The attorney who practices Elder Law or Special Needs Law works primarily with people as they age and people with disabilities. Elder and Special Needs Law attorneys typically work with other professionals in various fields to provide their clients quality service and ensure their needs are met.
Using this holistic approach, for example, an Elder Law attorney will address general estate planning issues and will counsel clients about planning for incapacity with alternative decision making documents. This attorney will also assist clients in planning for possible long-term care needs, including nursing home care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client's right to quality care are all part of the Elder and Special Needs Law practice
Believe it or not, you have an estate. In fact, nearly everyone does. Your estate is comprised of everything you own— your car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, personal possessions. No matter how large or how modest, everyone has an estate and something in common—you can’t take it with you when you die.
When that happens—and it is a “when” and not an “if”—you probably want to control how those things are given to the people or organizations you care most about. To ensure your wishes are carried out, you need to provide instructions stating whom you want to receive something of yours, what you want them to receive, and when they are to receive it. You will, of course, want this to happen with the least amount paid in taxes, legal fees, and court costs.
That is estate planning—making a plan in advance and naming whom you want to receive the things you own after you die.
An elderly guardianship is created when a court appoints someone as the legal guardian for an elderly person who is incapacitated in some way. In most guardianship cases, the elderly person is no longer able to make decisions about his or her medical treatment, living conditions, dependents, and financial issues. A court may choose to limit this guardianship to certain areas, however. For example, if an elderly man is able to make decisions about finances but can no longer physically care for himself, the court may limit the guardianship to overseeing the man’s physical needs.
Usually, a guardian is a family member or friend of the elderly person. In the event that a friend or relative does not wish to become the person's legal guardian, a public or private agency, attorney, or other court-appointed individual can also serve. Typically, it must be a competent person over the age of 18, without a criminal record.
An ombudsman or public advocate is usually appointed by the government, but with a significant degree of independence, who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights.The typical duties of an ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. Ombudsmen sometimes also aim to identify systematic issues leading to poor service or breaches of people's rights.