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GermanLawGroup

Estate Planning & Medicaid Attorneys in Grand Forks , North Dakota

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Home » Resources » Frequently Asked Questions » Elder Law Frequently Asked Questions

Elder Law Frequently Asked Questions

    • Can an elder law attorney help me with the legal steps that need to be taken if my mother/father was recently diagnosed with Alzheimer’s disease?

    • The facts and figures for Alzheimer’s disease are shocking. One in three seniors with die with Alzheimer’s or another form of age related dementia. A diagnosis of Alzheimer’s is typically followed by a period of heightened emotions and confusion, making it difficult to focus on the practical and legal ramifications of the diagnosis. Do not wait too long to consult with an elder law attorney though, as there are some important legal steps that should be taken as soon as possible to protect you, your parent, and your parent’s estate.

    • How can an elder law attorney help if I suspect elder abuse, either by a caregiver or at a nursing home?

    • Most people who care for the elderly do so with kindness and patience; however, there are those who prey on society’s most vulnerable, including those in nursing home care. Conservative estimates indicate that more than 40 percent of nursing home residents have reported abuse, and more than 90 percent report that they or another resident of the facility have been neglected. Sadly, however, the majority of the time it is a family member who is the perpetrator of elder abuse. Elder abuse is a crime; however, it can also form the basis of a civil lawsuit against the facility. If you suspect that a loved one is the victim of nursing home abuse, an elder law attorney can discuss your legal options with you.

    • Do I need an elder law attorney to help me get guardianship over a parent?

    • Making the decision to seek guardianship over a parent is never easy; however, it may become necessary to prevent serious injury and/or victimization by those who prey on the elderly. An elder law attorney can help you pursue guardianship to ensure that you have the legal authority necessary to protect and care for your parent.

    • Can an elder law attorney help with Medicaid planning?

    • Neither Medicare nor most basic health insurance plans will cover the costs associated with long-term care. Unless you have the resources to cover the high cost of nursing home care out of pocket and indefinitely, you will likely find yourself turning to Medicaid for help. To be eligible, however, you must contend with very low “countable resources” limits that can put your retirement nest egg at risk if you failed to plan ahead. An elder law attorney can help you incorporate Medicaid planning into your overall estate plan to ensure that you are eligible for Medicaid if you need it without losing assets in the process.

    • Why might a family member or caregiver need an elder law attorney?

    • Recent figures indicate that 65.7 million informal and family caregivers provide care to someone who is ill, disabled or aged in the U.S. Lost income and benefits over a caregiver’s lifetime is estimated to range from a total of $283,716 for men to $324,044 for women, or an average of $303,880.30. Caregivers face emotional stress, financial hardship, and often legal struggles as a result of the care they provide. As a result, caregivers frequently benefit from the help of an experienced elder law attorney for things such as getting a loved one approved for Medicaid benefits, pursuing a claim of elder abuse against a paid caregiver or family member, or petitioning for guardianship over a parent.

    • What types of legal issues might an elder law attorney handle?

    • An elder law attorney handles legal issues that impact the elderly and those who care for them, such as:

      • Denial of SSI, SSDI, or other benefits
      • Guardianship – petitioning for, or objecting to
      • Housing discrimination
      • Long-term care planning
      • Estate planning
      • Elder abuse
      • Health insurance issues
      • Preparing advance directives
      • Retirement planning
      • Nursing home abuse
      • Medicaid planning
      • Veteran’s benefits

    • Do elder law attorneys have special training?

    • The National Academy of Elder Law Attorneys, or NAELA, was formed in the late 1980s as a way to better serve this growing segment of the population. Five years after the creation of NAELA, the National Elder Law Foundation was formed. The purpose of the non-profit NELF was to help improve the professional skills of attorneys who choose to focus on elder law. Toward that end, NELF then developed a national certification program for attorneys known as the Certified Elder Law Attorney, or CELA, certification program. Attorneys who wish to gain certification in the area of elder law may do so through a rigorous and selective certification program recognized by the American Bar Association and administered by NELF.

    • What is elder law?

    • As the elderly population began to grow several decades ago, it started to become clear that the legal issues that impact them needed to be addressed. Consequently, the relatively new area of the law known as “elder law” began to evolve. An elder law lawyer, therefore, is a lawyer who has chosen to focus much, or all, of his/her practice on legal issues that impact the elderly and those who care for them. Unlike other areas of specialty, however, an elder law lawyer does not focus on learning everything there is to know about a single area of the law. Instead, an elder law lawyer is more concerned with how the elderly, and their caregivers, are impacted by various legal issues and problems.

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Client Review
August 24, 2020
    

Needed to come in to get specific advice for our needs. The attorney spoke to us in terms we could understand, coming to our level and did not make up feel uncomfortable. They were very considerate and caring. We didn’t feel rushed. We felt like they cared and knew what they were doing.

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C.P., Minnesota
Client Review
August 24, 2020
    

We were wonderfully satisfied. Wayne did an outstanding job of explaining, diagramming and answering questions and concerns.

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JW & CD, North Dakota
Client Review
August 24, 2020
    

They were courteous, efficient, knowledgeable, and trustworthy.

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D.T., Minnesota
Client Review
August 24, 2020
    

Very helpful. Our children and us are are confident in your group.

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-Anonymous, Fargo, North Dakota
Client Review
August 24, 2020
    

"Very professional, covered all, expertise, friendly, peace of mind now."

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- Anonymous, North Dakota
Client Review
August 24, 2020
    

So much of a client's high or low opinion of an organization depends on their welcomed feeling. I felt that every time I visited the office, every person I talked with listened and took action on my concern or questions! They were also very friendly.

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~J.R., Grand Forks, ND
Client Review
August 24, 2020
    

From phone calls to signing the final documents I was treated with respect, kindness, and understanding by Wayne & Jenn. Every business that wants their business represented well should have someone like Jenn & Wayne. They both made me feel relaxed and assured I was at the right place at the right time at this time in my life. 

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~ Deborah Rucinksi, North Dakota 
Client Review
August 24, 2020
    

All of the paperwork was completed in a timely matter. Wayne was very good in explaining the trust to us. 

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~Anonymous
Client Review
August 24, 2020
    

Thank you for taking care of my finances after I am gone. I worried about probate once; hopefully this has been solved. Everyone was very polite and helpful. Thank you Katie for answering my questions, and also Jenn.

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- Anonymous
Client Review
August 24, 2020
    

This Avvo rating is killer and so deserved! You are the best brother! The only thing is I think the 10 rating is too low, in my book you go to 11! Congratulations on the award, you should be very very proud. See you at your Holiday party, thx for the invite.

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Anthony G., Los Angeles, CA
Client Review
August 24, 2020
    

Everyone at German Law was helpful and pleasant. I felt good about my decision, I thought I was doing the right thing for myself & my family. Wayne took his time and didn't rush, which is good because a lot of this can be over people's heads.

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A.W., Red Lake Falls, MN
Client Review
April 15, 2021
    

Excellent

Very interesting, informative and valuable information and ideas.

Valuable information.

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RP
Client Review
April 15, 2021
    

5 STARS! Thanks for allowing this to be on a webinar! Very interested in this topic.

Great Estate Planning Guide

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SD
November 25, 2022
    

John provided very short turn-around time that we needed. He built an amortization schedule that really met our needs. He was responsive and very easy to work with! Quick and easy!

 

Cammy was also very helpful and professional!

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November 25, 2022
    

Really Liked it.
Assisted by John Oelke

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November 25, 2022
    

Excellent!

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