World Elder Abuse Awareness Day is June 15, 2023. If communities can better understand elder abuse, folks can be better equipped to recognize it and take steps to prevent it. Elder law attorneys are in close proximity to seniors and are in a unique situation to oftentimes observe signs of elder abuse. However, are attorneys allowed to report such abuse?

The Medicaid Asset Protection Trust (MAPT) is an irrevocable trust used for Medicaid planning or asset protection purposes. After assets are funded into the trust and the look-back period has expired, the assets in the trust are non-countable for long-term care Medicaid eligibility. The MAPT has several aspects that result in tax advantages, such as being a grantor trust and having trust income taxed according to the Grantor’s income tax brackets instead of trust taxation rates. Other tax advantages that the MAPT can be designed with stem from retaining a limited power of appointment (LPOA). Let’s take a deeper dive into the LPOA.

Elder law is the area of law focused on issues that affect the aging population. While estate planning focuses on what happens when the individual passes away, elder law focuses on what happens while the individual is still alive. It is lifetime planning. This can include helping clients with guardianship issues, addressing elder abuse claims, handling discrimination claims, planning for long-term care, obtaining government benefits, and helping with special needs issues.