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Archive for the ‘Elder Law’ Category

The Importance of Elder Law

Wednesday, August 25th, 2010

Today however, Elder-law is becoming a practice that is gaining more widespread acceptance. it is loosely defined as laws that affect the elderly. However, this is only part of the story. Here are the most common aspects of Elder-Law in the United States.


Elder-Law Certifications:

While certification is voluntary, many seniors are advised to seek the counsel of a Certified Elder-Law attorney. The certification requires proof from these attorneys that the following criteria are met:

* licensed to practice law in at least one state
* be actively practicing law for five years prior to applying for certification
* must be a member in good standing in the bars where they are licensed to practice
* have to display that they have averaged 16 hours per week to elder law over the 3 years prior to application plus handled at least 60 elder law cases during that time
* have participated in Continuing Education focused on elder law
* must provide five references from other attorneys with qualifications in elder law
* must pass the elder law certification exam

If an attorney has received certification, you should be able to identify them by the certification initials that follow their names, namely CELA.

Type of Advice available from Elder-Law Practices:

Elder-law is not as simple as it may seem at the outset. Attorneys who elect to specialize in elder law agree that they will assist not just elderly clients, but their caregivers in many cases as well. These attorneys may be involved in planning for health and personal care, helping with powers of attorney, helping with financial aspects including housing, and tax matters. In addition, elder law also encompasses such things as asset protection, public benefits and more.

Elder-law may also delve into more familial matters such as grandparents’ rights, age discrimination for employment, will and trust planning as well as planning for aging and assisting well spouses with planning for long term care for their spouses who are incapacitated. Elder-law specialists may also get involved in capacity hearings, guardianship and patients’ rights while under care at medical facilities.

Protection of Seniors:

In addition to the items mentioned above, there is sadly much reason for us to be concerned about the treatment of the elderly. As economic conditions become increasingly dire for larger percentages of the population it is not unusual for senior citizens to become the target of scams. In addition, family members may begin taking advantage of their elder parents and in some cases this can lead to cases of abuse. It is becoming more critical for those whom are elderly to have their own advocates. This is where elder-law becomes a critical function in the legal field.

As the population growth spurt known as the Baby Boom ages, we are bound to see more need for protection for ourselves or our loved-ones as they age. We may glad to know that the Elder-Law specialty is available for our support and the defense of our rights.

Finding The Best Estate Planning Attorney For Your Family

Saturday, August 8th, 2009

Finding a good estate planning attorney is vital for the success of your estate plan. The best attorney would not be one who is just aware of the legal provisions related to how your estate would be transferred in the manner and to whom you want it to got to. He must possess other qualities also. First of all, he must be a team player. This is because crafting a proper estate plan is not the work of a single individual, but is the result of co-ordinated inputs by a team of accounting, taxation, finance, investment and legal professionals.

An attorney who focuses on real estate planning is much better placed to understand that estate planning requires much more than cut and dried legal advice. He builds a strong and long term relationship with you, which would in fact be much more than what generally exists between a professional and a client. He would help you through the intricate details of the legal requirements of transferring wealth and the related tax implications.

Additionally, he would want to lean the details of the aims that you might have regarding your estate. He would probe by having an intelligent dialogue so that you can express your desires and aspirations about yourself and those whom you love and care for.

A good estate-planning attorney would pay due recognition to all the other professionals from different disciplines, as he is aware of the importance of their contributions to the estate plan as a whole. He will ensure maintaining a meaningful dialogue with them, in the best interests of the client. Hence, you need to look for these traits, which are sure indicators of the quality of an estate-planning attorney. This is how you can find the best estate-planning attorney for your family.

Another good way to find an attorney or firm in your area that specializes in estate planning is to take a look at Cormac McEnery law firm in NYC. Their firm with thirty years of experience concentrating in estate planning, elder law, Medicaid planning, probate & estate administration, estate tax and estate litigation, positions us to provide the finest service. They make you a part of the process, encourage questions, and continually educate you in matters in which you may have little or no prior experience. Cormac McEnery provides highly personalized services to New York City, Manhattan, Bronx, Brooklyn, Queens, Westchester, Nassau and Suffolk Counties.