Elder care
laws embody a wide range of legal issues. These issues may include health care directives such as a health care proxy and living will, Medicaid planning, living trusts and power of attorney. In addition, many elder care laws relate to an individual's future care, for both health care concerns and other economic concerns. These issues can sometimes be neglected and result in complicated situations with no clear indication as to how the individual would like to be cared for. Ultimately, elder laws aim to assist older generations plan for their future.
Health Care Directives
A significant area of elder care laws applies to health care directives. Health care directives are written documents which express how a person would like health care decisions to be made in the event the person is unable to do so on their own. Thus health care proxies, living wills and do-not-resusciate documents all come within the gambit of health care directives. Every state has different statutes applicable to the use and content of health care directives. While some states recognize living wills, other states do not. For instance, New York does not have a living will statute; therefore, living wills are not legally recognized in the State of New York. It is crucial to check with the requirements of your particular jurisdiction when contemplating health care directives.
Medicaid Planning
Another significant area of elder care laws is Medicaid and Medicaid planning. Frequently, when an individual requires long term care, that person seeks to apply for, and utilize, Medicaid as a form of payment for the long term care. Medicaid is an income-based governmental benefit which may pay for a portion or all of health care expenses. Medicaid laws are quite lengthy and complicated; navigating the applicable law can be a tedious, arduous task. Medicaid laws contain: regulations on the level of assets a person can retain before qualifying for the government benefit; the method in which a person may dispose of assets in order to qualify for Medicaid; how a person can apply for Medicaid; what documents may be required for the benefit; and many other provisions.
Living Trust Laws
Another area included in the domain of elder care laws pertains to the use of living trusts. Living trusts are legal documents in which the person who sets up the trust (the "settlor") gives another person the right to manage assets held in the trust (the "trustee"). Generally, as one contemplates end-of-life care and planning issues, the use of a living will may be discussed. The living trust can include all types of property, from real property such as a house, to vehicles, liquid assets or other properties. The trustee manages and controls the assets in the trust, pursuant to powers bestowed upon the trustee by the settlor. The use of the trust assists a person when planning for incapacity or end-of-life issues. Living trust laws vary by state and therefore it is necessary to determine your state's requirements when seeking to have a living trust.
Power of Attorney
Another key area of elder care laws relates to power of attorney. A power of attorney is a document which provides that another person can essentially step into the shoes of the person issuing the document, and make non-health related decisions. The power of attorney also allows a person to take action to execute any decisions. Such a document is imperative when planning for incapacity or end-of-life issues, as the document permits someone to act when you are unable to do so on your own. Each state has different laws relating to power of attorney and therefore it is important to check the particular requirements of your jurisdiction.
Last Will and Testament
The use of a last will and testament is another issue which falls within the scope of elder care laws. A last will and testament, also known as a "will," is a document in which a person specifies how they would like assets and property distributed upon his or her death. The law of each state is different as to how the document must be structured, what may or may not be included in the will and how many witnesses must observe the signature of the person executing the will. As a result, it is imperative to consult the law of your state when seeking to draft a will.
