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Elder Law: Legal Planning for Seniors

Elder Law: Legal Planning for Seniors

RLL_spreads_Elder Law

Elder Law: Legal Planning for Seniors

Author: Maria B. Whealan, Esq. and Susan G. Parker, Esq.
Buy Book: Amazon

Whether you’ve experienced the decline of an old friend with health problems, worry about the loss of your own mental faculties or have children nagging you to get your affairs in order, you’ve entered the world of “elder” law. Just as new parents buy baby books, seniors need to be prepared for the legal and health care issues that come with aging.

This Real Life Legal™ guide has been written by two practicing elder law attorneys who know firsthand that the most important part of elder law is making decisions at a time when you still can. With this book, you’ll learn about the difference between a will and a living trust, or how you’ll pay for a nursing home if you need one.

Covering more than the basics, here you’ll learn why you may want to set up a trust to avoid probate, protect assets, or provide for a special needs child. You’ll learn how trusts can provide for your pet and/or lower your tax bill. We even make it easy to understand the health care puzzle of how Medicare, Medicaid, Medigap insurance and long-term-care health coverage can provide the coverage you need in your old age.

Want to know what it takes to plan for your future? We cover all that here. And make it easy to understand.
Real Life Legal™ wants you to be prepared.

Susan G. Parker is a tax attorney who specializes in estate, elder and business planning. She is licensed to practice law in New York and Florida.

Maria B. Whealan is an attorney working with elder law, estate planning and mediation. She is licensed to practice law in New York and New Jersey.

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Table of Contents

What This Book’s About

What Does “Elder Law” Mean?

Getting a Lawyer to Help

Legal Documents for Seniors

Wills and Trusts in Estate Planning

The Importance of Having a Will

What Is a Trust?

Trusts in Estate Planning

Living Trusts

Revocable vs. Irrevocable Trusts

Estate Tax Planning

Signing Legal Documents

Legal Capacity

Why Plan Now?

Health Care: Advance Directives

What Is a Health Care Proxy?

Choosing Your Health Care Agent, Proxy or Surrogate

What a Health Care Directive Provides

Getting a Health Care Directive Form

Who Gets Copies of Health Care Directives?

Out-of-state Health Care Proxies

Medical Providers Refusal to Follow Your Instructions

Revoking a Health Care Proxy

If You Don’t Have an Advance Directive or Health Proxy

End-of-life Care Decisions

Differences Between Living Wills and Health Care Proxies

Powers of Attorneys (POAs)

General vs. Limited Power of Attorney

Durable Power of Attorney

A “Springing” POA

Choosing an Agent for Your POA

Common Questions About Powers of Attorney

Should a Lawyer Prepare a POA?

Who Should Get Copies of a POA?

Can a POA Be Used to Make Health Care Decisions?

How Do I Revoke a POA?

Health Care Planning for Seniors

Social Security, Medicare and Medicaid, Oh My!

Paying for Health Care

Complex Rules Apply to Medicare and Medicaid

Medicare

Enrolling in Medicare

What Is Covered by Medicare?

Paying for Health Care Expenses Not Covered by Medicare

Medigap Insurance

Medicare SELECT Policies vs. Medigap Policies

How You Qualify for a Medigap Policy

Medicaid

Medicaid Eligibility Requirements

Medicaid Planning

Medicaid Look-Back Rule

Medicaid Payback Provisions

Medicaid Planning with Trusts

Long-term Health Care Insurance

When Does LTC Coverage Start?

LTC Policy Features

LTC Insurance Planning in Tandem with Medicaid

LTC Insurance Partnership Programs

Failing to Plan: Guardianship and Conservators

Guardians and Conservators

When Is a Guardianship Needed or Required?

Appointing a Guardian

Responsibilities of a Guardian

Benefits and Resources for Seniors

Online Resources for Seniors

Glossary

About the Authors

About Real Life Legal™

Real Life Legal™...
We want YOU to be prepared!

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