Elder Law Lake In The Hills
Elder Law Lake In The Hills – Law Offices of Anthony R. Scifo – Free Consultation 847-628-8311
Need expert advice on the issue of elder law abuses? Call experienced elder law litigation attorney Anthony R. Scifo to schedule an appointment for a confidential discussion. Our firm serves communities throughout the Chicagoland region including Lake In The Hills, Elgin, Rolling Meadows and St. Charles.
An Overview of Services Provided By An Elder Law Lake In The Hills Lawyer
Elder law attorneys serve as advocates for the best interests of elderly people and their families. At our law firm, we handle a range of legal matters that can impact older or disabled people. For example, health care, long term health care plans, retirement, legal guardianship, social security, Medicare and Medicaid.
In some aspects, the practice of elder law is specialized because it focuses on the distinct needs of older people, which are frequently different and more specific than those of younger people. An Elder Law Lake In The Hills professional can handle financial and estate planning issues for their clients, as well as important day-to-day practical matters that affect the care of seniors like assisted living and life planning. Generally, elder law attorneys are experienced in managing the sometimes sensitive emotional and physical requirements of seniors or the disabled.
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Just some of the issues that an attorney can provide expert advice include:
-Review the significance and role of wills and smart estate planning. This can include plans regarding care for a minor or care for an adult who has special needs.
-Probate proceedings.
-Create power of attorney.
-Provide assistance with health care long term care options, patient’s rights, Medicare and the issue of health care power of attorney.
-Financial representation for planning – including durable financial power of attorney – housing, income, estate planning and gift tax issues.
-Guardianship, including assistance with the choosing and naming of legal guardianship.
-Assistance with locating a long term care facility and managing the cost of assisted living.
-Explanation of nursing home resident’s rights and help with filing nursing home claims.
-Drafting a living will or advance directives such as power of attorney and long range planning documentation.
Power of Attorney for Money Matters
Having power of attorney for an elderly relative basically means that you can manage their financial affairs – which can sometimes be quite complex. For instance, complications can develop if the choices you make are objected to by other relatives. Disputes over fiscal matters can sometimes lead to audits or leave you exposed to liability. But applying power of attorney doesn’t have to be risky. With the help of your Elder Law Lake In The Hills attorney, you’ll gain an understanding of your legal obligations and take basic steps to have the right documentation of your actions. As a result, you’ll feel secure in your position even if a dispute winds up in litigation.
It is important to keep resources separate and well-organized. If you combine power of attorney funds with your personal finances it can become confusing which expenses are yours and which are related to the beneficiary.
To help steer clear of this potential problem, consider opening a bank account in your elderly relative’s name. With a separate account to handle their financial matters, it is much easier to monitor bill payments and other activity. It is essential to maintain your power of attorney funds separate from your personal funds in the event there are questions regarding your management down the road. It can be an unpleasant experience to account for expenses related to power of attorney after the fact.
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Bank practices may vary, but it is generally advisable to put the account in the name of the individual over which you have power of attorney. This keeps all matters separate, but you’ll still have control over the account. It will also be beneficial when tax season comes around and save you from hassles later on if the Internal Revenue Service ever contests your power of attorney status. While your bank’s policies may be different, usually you can sign checks in your elderly relative’s name as long you include the term “power of attorney” and also sign your own name.
Handling an estate under power of attorney entails some complex practical matters. To avoid any legal conflicts, it is important to assure that all of your actions are fully appropriate. If you have any questions about power of attorney or other related matters, call our firm for a free and confidential consultation.
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Guardianship, Conservatorship, Advance Directives and Living Wills
Elder law is often involved in matters of guardianship because incapacitation on account of illness most often afflicts the elderly. Courts in Illinois are frequently called on to name a guardian for an incapacitated or disabled individual. This entails a legal procedure in which a court determines whether to declare a guardian to manage the affairs of the incapacitated elderly person. This usually includes providing for the person’s fundamental needs, making medical decisions and handling their financial affairs. A conservatorship is similar to a guardianship but it is usually restricted to management of financial affairs only.
Some people elect to make fiscal and health care preparations in advance in case they become incapacitated and cannot care for themselves. An Advance Health Care Directive enables people to state their wishes regarding medical treatment. Other binding forms of preparation would include the drafting of a living will or giving power of attorney to someone so they can make healthcare decisions. Granting financial power of attorney permits that person to handle financial affairs in the event of incapacitation. Issues relating to long-range health care in assisted living and residential facilities may often call for the assistance of an Elder Law Lake In The Hills attorney.
Not surprisingly, health care is a pretty big part of elder law. Seeking and receiving benefits like Medicare are important for general welfare and financial condition. Disagreements regarding medical care can be a common occurrence with respect to elderly patients.
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Many seniors depend on Social Security benefits during their retirement. Problems in obtaining those benefits, transferring them to spouses or dependents or even applying for them in the first place can often require the services of an Elder Law Lake In The Hills attorney. Disabled people can also submit an application for Social Security benefits. That process or appealing an unfavorable decision from the Social Security Administration is also sometimes part of elder law practice.
Estate planning is another area of elder law. It usually involves the transferring of an individual’s property and assets to their beneficiaries after death. This frequently takes place through the probate process, which can be complicated and time-consuming.
If you or one of your loved ones is in need of legal help with an Elder Law Lake In The Hills issue, consult with the Law Offices of Anthony R. Scifo. Whether you have questions about guardianship, estate planning, power of attorney, living wills, advance directives, Social Security or another issue regarding elder law, we can help.
