Elder Law Lawyers in Chesterfield, MO, Serving the Legal Needs of Senior Citizens and Their Families

The average life expectancy in the United States has risen continually over the past few decades, with an ever-increasing percentage of older Americans living well into their 80s and 90s. Older citizens have unique legal needs that span across several law practice areas, and an Elder Law attorney is well-equipped to cater to all of them. Learn how Elder Law works and how getting help from an Elder Law attorney can be beneficial for you or your aging loved one.

What Is Elder Law?

Elder Law is a more recently created practice area that focuses on the clients it serves rather than on a particular case type. The primary focus of Elder Law is to cater to the diverse legal needs of senior citizens and their families.

Because aging citizens may not only need legal guidance when facing a dispute but also when planning for their future, protecting their assets, and even planning for nursing home care, an Elder Law attorney is well-versed in a variety of elder law issues and legal areas ranging from estate planning to long-term care and Medicaid planning. Most Elder Law or Elder Care attorneys can also be invaluable guidance sources for families with aging loved ones who need legal information, financial planning, and resources to support and protect their loved ones as they get older.

What Can an Elder Law Attorney Do for a Senior Citizen?

An Elder Law lawyer focuses on the rights of aging citizens through every stage they may go through later in life. For example, if an individual has just retired and would like to review their estate plans, an Elder Law attorney can help guide them through the process to ensure that their plans are still in alignment with their goals and financial situation. If a senior citizen is facing a negative situation involving elder abuse or exploitation, an attorney can represent them to ensure their rights are protected.

Another example is when senior citizens and their families are worried about a potential healthcare crisis and would like to make plans to preserve their aging loved ones’ financial well-being while providing them with the healthcare they need. In this case, an Elder Law attorney could assist with the steps needed to qualify the senior citizen to receive government benefits and Medicaid eligibility without exposing their estate to Medicaid estate recovery.

Can an Elder Law Lawyer Take Care of Estate Planning?

The majority of Elder Law attorneys are well-versed in the area of estate planning, but unlike an attorney that solely focuses on estate planning, an Elder Law lawyer can provide a more encompassing approach to help senior citizens not just with estate planning needs but with all other legal matters they may encounter along the way.

Senior citizens have worked hard their entire lives to build their estates and acquire their assets. An Elder Law lawyer can help seniors with the planning and tools they need to ensure they will get to age comfortably and reap the rewards of their lifelong hard work. Elder Law lawyers focus on ensuring seniors get to access the care they need while they are still alive without draining all their finances and preserving their legacy so they have something to pass on to the next generation. All of this can be done in addition to traditional estate planning (which typically includes writing a last will, creating trusts, and other tools).

Can an Elder Law Attorney Help Me Seek Guardianship for a Loved One?

Another aspect an Elder Law attorney can assist clients with is establishing guardianship for an aging loved one who has become mentally incapacitated and unable to manage their own finances or make important life decisions on their own. This can occur when an older person is diagnosed with deteriorating conditions such as dementia or Alzheimer’s disease.

A guardianship allows a family member to become responsible for all of their loved one’s affairs. The guardian is given the authority to handle their loved one’s finances, make decisions, sign legal documents, and manage their loved one’s assets. However, seeking court approval for a conservatorship is usually a complicated and often overwhelming task that starts with the older adult being deemed incapacitated by the court. There are a lot of requirements that need to be fulfilled and paperwork to be submitted in order for someone to be appointed as a conservator. An Elder Law attorney can provide crucial insights and knowledge to guide you through the process – from helping you decide whether a conservatorship is right for your loved one to represent you in courtroom proceedings.

Can an Elder Law Attorney Help With Elder Abuse Cases?

Any person who harms an elderly individual through willfully negligent actions or harmful actions carried out on purpose may have committed elder abuse. Unfortunately, many senior citizens are the target of abuse at the hands of a caregiver they trust. Besides physical abuse and actions that may cause intentional injuries and impairment, seniors can also be victims of emotional and psychological abuse as well as financial abuse.

