Busting Elder Law Myths: What You Need to Know

At Hurley Elder Care Law, we know that elder law can seem overwhelming, especially with so much misinformation floating around. That’s why “busting elder law myths” blogs are always a favorite — we’re passionate about helping families feel informed and empowered as they navigate the long-term care journey.

Busting Elder Law Myths — The real answers you need:

Q: Do you only work with seniors?
A: Not at all! Everyone over the age of 18 should have estate planning documents in place, such as a power of attorney and an advance directive for health care. We help adults of all ages take this vital step toward protecting their future.

Q: Do I need to spend down my IRA before I can qualify for Medicaid?
A: No! Your IRA or 401(k) is not counted as an asset for Medicaid eligibility — as long as you are taking Required Minimum Distributions (RMDs). Don’t let this common myth lead you to make costly mistakes.

Q: My loved one has dementia. Can they still sign legal documents?
A: Maybe! A diagnosis of dementia or Alzheimer’s doesn’t automatically mean someone loses their legal capacity. Each situation is unique, and with the proper evaluation, many individuals can still legally sign essential documents.

Q: Do I have to get guardianship or conservatorship if my loved one has Alzheimer’s?
A: Not necessarily! Guardianship and conservatorship are considered last resorts. In many cases, with proactive planning and the right legal documents, families can avoid these court-involved processes altogether

If you have questions about elder law or long-term care planning, we’re here to help.
Our friendly intake specialists are available every business day to schedule consultations with our experienced attorneys.

Call Hurley Elder Care Law today at 404-843-0121 — and get the peace of mind you deserve.

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