Local Columns

Why you need to know about Elder Law

By Timothy M. Vogel, Esq.

Editor's note: This column represents the second in our new monthly series on an array of issues of importance to area seniors. Each entry
will be prepared by residents, nonprofit organizations and specialists in
a variety of fields exclusively for readers of The Independent.

Recently enacted MaineCare regulations make this a crucial time to discover how an Elder Law attorney can help protect you and your loved ones.

Elder Law attorneys focus on the ever changing and special needs of older persons and their families. Unlike most other legal specialties, Elder Law is not just about one area of the law or type of court. It is about the needs of very special clients - older persons and their families. That is why Elder Law covers a broad range of legal, financial and aging issues to meet the needs of our elders and their loved ones:
  • How to find, get and pay for quality care. We Elder Law attorneys help you find the right mix of home, family care, elder services, assisted living, rehabilitation and nursing home. We advise on payment for these services from income, savings, real estate, Medicare, long-term care insurance, and Medicaid/MaineCare. We can help you with all the MaineCare cutbacks.
  • Decision making when you are disabled by an accident, illness or aging. This is usually with a Durable Financial Power of Attorney and Power of Attorney for Health Care but sometimes a Guardian and Conservator must be appointed by Probate Court.
  • Estate planning to help you smoothly pass your property to your loved ones through appropriate legal documents and strategies: Last Will and Testament, Revocable Living Trust, joint ownership and beneficiary designations.
  • We know the details of government income and health care programs essential to many older and disabled persons: Social Security, Medicare, SSI, VA benefits and MaineCare. We are also experienced in important private health insurance and retiree health care coverage.
  • We help protect the elder, especially when there are family difficulties. We advise on grandparents' rights. We advocate for physically abused or financially exploited elders. We help our clients be safe. We challenge wills, trusts and property transfers caused by fraud, undue influence or financial misconduct.
Why working with the Elder Law attorney is crucial now

There are growing numbers of elders and escalating costs of medical care, assisted living and nursing home care. These create very strong pressures on federal and state governments to cut programs for older persons.

The Maine Department of Health and Human Services has just issued new regulations that cut MaineCare eligibility for nursing home and assisted living programs and greatly increase the penalties for making gifts. When a MaineCare recipient dies, the department now is collecting from that person's property for the amount of MaineCare the person received. These regulations will cause many difficulties for any family with a loved one who need MaineCare assistance with home health care, assisted living or nursing home costs.

You need to work with an Elder Law attorney to protect yourself and your loved ones. To keep up with the many changes in Elder Law, your Elder Law attorney must stay current with continuing legal education through the Elder Law Section of the Maine State Bar Association and the National Academy of Elder Law Attorneys.

Elder Law attorneys know how important it is to help their clients by team working with other professionals such as a financial planner, accountant, the family lawyer, long-term care insurance specialist, physician, geriatric care manager, real estate agent, appraiser, home moving manager, banker, trust officer, investment advisor, social worker, bookkeeper, reverse mortgage broker, clergy, home care agency and many other elder service providers.

There is no one answer to protect yourself and your loved ones. It works best to consult with an experienced Elder Law attorney to examine your circumstance, help you set your goals and select the legal and financial tools to build a plan to achieve those goals. When you do this you will be amazed at the resulting peace of mind. In future articles I will discuss current developments in Elder Law and details of how protect yourself and your loved ones.

Timothy M. Vogel practices Elder Law with Vogel and Dubois whose
office is in Portland. He is past chair of the Elder Law Section of the Maine State Bar Association. He belongs to the National Academy of Elder Law Attorneys, the Maine Estate Planning Council and the Maine Gerontological Society.

[More Local Columns]