Douglas S. Holden
What Is Elder Law
Elder Law is a broad topic. As I see it, it is a mixture of traditional estate planning, Medicaid asset protection, special needs, guardianship and conservatorship, probate, and many more subjects.
Generally, a practitioner will perform a variety of jobs. For instance, I generally start with a good, comprehensive review of the client's current estate. I also look at personal care needs and income and assets. I look at gifting, housing situations, and perhaps Medicare and social security issues as well as veteran’s Aid and Attendance concerns.
Some major concern areas are Medicaid planning, community spouse assets, disability planning, and long-term care. The list goes on and on.
Much of elder law is specific to one’s state of residence. For instance, Medicaid is actually a combination of federal and state statutes and regulations. Certain matters are entirely subject to state law, like probate law, guardianship law and laws regarding powers of attorney and living wills.
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