Elder Law FAQ

Las Vegas Elder Law Attorney

What is elder law?

Since the early 2000s, elder law has become a specialty area of law that is devoted to the legal issues of senior citizens, and it includes estate planning, health care, and planning for incapacity or mental incompetence. One reason why elder law has drawn so much attention in recent years is because of the rapid increase in the elderly population, and because today's elderly population is wealthier and more educated than ever before.

Why should I be concerned about medical care?

One of the primary issues for older people is planning for their medical care. Through a living will, an older person can give directions about the termination of life support in the event of a terminal illness, permanent unconsciousness or brain death. If you don't make this decision ahead of time, the burden will fall on your spouse or children and this can be a very difficult decision for them to make.

How can I protect myself and my family if I get Alzheimer's?

An elderly person has the option of placing their healthcare decisions in the hands of a trusted third party with an advanced healthcare directive through a durable power of attorney. This legal document allows an elderly person to appoint someone they trust such as their spouse or their child to make major healthcare decisions in case they become mentally incapacitated because of Alzheimer's or another health condition.

What types of guardians are there in Nevada?

There are various types of guardianships; the state of Nevada recognizes guardians for people, estates, people and estates, and temporary guardians. The guardian for a person is responsible for the ward's care, maintenance, educations and support, whereas a guardian for an estate is responsible for protecting, preserving, managing and disposing of the estate in the ward's best interests.

The guardian of an estate is strictly responsible for financial decisions. A guardian for the person and the estate is responsible for the financial, medical and social decisions for the ward. A judge may order a temporary guardian of the person and the estate when the proposed ward can demonstrate that the ward faces immediate risk of financial loss or physical harm or needs immediate medical attention.

Why is Medicaid planning so important?

Unfortunately, it's not uncommon for nursing home residents to exhaust their life savings on long-term care. The good news is there are alternatives. The best time to plan for long-term care in order to protect your assets for your loved ones is through Medicaid planning when you're still healthy. Since you've worked so hard to settle your mortgage and develop a comfortable retirement fund, the last thing you want to have happen is watch it all slip away if the unthinkable happens and you wind up needing t spend your remaining years in a nursing home.

Through Medicaid planning, you can rearrange your finances and assets so that your countable assets can be exchanged for exempt assets, or they can be otherwise made inaccessible by the state.

There are many ways to shelter your countable assets; therefore, we urge you to consult with one of our Las Vegas elder law attorneys as soon as possible to begin the process of Medicaid planning.

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