Elder Law is a legal practice area that focuses on the unique legal issues affecting senior citizens, including estate planning, healthcare, long-term care planning, guardianship, and protection from elder abuse. Elder Law attorneys are equipped to provide legal assistance to seniors and their families, and they understand the complexities and nuances of laws and regulations that affect the aging population.
Overall, Elder Law attorneys work to protect the legal rights and interests of seniors, providing guidance and support to help them navigate the complex legal landscape and plan for a secure and comfortable future.
Learn more about our Elder Law services.
The ability to age in place — or live in your own home or community as you age — is based on health, home accessibility, social support, and financial considerations. Therefore, it’s important to carefully assess your unique situation and make informed decisions about aging in place or other housing options in Omaha, based on specific needs and circumstances. A report from the University of Michigan cited in Seasons’ article entitled “Pandemic has made seniors more confident about aging in place, study reports” found that only 15% of seniors had given home modification much consideration. However, it’s a good idea for families to use this time to plan ahead for either aging in place or choosing other housing options based on the choice of the senior and key considerations. It’s important to center seniors in the decision-making process and talk to them about their needs early. “A portion of seniors are aging in place but are also stuck in place. They don’t have the financial resources to help them move or relocate or downsize, or they cannot afford to live in the nursing homes.” Kiplinger’s recent article, “Six Key Housing Factors to Consider as You Age,” advises that where you…
Gathering with the family for a Fourth of July celebration is a heartwarming time for the family’s oldest members. It’s a day to celebrate our great nation’s independence, but also a time to take a long look at the generations of the family gathered around the table, making you proud and hopeful for the future. This is also the time to consider what plans are in place to ensure you can maintain your own independence in the coming years. This includes creating or updating your estate plan, to be sure it reflects your wishes for your future and your family’s future. Your planning may also include preparing for long-term care and taxes. Planning for incapacity is an important part of your estate plan. It makes it possible for your family to take care of you, should you become too sick or injured to be able to manage your own affairs or communicate your wishes. Use the following checklist to know which documents to look for in a review of your existing plan or to create a new one with our Iowa Falls elder law office. Medical Power of Attorney: This document names a primary and secondary person to make health…
Congratulations, Dad. You’ve raised your children, who now have children of their own. Despite all the obstacles of recent years, the family is thriving. You feel good about how you’ve led your life and are hopeful about the years ahead. The next thing on your agenda: creating a legacy of caring for your family. This Father’s Day, consider how the actions you take now can strengthen your legacy. Your legacy includes sharing the values and history of your family. The next time a grandchild points their phone at you and asks you what your childhood was like or asks to learn more about your own parent’s journey, don’t be shy. Tell them the stories you were told, even if you don’t have every single detail. Teach your adult children by example the importance of planning for the future. Having an estate plan prepared professionally is not overly burdensome and alleviates stress and expense for the family. If you have an estate plan in place, including a will, Power of Attorney, Health Care Power of Attorney and Living Will, talk with them about it. Make sure they know you’ve already taken steps to protect them, even when you’ve passed. Knowing Dad…
For individuals with disabilities, an inheritance or settlement can jeopardize a their government benefits, such as Medicaid and Supplemental Security Income (SSI). A special needs trust (SNT) can help the individual remain eligible for these benefits while ensuring they have additional financial support. What Is a Special Needs Trust? A special needs trust (SNT) is a type of trust that can be created to benefit a person with a disability. Special needs trusts offer a number of benefits to the individual: Helps ensure they stay eligible for public benefits Supplements their income, so that they can pay for needs not covered by public benefits (such as education or recreation) Preserves any assets they may have from an inheritance, a lawsuit settlement, or gifts Special needs trusts may also be referred to as supplemental needs trusts. What Is the Role of the Trustee? The trustee plays a critical role in the life of the special needs trust beneficiary. Serving as the trustee of an SNT involves several important considerations and responsibilities. In managing the SNT, the trustee must act in the best interests of the trust beneficiary. They must make decisions that help the beneficiary maintain their public benefits as well…
