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Browse our 5 legal questions about Elder Law in United States and the lawyer answers, or ask your own questions for free.
Elder Law is a specialized area of legal practice that focuses on addressing issues affecting elderly and disabled individuals. In Chicago, Illionis, it encompasses a broad range of issues including estate planning, probate succession, healthcare management, guardship, retirement benefit disputes, Medicare/Medicaid issues, elder abuse, and nursing home rights. This area of law also incorporates provisions of the Older Americans Act, the Illinois Elder Abuse and Neglect Act, and other federal and state legislation aiming to protect the rights and welfare of elder citizens.
Common situations where elder individuals may require an Elder Law attorney could be when drafting wills and trusts or setting up estate plans. Establishing advanced healthcare directives, long-term care planning, and seeking assistance with benefits such as Medicare or Medicaid are other scenarios. Situations involving elder abuse, whether physical, emotional, or financial, require immediate legal intervention as well. Navigating these situations can be tough, hence having a lawyer by your side who specializes in Elder Law could be invaluable.
An understanding of local laws is critical to effectively navigate Elder Law. The Illinois Probate Act governs issues related to estate succession and guardianship, ensuring that the elder individual's rights and wishes are respected. The Illinois Elder Abuse and Neglect Act is aimed at protecting senior citizens from any form of abuse, neglect or financial exploitation. These, along with other specific laws and provisions, form the backbone of Elder Law practice in Chicago.
An Elder Law attorney can ensure that you are taking advantage of all the benefits you qualify for while preserving your assets as much as possible. They know how to legally and ethically convert countable assets into exempt assets.
Yes, an Elder Law attorney can provide representation to victims of elder abuse, help them obtain protective orders, and recover damages for harm inflicted.
Estate Taxes are governed by both federal and Illinois state laws. An Elder Law attorney can assist in estate planning to mitigate these taxes.
Through living wills, healthcare proxies, and powers of attorney, senior citizens can ensure their decisions are respected when they cannot express them. An Elder Law attorney can assist in setting up these documents.
If you suspect nursing home abuse, contact an Elder Law attorney immediately. They can guide through the process of reporting the abuse and seeking justice.
The Illinois Department on Aging, the Alzheimer's Association - Illinois Chapter, and Chicago Elder Abuse Task Force provide resources and support. National resources like the National Center on Elder Abuse and the American Bar Association's Commission on Law and Aging are also worth exploring. Legal Aid Chicago’s Senior Citizen Project provides free legal services to low-income persons age 60 and over who live in Chicago.
If you believe you require legal assistance in Elder Law, start by identifying experienced Elder Law attorneys in your locality. Understand their specializations, consult on your situation, and select a lawyer who can appropriately represent your interests. Remember, it's never too early to plan and protect your rights and assets.
