and take appropriate action to ensure the safety of the abused or exploited adult.
Community Resources and Support for Seniors
Legal Services for seniors in Augusta, ME can be found by first identifying what services you require. Many tend to think that a lawyer is a lawyer and they will know what I need. That is not true. Everyone has their own specialty and it is important for you to find someone who is a good referral or fit for you. Start with Maine’s Senior Law Center. There you will find resources specifically for seniors. From Maine’s Senior Law Center you can review the ElderLaw Answers – Maine’s Senior Law Center. You will find a huge list of legal publications on this site. It covers everything from probate to Social Security.
There is also the Maine Senior Legal Hotline that provides older people the opportunity to have an attorney review a legal issue. This conversation is typically an hour and can be face to face or telephonic. The legal hotline attorneys do not have any discretion in providing legal advice; rather they will provide information and resources.
The Maine State Bar Association and the State of Maine provide Pro Bono Legal Services for Maine People. You will also find the Pro Bono Referral Panel where you will be matched with a volunteer lawyer. This is generally at no cost. Again, you may get different people, times and advice.
If you are looking for a trusted professional, a referral is always best. If you know someone who has had a similar matter, call them and ask. If you are not comfortable with the person they refer, look again.
Community organizations supporting the legal needs of seniors in Augusta, ME include Area Agency on Aging for seniors. They have programs that will assist any member of your family find the right solution. There are also national and local advocacy groups that will provide you the right direction and assistance.
Conclusion: The Significance of Proactive Legal Planning
The legal landscape is complex, fraught with potential pitfalls and challenges. This is especially true for the senior population in Augusta, ME, who require not only sound legal advice but also a comprehensive understanding of their legal rights and potential pitfalls. The best way to ensure that your interests are protected, your assets are secured, and your estate is organized is to engage in proactive legal planning. Whether through drafting new wills, establishing trusts, or thinking ahead for potential health care needs, legal services for seniors are vital . Engaging with a qualified attorney who understands the unique challenges faced by seniors is crucial. They can assist you in examining your current situation, helping you to determine the potential legal mines that are present, and to advise you on the best path forward. Legal services for seniors are essential for ensuring that you remain in control, allowing you to plan for future needs, either for yourself or for loved ones. When it comes to safeguarding your future, isn’t that peace of mind worth the minimal price of engaging a professional?
