Planning for late-life events is not fun to think about. It is important to address, though, to ensure that older people’s wishes are honored and that times of mourning are not made more complicated for loved ones. Professional legal help can make creating and filing the right documents much easier while remaining fully compliant with all laws and regulations.
Free legal advice for elderly people regarding issues like estate planning, healthcare, and more can make this process more accessible for even low-income seniors.
Legal Issues Affecting Older Adults
Common concerns or legal problems elders face include:
- Eviction/affordable housing
- Health/guardianship concerns
- Elder abuse, including consumer fraud, neglect, financial exploitation, emotional abuse, physical abuse, and more
- Estate planning and inheritance
- Grandparent rights, responsibilities, and filial piety laws
Free Legal Services for Older People
Consumer Protection Resources for Seniors
Older adults are at particular risk of financial scams. That means it is incredibly important that seniors and their loved ones know ways to protect themselves, including:
- Installing malware protection software
- Blocking unknown numbers on mobile devices
- Signing up for the National Do Not Call Registry
Other consumer protection resources for seniors include:
- Federal Trade Commission (FTC)
- Consumer Financial Protection Bureau (CFPB)
- Money Smart for Older Adults program
- AARP
Elder Abuse Prevention and Other Resources
Elder abuse is unfortunately a common crime. Knowing the warning signs of elder abuse can help you and your loved ones better spot potential crimes, stop them, and report them to the proper authorities.
These signs include:
- Unpaid bills/not having money for bills
- Suddenly changed wills or power of attorney
- Unexplained injuries
- Significant weight changes
- Increased agitation
- Poor personal hygiene
Senior advocacy, elder abuse prevention, and social work resources include:
Estate-Planning Resources
Planning for passing away is never easy. It is necessary to make a tough time easier on loved ones, though. Proper estate planning can help seniors and their loved ones avoid Medicaid estate recovery claims (Medicaid going after assets to recoup costs), undue tax burdens, and generally make the process of dividing and handing assets as stress-free as possible.
Other estate planning-resources include:
Advance Directive Resources
Advance directives are forms that let seniors dictate their medical decisions/healthcare wishes should they no longer be able to make these decisions down the line. Establishing these documents as soon as possible ensures that your loved one’s wishes are respected in worst-case scenarios.
Resources that seniors and families can use to help create, revoke, or update advance directives include:
- American Bar Association
- Department of Veterans Affairs, which offers VA Form 10-0137, an advance directive specifically for veterans
- State department of health
Other Legal Resources for Seniors
Other resources seniors and their families can access for further help regarding legal issues include:
- Local Area Agency on Aging
- National Council on Aging
Senior Legal Advice FAQs
What is the average cost of an elder law attorney?
Elder law attorney fees can vary significantly based on factors like location, the type of issue being addressed, and more. For simpler cases in lower cost of living areas, fees may be a few hundred dollars. Conversely, complicated cases in higher costs of living areas can cost several thousand dollars.
Can I call a lawyer and ask a question for free?
Many law firms will offer a free consultation where potential clients can ask legal questions and review their legal options.
Is there a free will for seniors?
There are ways for older people to create and file wills for free or at reduced costs, including:
- Using services like FreeWill and The U.S. Will Registry
- Finding a law firm or legal clinic that offers pro bono legal aid to low-income seniors
- Contacting nonprofit organizations that offer legal assistance to seniors like Legal Services Corporation, LawHelp.org, and AARP’s Legal Counsel for the Elderly
What is a power of attorney (POA)?
A POA is a legal document that establishes a person (attorney-in-fact, agent) to make decisions for someone else (principal).
There are several types of power of attorney, including durable power of attorney, limited power of attorney, healthcare power of attorney, and financial power of attorney. Each type of POA grants the agent the ability to make decisions regarding different issues, including healthcare and financial concerns.
How can I find an attorney who specializes in elder law?
Resources older people and their adult children can use to find an elder law attorney include:
- American Bar Association
- Local bar association
- Regional ombudsman
- Eldercare Locator
- Local social work services
Where can elderly individuals get free legal advice?
There are plenty of places to access free legal advice for elderly people. Many law firms, for example, provide free legal information during an initial consultation. Plenty of universities offer legal clinics providing free aid to low-income families as well. Many lawyers also offer pro bono services that seniors can take advantage of. See what options are available in your area to find the right fit for your family’s needs.
Disclaimer: Each person’s situation is unique. This article is for general informational purposes only and is not intended to take the place of medical, financial, tax or legal advice.