There are several reasons you might want to form a relationship with a lawyer who has experience in both estate planning and elder law. As your life evolves, what you need from an attorney could change, especially as you look towards retirement.
Most elder law attorneys help you with a variety of legal concerns related to a disabled or elderly person. This can include guidance or resources for retirement, long term care planning, healthcare concerns, Medicare and Medicaid, Social Security, guardianship, and more.
The services required of your elder law attorney will depend on your individuals goals. Some of the most common services provided by lawyers experienced in this area include:
- Explaining long term care choices, rights of patients, how Medicare and Medicaid will impact your own planning, and the importance of a healthcare power of attorney.
- Financial representation such as a durable financial power of attorney.
- Helping with the selection or appointment of a legal guardian.
- Locating long term care facilities and creating an action plan for a Medicaid application.
- Drafting a living will or advanced directive.
It’s best to hire an elder law attorney prior to a crisis, but a lawyer can also be helpful for providing perspective during times of great need. Questions to ask your elder lawyer before deciding to work together include:
- How are fees calculated and paid?
- How long have you been practicing in this area of the law?
- What portion of your practice is dedicated to elder law representation?
- What information do I need to prepare for our first meeting together?
An elder law lawyer should have a broad understanding of key issues in the field, common challenges experienced by clients, and how to put together a plan that reflects your individual needs.
