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The Benefits of Meeting with an Elder Law Attorney

Planning and Preparing for Your Future

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Navigating legal and financial matters can be daunting for anyone, but especially as people approach retirement or experience a health crisis. The concern regarding how things will be paid for and what the best course of action is can be overwhelming. We often talk with individuals who say they “don’t really have anything to protect” or are concerned the costs will outweigh the benefits, but that doesn’t have to be the case. Elder Law attorneys specialize in addressing these unique challenges, offering valuable expertise and guidance to individuals and their families. 

Benefits of Using an Elder Law Attorney 

  1. Expertise in Estate Planning: Elder Law attorneys are well-versed in estate planning, including wills, trusts, and powers of attorney. They help ensure that a person's assets are distributed according to their wishes, minimizing potential conflicts among heirs and reducing estate taxes. A well-crafted estate plan can also protect assets from long-term care expenses and probate costs.
  2. Medicaid and Long-Term Care Planning: For many older adults, one of their most significant concerns is the high cost of long-term care, such as a nursing home, assisted living or in-home care. Many older adults do not have the financial resources to pay for this care if it is needed for an extended period.  Elder Law attorneys can assist in structuring assets to qualify for Medicaid benefits, while preserving as much of the estate as possible.  We recommend consulting with an Elder Law attorney as they have detailed knowledge regarding complex Medicaid laws that are often difficult to understand and can vary based on the state you live in, marital status, and even Veteran status (see our directory of local Elder Law and Estate Planning Resources).
  3. Guardianship and Conservatorship: When an individual can no longer manage their own affairs, guardianship or conservatorship may be necessary. Elder Law attorneys can guide families through the legal process of establishing a guardianship or conservatorship, ensuring that the individual's personal and financial needs are managed appropriately. It’s important to note that establishing a Durable Power of Attorney (DPOA) for healthcare can avoid the necessity of Guardianship in some cases.  (See our article on Advanced Care Planning & Durable Power of Attorney)
  4. Protection Against Elder Abuse: Elder Law attorneys are equipped to recognize and address various forms of elder abuse, including financial exploitation. They can help implement legal protections to safeguard vulnerable older adults and take action against abusers, ensuring that the senior’s rights and well-being are upheld. 

Peace of Mind

In our Resource Center, we hear about many complex legal and financial situations.  Navigating these issues can be stressful and confusing, particularly when dealing with the complexities of paying for care. By engaging an Elder Law attorney, individuals and their families can gain peace of mind, knowing that they have a knowledgeable advocate to navigate the complexities of legal and financial matters. Ultimately, the proactive steps taken with professional assistance can help ensure that one’s wishes are honored, and their future is secured. 

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If you or someone you know have any questions about resources for older adults and/or their care partners, please contact our Resource Center:

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