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Understanding Elder Law

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With an aging population, the demand for elder law and estate planning is on the rise. The Administration on Ag- ing estimates that at least 70% of people who are 65 to- day will need long-term care in some context. Plus, the cost of care is also on the rise. Genworth estimates the average cost of assisted living at roughly $48,000 per year. For 20 years, Jarvis Law Office, which focuses on el- der law, has offered elder law planning services that help Ohio residents live with dignity on their own terms.

“Elder law is a focused area of practice that focuses on unique concerns that someone will encounter in the second half of life,” Dylan Fowkes, associate attorney at the Jarvis’ St. Clairsville office, said. “As you are approaching retirement age, you’re planning for any long-term care that would be needed. Any Medicare or Medicaid issues. Really, elder law encompasses anything that has to do with aging. It’s ensuring that what you worked for your entire life is protected so that you can age with dignity.”

If you’re unfamiliar with elder law, you’re not alone. Ac- cording to the National Elder Law Foundation (NELF), elder law is defined as the “Legal practice of counseling and representing older persons and persons with special needs, and their representatives about the legal aspects of health and long-term care planning, public benefits, surrogate decision making, legal capacity, the conservation, disposition and administration of estates, and the implementation of their decisions concerning such matters, giving due consideration to the applicable tax con- sequences of the action, or the need for more sophisticated tax expertise.”

According to NELF, elder law consists of 12 different ar- eas of practice as they relate to senior citizens and people with disabilities:

• Health and personal care planning

• Pre-mortem legal planning (wills, trusts, etc.)

• Fiduciary representation

• Legal capacity counseling and representation • Public benefits

• Special needs

• Insurance issues

• Resident rights advocacy

• Housing issues

• Employment and retirement advice

• Litigation and administrative agency advocacy • Senior Counseling

“Elder law is fairly broad,” Fowkes said. “Our goal is to ensure what you want to happen after you pass actually hap- pens. If someone needs care, we want to preserve and protect their assets while making sure they get the care they need so they can age with dignity.”

At Jarvis Law Office, services include long-term care planning, estate plan- ning, and Medicaid planning as well as wills, trusts, and advance directives. Attorneys can also assist with preserving oil and gas royalties and preserving the land for future generations.

“At Jarvis, we are a highly focused firm that only practices in the areas of elder law and estate planning. We are very well-equipped to answer any questions and provide you with the legal guidance needed. We’ve been in business for 20 years. This is all we do. We are the go to firm for elder law,” Fowkes said.

Ideally, you should hire an elder law attorney before you need one, but life changes fast.

“When someone should come and see us, in my mind, is if someone is needing care or will need care in the future. Or if you are approaching retirement age and do not have your affairs in order. I often get asked when the right time is to think about this stuff, and my response is right now, regardless of age. Right now is the time to think about it because, with the uncertainties of life, you have no idea what tomorrow is going to bring. It’s best to have a plan in place.”

To learn more about how an elder law attorney can protect you and your loved ones, visit jarvisfirm.com

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