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Elder Law Basics

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Capacity

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A person's legal ability to enter into a contractual relationship.

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Conservatorship

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A legal concept where a court appoints a person to manage an incapacitated adult's financial and personal affairs.

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Elder Abuse

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Any form of mistreatment that results in harm or loss to an older person.

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Estate Planning

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The process of arranging, during a person's life, for the management and disposal of that person's estate after death.

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Fiduciary Duty

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A legal obligation of one party to act in the best interest of another. The obligated party is typically a trustee or executor.

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Guardianship

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A legal process used to protect individuals who are not capable of caring for their own interests due to incapacity.

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Health Care Proxy

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A legal document that designates another person (a proxy) to make healthcare decisions on someone else's behalf.

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Inheritance Law

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The body of law that pertains to the transfer of an individual’s property and assets after their death.

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Living Will

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A written document that specifies what types of medical treatment are desired should the individual become incapacitated.

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Long-Term Care Insurance

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Insurance coverage that provides for the cost of long-term care beyond a predetermined period.

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Medicaid Planning

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The legal act of structuring one’s finances to ensure eligibility for Medicaid to help pay for long-term health care expenses.

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Medicare

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A federal system of health insurance for people over 65 years of age and for certain younger people with disabilities.

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Power of Attorney

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A legal document that gives one person (the agent) the power to act for another person (the principal).

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Probate

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The legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off.

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Retirement Income Security

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Financial security that a person has after retiring from work, often involving pensions, Social Security, savings, and investments.

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Senior Citizens

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Individuals, typically over the age of retirement, who may be entitled to certain legal protections and benefits.

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Social Security

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A federal insurance program that provides benefits to retired people and those who are unemployed or disabled.

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Special Needs Trust

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A trust designed to provide benefits without disqualifying the beneficiary from income-restricted governmental programs.

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Spousal Rights

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Legal rights that recognize the interests a spouse has in the marital relationship, entitling them to certain benefits or claims upon divorce or death of the other spouse.

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Veterans' Benefits

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Wide range of services provided by the government to veterans of military service, including healthcare, education, and housing assistance.

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Will

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A legal document by which a person expresses their wishes as to how their property is to be distributed at death.

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Aging in Place

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An individual's ability to live in their own home and community safely, independently, and comfortably, regardless of age, income, or ability level.

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Age Discrimination

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The unfair or prejudicial treatment of an individual on the basis of their age.

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Advance Directive

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A legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions due to illness or incapacity.

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Medicaid Transfer Penalties

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Penalties incurred when an individual transfers assets for less than market value resulting in a period of Medicaid ineligibility.

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Elder Law Attorney

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A legal professional who specializes in legal issues affecting older adults, such as estate planning, health care, retirement, and elder abuse.

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Financial Exploitation

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The illegal or improper use of an older person's funds, property, or resources by another individual.

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Ageism

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Prejudice or discrimination on the basis of a person's age.

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Life Estate

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A legal arrangement in which an individual holds rights to use, occupy, and benefit from a property during their lifetime, but does not own the property.

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Ombudsman

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An official appointed to investigate individuals' complaints against maladministration, especially that of public authorities.

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Reverse Mortgage

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A type of loan available to seniors over the age of 62 which allows them to convert part of the equity in their home into cash.

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