What is Undue Influence and How an Elder Law Attorney Can Help

When a person has diminished mental capacity, is ill or isolated, they become more vulnerable to those who might do them harm.

At times, people take advantage of those who are elderly or vulnerable for financial gain or control over assets. One form of exploitation is undue influence.

Undue influence is not typically considered a crime in and of itself, but acts as the means for committing a crime. It is commonly recognized by the misuse of one’s influence to substitute his or her own will for the will of another. The influencer takes advantage of his or her position of power over another person and the consequences can be very destructive.

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When is the Right Time to Talk to an Elder Law Attorney?

Preparation is a key component when planning for the future. Choices about where to live, long-term care and how to protect assets are common age-related decisions. One way to keep these choices from becoming overwhelming is to seek the advice and guidance of an elder law attorney.

Planning Ahead

While many people feel they don’t need the help of an elder law attorney, there are instances where the guidance and legal support of an attorney may become necessary.

Often, people disregard the benefits of consulting with an elder law attorney because they see it as an unnecessary cost, especially when they do not have any persistent health issues. However, legal and health issues can arise suddenly and without the correct preparation, elders can have a difficult time recovering and managing healthcare expenses.

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5 Things to Consider When Writing Your Will

Facing your own mortality is difficult, but don’t let the anxiety of what is to come stop you from planning for the future. The most basic part of your estate plan is a will that identifies your fiduciary or executor and what should be done with your assets after your death.

A thorough will can ensure that your assets are used and distributed to the correct people or organizations and reduce any legal and family strife.

Once you have decided to create a will, keep these five things in mind:

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Understanding Long-Term Care Insurance

Long-term care refers to the help that people with chronic illnesses, disabilities or other conditions need on a daily basis over an extended period of time. This need can range from assistance with simple activities such as eating, dressing or bathing, to skilled care provided by therapists or nurses.

With nursing home care in some parts of the U.S. costing as much as $10,000 per month, long-term care can deplete even the best-planned estate. As a result, many seniors are opting to purchase long-term care insurance to cover this risk. An advantage of this insurance is that most policies now cover home care, personal care and assisted living care as well as nursing home care.

Policies offer many different coverage options. Since you can’t predict what your future long-term care needs will be, you may want to purchase a policy that has flexible options so that you can adjust it according to your needs in the future. Depending on the policy options you select, long-term care insurance can help you pay for the care you need, whether you are living at home, in an assisted living facility, personal care home, or a nursing home. Long-term care insurance may also pay expenses for adult day care and some policies will even help pay costs associated with modifying your home so that you can keep living in it safely. Continue Reading Understanding Long-Term Care Insurance