What is Elder Law?

July 1st, 2020

Many have probably heard the term “elder law” but what does elder law actually mean? Elder law is a specialized area of law focusing on the needs of senior citizens and the issues affecting the aging population. Elder law covers a wide range of legal matters, including the following:

Abuse and neglect
Age discrimination
Durable powers of attorney
Guardianship and conservatorship
Health care planning and declarations
Health Care issues
Housing options
Gifting
Long-term care planning
Medicare, Medical Assistance, Social Security, and other public benefits
Probate administration
Tax and pension planning
Trusts
Wills and estate planning.

Why might you need an elder law attorney?

If you or a loved one has questions or is experiencing any issues or difficulties with any of the above-mentioned legal matters you should consult with an elder law attorney. An elder law attorney will be able to walk you through these issues and explain your options.

If you are concerned about the cost of long-term care and how you will for it, speaking with an elder law attorney can be very beneficial. An elder law attorney will be able to explain the various methods of paying for long-term care and determine what is cost effective for your situation, as well as assist you with protecting assets.

If you have concerns about incapacity and being unable to make decisions, you should speak with an elder law attorney. The elder law attorney can help make sure your wishes are carried out even when you are incapacitated.

How much does long-term care cost?

Long-term care is expensive. In Minnesota the average cost of care for a year is:

$60,000.00 for an average of 44 hours per week of in-home care;
$48,000.00 for assisted living (not including services and additional fees); and
Over $90,000,00 for nursing home care.

How do you pay for long-term care?

Long-term care can be paid for in one of four ways:

Private pay;
Medicare (covers short-term rehabilitation for skilled nursing care, not long-term care);
Long-term care insurance; and
Medical Assistance for long-term care.

When should you engage in elder law planning?

It is never too early to start planning. You never know when illness or an unforeseen diagnosis will occur. Long-term care is not just for the elderly, as many middle-aged adults find themselves as nursing home residents. Further, the government has imposed a five-year lookback period on all transfers prior to applying for medical assistance, making it extremely difficult to protect assets last minute.

Our attorneys are here to help with all of your elder law needs. Contact our office or book an appointment online to schedule an initial consultation.

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Jennifer Gumbel went above and beyond to help my family with our estate planning. We greatly appreciate all she did, and will be using her services in the future. We will recommend her to all of our family and friends.”

Judi Wilson was recommended to us by a very trusted friend. We could not have been more pleased with our experience (start to finish) with Judi’s expertise, comfort level and thoroughness. Would highly recommend to anyone needing expert advice, cou…”

We were referred to Jennifer Gumbel by our retired attorney. She provided excellent service in updating our estate plan. Highly recommend her to others.”

Becky is a rock star and a consummate professional!! From start to finish my real estate transaction was seamless, since Becky was always on top of things and did an excellent job of communicating things throughout the process. Even when snags came u…”

We were pleased with the service we received. Jason Wagner answered questions the we had and Tamara Scroggins reached out to us to make sure everything was in order.”

Jason did a fantastic job working on our trust and business entities. He and his firm get five stars!!”

I am very pleased with the work Cole and his team did on my real estate transaction. Cole is extremely knowledgeable and was so easy to work with. Corresponding with Tamara was a breeze also. I will definitely continue to work with them in the future…”

Cole grew up on a family farm so he understands the concerns farmers have”

We started doing estate planning with Bill Oehler in the 1980’s and have continued to work with this firm. Now we work with Jason. He continues to meet our needs just as well as Bill did. We are very pleased.”

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Becky Henry did a good job handling the sale of our real estate. The sale was done very efficiently, and Becky always kept in contact as to the progress of the sale. We have worked with this law firm over the years and have been very satisfied with t…”

Alyssa Jerde was amazing helping us set up our trust and walking us thru it. She made it such an easy process. I would highly recommend her for all your estate needs.”

Our house sale was a delight to go through with Alec providing answers to our questions and concerns. The firm did an outstanding job with the details and maintained our timeline for the move. Thank you to the entire team from a satisfied customer.”

Working with Alec was so nice! He worked with us on the sale of our home and was always easy to contact…… even with a question on the weekend. It was seamless! He is personable and takes the time to explain options. We are so glad that we connect…”

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Becky & Alec were extremely helpful throughout the process of selling my home. They were both patient with my questions and provided clear answers. I saved a good bit of money working with them and highly recommend them to anyone selling their home.”

Excellent legal advice. Reviewed all the legal options & consequences of our decisions. Helpful from start to finish.”

They turnaround their title work extremely quickly (faster than any attorney firm I've ever worked with in 40 plus years of banking), their fees are reasonable, and their people are absolutely "top notch" to work with.”

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The transaction went smoothly, and I felt welcome to ask questions.”

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I recommend Jennifer Gumbel to anyone that needs help with estate planning. Jennifer made the daunting process understandable and simple for me. Not only did she do this with kindness but it also was done in a very timely manner.”

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We had them do our wills….great service!”

Living overseas and selling farmland in MN was problematic, but Becky Henry made the process easy for me. Her work and advice led to a non-stressful close. Can’t thank her enough!!”

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Very nice and quick service.”

Honest, professional, and down to earth.”

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What is Elder Law?

Why might you need an elder law attorney?

How much does long-term care cost?

How do you pay for long-term care?

When should you engage in elder law planning?

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