Understanding Elder Law: Issues in Estate Planning, Medicaid, and Long-Term Care Benefits |
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The practice of elder law is unique because it includes key elements of several specialties, but only as they relate to the special needs of the older client. To help practitioners understand and better represent these clients, this new handbook provides a broad introduction to the legal rights of the elderly.
The initial chapter focuses on what may be new challenges for the lawyer in working for an elderly client, along with difficulties in determining who is being represented -- the older person, the family members who may be involved in the communications, or both -- as well as critical issues related to determining the competency of the individual. Subsequent chapters focus on key issues in handling the legal needs of older clients:- How to draft advance directives that address the client's concerns
- Planning for incapacity and issues to consider, such as joint tenancy, durable powers of attorney, and living trusts
- The major federal benefits programs: social security, veterans benefits, Medicare, and supplemental security income
- The basic questions about Medicaid eligibility and planning techniques in order to qualify for this benefit
- An overview of the various types of retirement plans and retirement benefits available
- Taxes and tax planning issues, including information about estate, gift and generation-skipping taxes and the effects of the 2001 Tax Relief Act changes, as well as estate planning techniques used to minimize tax liability in larger estates
Included in the book and on an accompanying diskette are 10 forms, including a living will directive, a durable power of attorney, an annuity agreement, and sample trust forms.
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