Texas Senior Care and Housing Directory
Texas Senior Care and Housing Directory


What Is Elder Law?

 Texas Elder Law Attorneys Expertise

Texas Elder Law Attorneys

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A Warning About Medicaid Planners

Texas Human Resources Code Section 12.001 states that non-attorneys are prohibited from charging a fee for assisting or representing a person in obtaining Medicaid benefits from the department. The penalty for violating this practice is a Class A Misdemeanor, punishable by jail and fine.

 The Medicaid eligibility rules are complex and change frequently. It is important to consult with an attorney knowledgeable about this program to get accurate, thorough and reliable advice on your options. Mistakes can be costly and information from non-attorneys is often inaccurate or incomplete.

About Elder Law

Elder law is an area of legal practice that specializes on issues that affect the aging population. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options.

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 long-term important matters.

Many seniors and their families don't use a lawyer to plan for long-term care or Medicaid, often because they're afraid of the cost. But an elder law attorney can help you save money in the long run as well as make sure you are getting the best care for your elder loved one. Instead of taking steps based on what you've heard from others, doing nothing, or enlisting a non-lawyer referred by a nursing home, you can hire an elder law attorney.

What are Special Needs Attorneys?

Special needs attorneys can offer guidance to the trustees, financial planners and personal injury attorneys who serve individuals with disabilities and their families. We can advise:

  • personal injury attorneys on whether or not a special needs trust (SNT) should be created to hold settlement funds;

  • structured settlement brokers on the apportionment of personal injury awards and the use of special needs trusts in conjunction with structured settlements;

  • trustees regarding SNT distributions that will not disqualify one for public benefits

The following are other areas of expertise practiced by elder law attorneys:

  • End of life planning. This could extend to planning your health care support system as you age, setting power of attorney, establishing a living will, and other issues surrounding end of life care.
    Financial issues. This often covers retirement and financial planning, housing financing, income and estate tax planning, and gift tax issues.
  • Long term care. This could include planning for asset protection, insurance for in-home care or assistance with activities of daily living, Medicare planning, insurance, Veterans benefits, and more.
  • Residents rights issues. This could include any claims you bring while a patient in a nursing home or long term care facility.
  • Workplace discrimination issues. Older Americans sometimes face age and disability discrimination in the workplace; an elder law attorney can help you plan and execute your case.
  • Guardianship issues. This might include guardianship avoidance, planning wills and trusts, planning for the future of special needs children, probate court, and other issues surrounding minor or adult children.
  • Landlord / tenant law. This could mean handling disputes with landlords, contesting an eviction, dealing with foreclosure issues, and more.
  • Abuse, neglect, and fraud. These attorneys specialize in cases where an older client is being victimized. In these cases, the attorney can serve as a victims advocate and help get the client placed in a safer area if needed or get restitution from the abuser.

There are special certifications for elder law attorneys such as the Certified Elder Law Attorney credential from the National Association of Elder Law Attorneys (NAELA). To earn this certification, you must have at least five years of experience practicing law, and have spent at least sixteen hours per week in the field of elder law during the previous three years, among other qualifications. The examination process lasts a full day.

An elder law attorney can be a great partner for you as you plan out the legal and financial aspects of the next stage of your life or the life of a loved one. Ask how long the attorney has been practicing, the percentage of his or her practice that has been in elder law, and whether there are aspects of this field the attorney specializes in and you should be able to find the right attorney for you.

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Disclaimer: Elder Options of Texas is not rendering any legal or professional advice.  If legal advice is necessary the reader should consult a competent attorney.

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