Elder Law

Visitation Rights for Grandparents

Many believe that grandparent should have legal right under most circumstances to visit their grandchildren. Unfortunately, some states are denying visitation rights and only make exceptions on occasions such as the death, divorce or permanent separation of the grandparent’s child. On the opposite side, some states allow anyone in the child’s ‘best interest’ to have the capabilities of obtaining legal visitation rights.

The difference that determines visitation rights is very simple, but their variation from state to state and the procedure of obtaining them can be often complex.

Some states that support more restricted visitation rights support the parent’s decision to choose what is in the best interest of the child, whereas others with more widely accessible visitation rights enable what is just in the best interest of the child. The difference is, the state has the ability to grant people visitation rights that are different than what the parent thinks is best.

For a complete list of the visitation rights by state, click here to download the PDF from the National Bar Association.

Remember that this information can change and just because a state ‘generally’ allows grandparents visitation rights, does not mean that they can and do every time. There are situations in which grandparents that would normally be granted visitation rights are denied. If you think that this may apply to you, we advise you to seek with an elder law professional in your community.

Elder Law Information: Disability Planning

This is the first post on disability planning, is first in a series on free elder law advice designed to provide you with legal counsel for the elderly. Disability planning can be a complex process and add anxiety to your life. Our organization strives to reduce the worry and enhance the lives of elders and relatives. We will be presenting simple information on what social security is, if the elder is eligible and how he or she can obtain it.

Social security exists in the United States, serving as a ‘safety net’ for the elderly, disabled and blind. The amount of money that one can receive typically increases each year and depends on if the person is single or married. As of January 2012, an individual would receive $698 in social security per month and a couple would receive $1,048 per month. Some states supplement the social security amount with additional payments; click this linkto see if this applies to that state that the elder resides in.Social security does not depend on how long or if a person has worked, so long as they meet the criteria:

  1. Be 65 or older, blind or disabled.
  2. Be a long term resident of the United States or a United States citizen.
  3. Have a monthly income below the limit determined by the elder’s state of residence.
  4. Have less than $2,000 in assets of currency, stocks and bonds.

If you meet the qualifications for social security assistance and would like to apply, you may do so by visiting your local social security administration office. Click this link to locate a branch near your zip cod

 

How to Help Seniors Avoid Scams: Helping Elders Stay Protected

The internet and technology revolution that seniors have seen within the past few decades has simplified life, but also opened them up to several new forms of scams. When finding help for seniors with finance, legal or general living issues, it is essential that elders stay protected to avoid falling victim to scams.

With scamming, prevention is the key to success. Steps can be taken to prevent elders from begin scammed online or offline that can be much simpler than having to resolve the consequences. As the authorities work to provide new methods to stop seniors from begin scammed, we have complied three resources for elders to help them stay safe and protected:

Be Selective about Disclosing Personal Information

Some scammers may call the senior’s home and request personal information that may be used to commit fraud. Websites or e-mails have also been known to be set up to have an appearance of a legitimate website to ‘trick’ users into entering their personal information. If necessary, ask that the senior speak to a relative or caregiver before they distribute personal information.

Assign a Power of Attorney

Seniors can request to assign a power of attorney, which enables a trusted individual like a family member or financial professional to manage their finances if they become unable. Not only does this protect the senior, but it can also keep trusted relatives with good intentions legally safe.

Order Medicare Discount Drug Cards Directly From Medicare

Discount drug cards are sold by several companies and many can help elders to save on their prescription drug costs, but the card can do more harm than good for the elderly if it is being sold by a scammer. To avoid any Medicare card scams, only order your card from Medicare directly by calling them at: 1-800-MEDICARE (1-800-633-4227)