An elder law attorney can assist with the process of investigating the abusive situation, pinpointing a responsible party, and taking steps to not only stop the abuse but also to seek compensation from the individual or entity (such as a nursing home) responsible for the abuse. If you suspect a loved one is a victim of elder abuse, take action and call the Missouri Elder Abuse Hotline, then reach out to an Elder Law attorney such as the ones at the Mid-America Law Practice, LLC as soon as possible.

Missouri Elder Law Services We Provide

Every family’s situation is different, but most of the seniors and adult children we work with need help with one or more of the following:

• Medicaid planning to help pay for nursing home or in-home care through MO HealthNet while protecting as much of your savings as the law allows.
• Long-term care planning so you have a plan for assisted living, memory care or nursing home costs before a health crisis forces rushed decisions.
• Guardianship and conservatorship when a loved one can no longer make safe decisions and there are no valid powers of attorney in place.
• Durable powers of attorney and healthcare directives so the people you trust can act for you without going to court.
• Wills, trusts and beneficiary deeds that work together with your long-term care plan, not against it.
• Protection from financial exploitation when a senior is being pressured, scammed or taken advantage of.

Why Plan Early for Long-Term Care?

Long-term care is one of the largest expenses many Missouri families will ever face, and Medicare covers very little of it. Families who plan ahead usually have more options. Families who wait until a parent is already in the hospital or a nursing home still have choices, but fewer of them, and decisions have to be made quickly.

Planning early lets you choose who will make decisions for you, decide how your care will be paid for, and put the right documents in place while you are healthy enough to sign them. It also helps adult children avoid the stress and cost of going to court for guardianship.

An Elder Care Attorney Serving St. Louis County and Eastern Missouri

Our office is at 100 Chesterfield Business Parkway, Suite 200, Chesterfield, MO 63005. We help seniors and their families across St. Louis, St. Charles, Franklin and Warren counties, including Chesterfield, St. Charles County, Ballwin, Wildwood, Ellisville, Manchester, Wentzville, Washington, Union, Pacific, Marthasville.

Elder Law FAQs

What is the difference between an elder law attorney and an estate planning attorney?

Estate planning focuses on what happens to your property when you die. Elder law covers that too, but it also deals with the legal issues of aging while you are still living: paying for long-term care, qualifying for Medicaid, protecting a healthy spouse, and planning for incapacity. Many families need both, which is why we handle them together.

When should my parents start planning for long-term care?

Ideally, before they need care. Some Medicaid planning strategies only work if they are put in place well in advance. That said, it is rarely too late to improve your position, even if a parent is already receiving care.

My parent can no longer make decisions. What can we do?

If your parent signed a durable power of attorney and a healthcare directive while they still had capacity, the people named in those documents can usually step in. If not, a Missouri court may need to appoint a guardian or conservator. We can review your situation and explain the options.

Does Medicare pay for nursing home care?

Medicare only covers limited short-term skilled nursing care, usually after a hospital stay. It does not pay for long-term custodial care. For most families, the realiztic options are private payment, long-term care insurance, or Medicaid.

When Should I Consult an Elder Law Attorney?

As you can see, an Elder Law attorney can assist seniors and their families with a wide variety of legal services. However, while many clients seek legal help when facing a crisis situation, the best approach is to be proactive and reach out to an Elder Law lawyer before your loved one becomes too ill or incapacitated to participate in the process of planning for their care later in life.

By starting early and having the plan to protect your loved one’s wishes for long-term care, safeguard their financial well-being and determine how they want their assets to be divided after death, you will be bringing yourself and your family greater peace of mind and will spend less time worrying about any uncertainties the future may hold. At Mid-America Law Practice, LLC, our attorneys have the knowledge and experience to serve seniors and their families, ensuring their rights are protected and that they are able to enjoy life to the fullest and leave a legacy for the next generation. Reach out to our law office in Chesterfield, MO, at (314) 818-8807 and request a free consultation to learn how we can help you.