Discover a wealth of resources dedicated to the complexities of legal issues affecting older adults. Visitors will find informative articles, expert video interviews with elder law attorneys, and concise legal glossary definitions that cover topics such as estate planning, guardianship, Medicaid, and long-term care. Whether you're seeking guidance on wills, trusts, or elder abuse, this category provides essential insights to help you navigate the intricacies of elder law with confidence.
An elder law attorney can help resolve five common issues—Medicaid and long-term care planning, estate planning, guardianship, elder abuse, and benefits appeals—before they become costly crises. These problems often arise as health declines or care needs increase, and small delays can limit legal options. This article explains the warning signs, what an attorney can do, […]
A lawyer proves liability in a nursing home physical assault case by showing 4 elements: duty, breach, causation, and damages. In Atlanta, this is built with incident reports, medical records, surveillance footage, staff logs, witness statements, and expert testimony. This article explains the evidence, legal theories, and steps used to hold facilities accountable. In Atlanta, […]
The Medicaid look-back period is 60 months (5 years) before you apply, during which asset transfers are reviewed. Gifts or below-market transfers can trigger a penalty period delaying nursing home Medicaid coverage. This article explains the 5-year rule, penalties, and planning steps to protect savings. What Is the Medicaid Look-Back Period? If you or a […]
A spendthrift trust is an estate planning trust that restricts distributions and generally prevents most creditors from reaching a beneficiary’s trust interest. A trustee controls when and how funds are paid out, helping protect inheritances from poor money management and creditor claims. This article explains how it works, key benefits, and common limitations. A spendthrift […]
A special needs trust is a trust that holds assets for a person with a disability so they can keep means-tested benefits like SSI and Medicaid. It lets funds pay for supplemental needs (e.g., therapies, education, transportation) without being counted as the beneficiary’s resources. This article explains how special needs trusts work, common funding sources, […]
A conservatorship is a court-ordered arrangement that appoints 1 conservator to manage the personal and/or financial affairs of an adult who can’t do so safely. It’s typically used when illness, disability, or age-related decline prevents informed decision-making and requires court oversight. This article explains how conservatorships work, who can petition, and key alternatives. A conservatorship […]
An undue influence claim alleges that someone used manipulation or pressure to override another person’s free will—often affecting a will, trust, or major financial decision. It commonly arises when a vulnerable person is isolated or dependent and a trusted individual benefits unexpectedly. This article explains the legal elements, red flags and evidence, who can file, […]
A codicil is a written legal amendment to an existing will that changes, adds, or revokes specific provisions without replacing the entire document. It must generally be executed with the same formalities as a will—such as proper signing and witnessing—to be valid under state law. This article explains what a codicil is, when to use […]
Gift tax is a federal tax that may apply when you give someone more than the annual exclusion amount—$18,000 per recipient in 2024—though most people owe $0 because of the lifetime exemption. In many cases, you still must file IRS Form 709 to report gifts above the limit, even if no tax is due. This […]
A living will is a legal document that states your medical treatment wishes if you become unable to communicate them. It guides doctors and loved ones on care you want or refuse, often alongside other advance directives. This article explains living wills, how they differ from advance healthcare directives, and what they cover. A living […]
An advance directive is a legal document that records your health care wishes and can name a medical decision-maker. It guides doctors and family if you’re incapacitated by illness or injury. This article explains why you need one, what it covers, and how to create or update it. An advance directive is a legal document […]
A durable power of attorney is a written legal document that authorizes 1 trusted agent to handle your financial matters if you become incapacitated. It stays effective even after incapacity, allowing tasks like paying bills, managing accounts, and signing documents without a court-appointed guardian. This article explains how a DPOA works, who to choose, and […]
