Elder Law Services in CT
Elder Law is a combination of legislation that identifies the rights and responsibilities that apply to those who are considered elderly or old. Elder law is intended to facilitate senior citizens in handling their own personal and financial affairs to their contentment.
How an elder law attorney can help
The following are the services provided by Connecticut elder law attorneys:
- Application for government benefits. The federal and state government of CT provides several types of financial help to the elderly people. Social Security, Supplemental Security Disability Income (SSDI), and energy assistance are some of the many programs available to pay for utilities. The applications for these benefits can be difficult at times.
- Assistance obtaining health insurance. Medicare is an insurance program for people aged 65 or older, and it helps people with lower incomes obtain health care benefits. Since older people are more likely to get ill, an elder law lawyer in CT can guide him or her through the different insurance programs available.
- Crafting of an estate plan. Estate plans include creation of legal wills, unalterable trusts, and planning for the diffusion of assets after death.
- Discussion of housing options. If money is a matter of consideration, tenants may get Section 8 vouchers for support in paying their landlords.
- Formation of living wills and a durable power of attorney. Living wills allow individuals to set health care desires and decisions in case they get injured. Moreover, a power of attorney usually allows someone else to handle financial decisions on behalf of the elder.
Guardianships in Westchester County
Guardianship is generally taking responsibility for the care of a person's health and/or financial status as certified through legal guardianship proceedings with the help of elder law attorneys. In specific, if a family member or loved one becomes unable to make personal and/or financial decisions, and has not executed the necessary documents to have his or her personal and financial affairs attended to, the attorneys can commence a Guardianship proceeding.
Known in New York State as an Article 81 Proceeding, the process involves having a family member, family advisor or friend appointed as Guardian for the person. The Guardian is then responsible for making health care and/or reasonable financial decisions in the best of the individual they are the guardian for. In order to initiate the guardianship proceedings, the person who needs a guardian has to choose the right guardianship lawyer in Westchester County.
An experienced elder law attorney in Westchester County should have represented numerous clients and their families in both contested and non contested Guardianship proceedings in Putnam, Rockland Counties and throughout the five boroughs of New York City.
Common Types of Elder Abuse
As people age, they may eventually develop mental illness or serious physical disabilities that make them unable to care for themselves. This can be very traumatic for loved ones who are left to decide if/when elderly relatives must begin to live in a residential long care facility such as a nursing home or assisted living facility. Making this decision can be a difficult and emotionally taxing. But once an elderly relative is placed in a nursing home, relatives must believe that their loved one is receiving the best possible care.
But this is unfortunately not always the case. Seniors staying in nursing homes are sometimes the victims of abuse by the staff and are helpless to defend themselves. It becomes the responsibility of family members to ensure that the nursing home staff treats loved ones with utmost dignity and respect. Contact an experienced Los Angeles elder abuse attorney if you are concerned about the treatment a loved one is receiving in a nursing home or long-term care facility.
Elder abuse in California is governed by the Elder Abuse and Dependant Adult Civil Protection Act. The most common types of elder abuse include the following:
- Neglect: failing to properly feed, bathe, dress, or provide needed medications to elderly residents, failing to answer their call lights or to respond to requests for help, or over-medicating
- Physical Abuse: hitting, slapping, pulling hair, or any assault or rough physical treatment
- Verbal Abuse: telling elderly residents to "shut up" when they speak up about needs or mistreatment, name calling, threats of retaliation
Other types of elder mistreatment include financial abuse, abandonment, isolation, deprivation of necessary goods or services, and other treatment resulting in physical harm, pain, or mental suffering.
The best way to prevent elder abuse is to visit your loved ones often. This helps you identify whether your loved ones are abused so you may take necessary steps with the help of an experienced elder abuse attorney who is aware of elder abuse laws.
New York Guardianship Laws in Brooklyn
Guardianship laws were created to help loved ones take care of their elderly relatives and also to protect the elderly from physical, mental, or financial abuse by those who are charged with their care. When senior citizens are no longer able to make appropriate decisions regarding their healthcare, finances, or property, a relative may need to step in and help. Guardianship laws are a means to accomplish this in an organized, compassionate way.
However, Brooklyn guardianship law, which is actually governed by New York state law, is very complex. For instance, if a person is not able to pay his or her bills or manage money, but has the ability to make health decisions, the court-appointed guardian may only be given powers limited to financial management.
Before going to court to apply for a guardianship, it is recommended to seek help from experienced Brooklyn elder attorneys who practice guardianship law in New York State to get a clear understanding of the best way to help an elderly relative.
What are the processes involved in appointing a guardian in Brooklyn?
A petition is filed asking the court to appoint a guardian. This petition outlines who is incapacitated and the limitations or incapacity of that person. After the petition is filed, the court sets a hearing date and notifies all relatives and third parties such as nursing homes and agencies such as the Mental Hygiene Legal Services. The Mental Hygiene Legal Services is a state agency whose purpose is to safeguard the rights of residential patients.
On the day of the court hearing, the AIP (Alleged Incapacitated Person) appears in court. The petitioner and the evaluator present their report at the hearing. After the hearing, the judge decides if a guardian is required or not.
Guardianship under New York state statutes is limited in power to personal needs and property management. As the laws of the guardianship process are complex, it is best to seek advice from experienced elder law attorneys in Brooklyn when you need to establish legal guardianship for your loved ones.
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