Elder Law

San Jose Elder Law Attorney

Our California Law Firm Proudly Assists Clients with the Complexities of Elder Law and Estate Planning Concerns for Elders 

By 2050, older Americans are expected to outnumber the younger among us. With so many Americans entering their elder years, they must understand estate and elder law planning. Elder law affects not only those of advanced age but also their loved ones, family members, and business partners.

Most people, regardless of their age, believe that estate planning and elder law concerns can be left until later without reason for worry. At our California law firm, we try to impress upon seniors and their family members the importance of elder law planning, estate planning, incapacity planning, and planning for end-of-life care. It’s never too soon to create an estate plan, but there is such a thing as waiting until it is too late.

Experienced elder law attorneys can assist you and your loved ones through estate planning, including nursing home planning, probate law, and other estate planning services. Our compassionate elder law legal team has decades of combined experience and a wealth of resources to help you accomplish your estate planning goals.

To discuss the benefits of retaining an elder law lawyer for you or your parents, please contact our San Jose law office to schedule your initial consultation today.

What is California Elder Law? 

Elder law is a broad term for practice areas that deal with the legal and practical matters of people aging into their senior years. However, elder law can be a valuable consideration for virtually any adult in California, as we all get older every day.

Elder law emphasizes issues related to an individual’s ability to maintain independence and dignity while seeking solutions to protect their financial assets as they look forward to the future. Elder law encompasses several legal matters, including long-term care planning, plans for incapacity, and estate planning needs. Additionally, elder law can provide assisted living or nursing home care solutions.

Elders have unique legal needs and are sometimes unprepared for the challenges inherent in getting older. For this reason, it is strongly recommended that elders or a trusted loved one seek the legal counsel of elder law lawyers. Our law firm is dedicated to our clients, and we will consider all legal options as we advocate on your behalf.

What is the Importance of Medicare and Long-Term Care Planning?

Long-term care, Medi-Cal, and Medicare planning are among the more important aspects of elder law.

Medicare is health insurance for adults over the age of 65. It provides financial support to elderly communities for doctor visits and hospital stays but provides very few services for nursing care. Medi-Cal is a state-run program that provides health insurance for limited-income individuals who meet certain criteria. Medi-Cal planning involves developing a solution to reallocate assets so that you can qualify for the government benefits program.

Adults have a one in five chance of needing long-term care for a disability or some other need before retirement age. Those aged 65 and above have a two in five chance of needing long-term care, and those above age 80 have a three in four chance of needing access to long-term care. Long-term care facilities like nursing homes can be expensive, and stays at these facilities are not typically covered by Medicare or private health insurance. While Medi-Cal will pay for certain costs associated with long-term care, you need to properly plan for this eventuality with the assistance of an elder law attorney.

When to Begin Planning for the Future with the Help of a San Jose Elder Law Attorney?

Parents may expect a younger family member to provide the same sort of dedicated protection and assistance that they believe they offered in life when it comes time for them to enter assisted living. However, even when our children have the purest of intentions, they cannot always be there to help us. It is essential that you take steps to help yourself while you still can, or else you risk being unable to protect your interests once you are older and potentially disabled.

While we understandably want to believe we know the wishes of family members or partners, without proper legal documentation, it may be impossible to assuredly see that their needs are met and desires are fulfilled.

The time to start looking after your future or the future of any dependent adult is now, not later. Secure a path forward with the help of our elder law attorney.

How to Protect the Elderly from Elder Abuse, Neglect, and Exploitation?

Elder abuse harms more victims than we’d like to believe. Types of elder abuse may include physical assault, neglect and endangerment, psychological abuse, sexual abuse, and financial exploitation.

While elder neglect and abuse are commonly associated with nursing home facilities, the majority of such cases actually occur in the home. In most elder abuse and neglect cases, the abusers are family members or close loved ones.

Elder abuse can result in preventable illnesses, avoidable injuries, and even wrongful death. We must understand the evidence of abuse and take reports of abuse very seriously. In the interest of protecting elders from abuse and exploitation, you should gather all valuable evidence and report the suspected misconduct immediately.

Is it Time to Consider Adult Conservatorship?

Elder law lawyers help family members and dependent adults with the legal issues of adult guardianship.

When an adult has health conditions such as dementia, physical disability, or other conditions that make them unable to care for themselves or their day-to-day needs, it may be necessary to consider the benefits of conservatorship.

Sometimes, older adults dispute the need for a conservatorship, asserting the desire to continue making decisions and retaining autonomy over their lives. Elder law attorneys can represent the elderly fighting back against conservatorship or the interests of loved ones looking after their senior family members.

Call or Message Our Estate Planning Law Firm to Begin the Attorney-Client Relationship Today

Estate planning and elder law concerns should be reviewed regularly to keep up with changing needs as we grow older. Consider the benefits of working with an attorney to update wills, trusts, and other estate planning documents. If you appoint our elder law attorney as your legal representative, the attorney and his legal staff will explore all options to ensure that needs are being met and that all questions or concerns are answered with respect and compassion.

To learn more about the advantages of retaining professional legal representation from our California law office, please contact us by either calling  408-443-2397 or using the contact form on our site.

We look forward to speaking with you.