Ask The Pros
Ask the Pros is a weekly newspaper feature that The Elder Law Practice contributes to. It is a place where people can ask and find answers to questions that they might have about elder law and elder law issues. We will post all of these articles here on our website, and past articles can be found here as well. If you would like to submit a question, you can use the form below.
Power of Attorney
Q: As an Elder Law Attorney, what do you think is the most important document that a person, particularly and older person, really needs?
A: As I have said before, my focus as an Elder Law Attorney is on the time prior to your death, not so much after your death. If you are not careful with your estate prior to death, you may not have anything to pass along to your heirs at death. Therefore, the most important document that you (actually anyone over the age of 18) need is a Durable Power of Attorney for finances and for healthcare.
Understand Probate
Q: Todd, I’m really confused about probate. I’ve heard so many different stories, would you please help me better understand the process?
A: Probate is the legal process of getting assets out of the name of a deceased person if that asset is “stuck” in that person’s name at the time of death. Probate only affects those items that are not co-owned by another person (the item goes to the survivor in that situation such as a husband and wife situation where they owned everything jointly) and where there is not a beneficiary, typically seen in an insurance policy or a Pay On Death (POD) account.
What is Elder Law?
Q: What is Elder Law, and how does an Elder Law attorney differ from other attorneys?
A: Elder law is the area of law that deals with the unique legal issues of those people that are elderly or the specific legal issues of aging. Just like most elderly have a specific Doctor for their unique needs, there are attorneys that cater to those specific legal needs of the elderly.
VA Explanation
Q: I’ve heard that the VA will help me pay some of my medical bills when I have to bring people into my home or even help me pay for Assisted Living or even Independent living facilities. How does that work?
A: There is a little known program from the Veteran’s Administration known as Improved Pension and one of those benefits under that program is Aid and Attendance. The program is available to the Veteran, or their widow or widower, when the veteran served 90 days of active duty and one of those days during a time of war (not actually IN the war, just during the war).
Avoiding Probate
Q: Last week you talked about probate. That sounds like something I should avoid. How do I avoid probate?
A: You are correct, probate is something that typically should be avoided. I, as an Elder Law Attorney, view probate as a failure to plan, or as a last resort. Remember that probate is to get things that are “stuck” in the name of the person who died to someone else. We can fix this problem if we make sure that assets are not “stuck”.