Best Elder Law Lawyers in Missoula

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Browning Kaleczyc Berry & Hoven P.C

Browning Kaleczyc Berry & Hoven P.C

Missoula, United States

Founded in 1982
49 people in their team
Since its beginning as a small office with two attorneys in 1982, BKBH has become recognized as a leading law firm for Montana businesses and...
English
Boone Karlberg

Boone Karlberg

Missoula, United States

Founded in 1946
30 people in their team
The FirmWe have provided legal services in Missoula since 1946. Throughout our long history, we have advocated on behalf of clients, managed risk,...
English
Dorsey & Whitney LLP

Dorsey & Whitney LLP

Missoula, United States

Founded in 1912
1,390 people in their team
worldwide advantageYOUR BUSINESS REQUIRES AN ADVANTAGE, AN EDGE, TO SUCCEED IN A HIGHLY COMPETITIVE WORLD.Dorsey’s lawyers and staff can help you...
English
BJORNSON JONES MUNGAS, PLLC

BJORNSON JONES MUNGAS, PLLC

Missoula, United States

Founded in 1998
11 people in their team
Bjornson Jones MungasWhat We DoAs a law firm, Bjornson Jones Mungas excels at helping clients identify and prioritize goals, anticipate obstacles and...
English
Datsopoulos MacDonald & Lind

Datsopoulos MacDonald & Lind

Missoula, United States

Founded in 1974
38 people in their team
When you need an attorney, you have many choices.Only one firm has the commitment, driven by passion, to provide the timeliest, most informed counsel...
English
Crowley Fleck

Crowley Fleck

Missoula, United States

Founded in 1895
350 people in their team
Crowley Fleck PLLP is one of the oldest and largest law firms in our region. Our law firm counts over 175 attorneys practicing in the areas of...
English

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Missoula, United States Attorneys in related practice areas.

About Elder Law in Missoula, United States

Elder Law refers to the area of legal practice that focuses on issues affecting the aging and elderly population in Missoula, United States. This includes matters such as estate planning, wills, trusts, guardianship, protection against elder abuse (physical, emotional, and financial), and retirement planning. Elder law also covers long-term care and healthcare planning which may involve Medicaid, Medicare, and social security laws. Despite being a relatively small city, Missoula has several legal professionals specializing in this important field of law.

Why You May Need a Lawyer

There are several reasons you may need a lawyer skilled in Elder Law. As one ages, creating a clear plan for personal healthcare decisions and estate distribution is essential. An experienced lawyer can assist with estate planning, drafting wills and trusts. They can also provide advice on power of attorney designations and living wills.

Various legal issues surrounding Medicare, Medicaid, and benefits entitlement can be complex to navigate without proper legal guidance. Lawyers also play a vital role in safeguarding the rights of the elderly, providing legal assistance when cases of fraud, exploitation, or abuse occur.

Local Laws Overview

Missoula, like the rest of Montana, follows the Montana Uniform Probate Code (UPC) for matters related to estate planning and administration. The state's laws are aimed at protecting the rights of the elderly and ensuring their needs are met. These include legal provisions to protect against elder abuse, laws around consent for healthcare decisions, rights to governmental benefits, and regulations on retirement facilities.

Frequently Asked Questions

1. What is considered Elder Abuse?

Elder abuse can be physical, emotional, sexual, exploitation, neglect, or abandonment. Specifically, elder abuse is any action that intentionally harms or creates the risk of harm to an older person by a trusted individual or caregiver.

2. How can an Elder Law Attorney help with Medicare, Medicaid issues?

An Elder Law Attorney can provide legal advice related to eligibility, claims, and appeals related to Medicare and Medicaid. They can also help structure assets to ensure eligibility for Medicaid and long-term care without complete depletion of savings.

3. Can a lawyer assist with creating a living will or durable power of attorney?

Yes, an elder law attorney can provide counsel on legal documents such as a living will or durable power of attorney, ensuring they are accurately drafted and meet the client's needs.

4. What does it mean for an elder to be declared mentally incapacitated?

Being declared mentally incapacitated means a court has ruled that a person cannot make certain types of decisions because they are unable to understand their situation and consequences. If declared mentally incapacitated, a guardian will be appointed to make decisions on the elder's behalf.

5. Do nursing homes have particular regulations to follow?

Yes, nursing homes must meet specific federal and state guidelines to operate legally, ensuring high levels of care and protection for residents. Violations can result in lawsuits and severe penalties.

Additional Resources

The State Bar of Montana and the local city or county Bar Association offers several resources for understanding Elder law. Additionally, the Montana Department of Health and Human Services provides resources and services specifically for elder residents.

Next Steps

If you or a loved one requires legal assistance in matters of Elder Law, it is crucial to seek professional advice. Identify skilled and experienced lawyers who specialize in Elder Law in Missoula. Many law firms offer free consultations to understand your needs and outline how they can assist.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.