People usually make gifts for three reasons—because they enjoy giving gifts, because they want to protect assets, or minimize tax liability. However, gifting in one’s elder years can have expensive and unintended consequences, as reported in the article “IRS standards for gifting differ from Medicaid” from The News-Enterprise. The IRS gift tax becomes expensive, if gifts are large. However, each individual has a lifetime gift exemption and, as of this writing, it is $12.06 million, which is historically high. A married couple may make a gift of $24.12 million. Most people don’t get anywhere near these levels. Those who do are advised to do estate and tax planning to protect their assets. The current lifetime gift tax exemption is scheduled to drop to $5.49 million per person after 2025, unless Congress extends the higher exemption, which seems unlikely. The IRS also allows an annual exemption. For 2022, the annual exemption was $16,000 per person. Anyone can gift up to $16,000 per person and to multiple people, without reducing their lifetime exemption. Be sure to read our article, IRS Announces New Lifetime and Gift Tax Exemptions. People often confuse the IRS annual exclusion with Medicaid requirements for eligibility. IRS gift tax…
Mom’s aging. And the faithful caregiver who has been there for you throughout your life may now be starting to show signs of aging like forgetfulness or anxiety over making big decisions. If dad's passed away or unable to help care for mom, sooner than later, whether she wants to admit it or not, she will need your help. As life expectancy increases, and baby boomers advance well into senior years of their own, the need for caregiving in Iowa Falls will only continue to rise. But who will provide caregiving for mom once her memory really fades or she needs regular nursing care? What happens if a nursing home is necessary? Do you know whether mom has a plan for nursing care expenses if she might need it? What legal documents does she have in place to express her wishes for care? According to Wealth Psychology Expert and Coach Kathleen Burns Kingsbury, 61% of women would rather talk about their own death than money. Many older women in the Midwest were raised thinking that “it’s a man’s job to manage money,” and therefore, women are often uncomfortable talking about money or finances or may simply be unaware of their…
Thinking on a very practical level, if you were a thief and had to choose a target, it would likely be someone who has wealth and is vulnerable—the picture of an elderly person, especially one who is likely to be isolated and may have cognitive issues. According to the Federal Trade Commission, consumers aged 60 and older filed 467,340 fraud reports in 2021, reporting total losses of more than $1 billion. A recent article from cbsnews.com, “How to protect elderly parents from financial scams,” says that consumers age 60 and older are less likely to report losing money to fraud than those aged 18—59. Still, when they do report a loss, it tends to be for more money, especially among those 80 and older. They have the highest median loss of all groups. Older adults in states like North Dakota, Iowa, and Nebraska are likelier to lose money on scams involving tech support, prizes, sweepstakes, lotteries and friends and family impersonations. What can you do to protect your elderly parents against scammers? Talk about it. Scams target everyone. Therefore, it is an easy topic to bring up. First, start the conversation with your experiences or a trending news story. Next,…
Chief among the findings of a 2022 AARP survey of Nebraska voters is an emphasis on improving support for families providing long-term care services who are likely to suffer from caregiver burnout. Changing workplace policies for employees who serve as caregivers to provide unlimited unpaid work leave as well as increased paid leave for caregiving duties were top desires for those surveyed. According to a new survey by Seniorly, a national network of senior care advisors, besides losing members of the workforce who give up their jobs to take care of others, over the past six years, the percentage of family caregivers who say their own health status is fair or poor nearly doubled, going from 12% to 21%. Clint Rendall with Aadi Bioscience, biopharmaceutical company, agrees that being a caregiver can place a lot of mental, physical, and emotional strain on individuals. "We get so stressed personally," Rendall said. "Whether that's with the workplace, or providing care for someone that we stop caring for ourselves and then it's sort of a vicious cycle." Unfortunately, many family caregivers experience burnout characterized by mental, physical, and/or emotional exhaustion that impacts one's wellbeing and causes an individual to shift in their life…
Many families discover that trying to mitigate the cost of long-term care can conflict with another common retirement concern—reducing taxes for retirees and their heirs.
A consultation is an initial meeting with a lawyer. During this meeting, you can discuss your unique situation and your concerns.
