Ask Questions First

• How long has the attorney been in practice?
• Does his or her practice emphasize a particular area of law?
• How long has he or she been in this field?
• What percentage of his or her practice is devoted to elder law or special needs planning?

What does elder law include?

Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

What do elder law attorneys look for?

The ideal elder law attorney will be well-connected with other care professionals in your area. He or she should be able to direct you to elder care coordinators, social workers, and nursing home directors who can work with your attorney to help you make the best decisions for your long-term care needs.

Can a lawyer determine mental capacity?

According to California Powers of Attorney and Health Care Directives, published by CEB, the attorney representing a principal in the drafting of a DPOA for financial management typically determines the mental capacity of the client. Of course, you can create a DPOA without an attorney.

What are elder rights?

Elder rights are the rights of the aged, who in the United States are not recognized as a constitutionally protected class.

Who determines mental incapacity?

Incapacity can always be contested by a family member or even the person in question. If that happens, the court will usually retain a psychiatrist or psychologist to assist in the determination. The court will then consider the opinions of these mental health professionals in making its final ruling.

Why are elderly rights important?

Protecting the rights of older adults and preventing their exploitation, abuse and neglect is critical. Programs are in place to assist seniors in exercising their rights, help secure benefits to which they are entitled and work to protect them from abuse and exploitation.

What is the 2 stage test of capacity?

The MCA sets out a 2-stage test of capacity: 1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? 2) Does the impairment mean the person is unable to make a specific decision when they need to?