The saying “nothing is certain but death and taxes” describes the inevitable. Like death and taxes, aging is another inevitable life consequence with unique legal implications.
As we get older, our legal needs evolve. This evolution makes having an elder law lawyer near you on your books essential. If your loved one is aging or finding themselves in declining health, you may also have inquiries about guardianship, conservatorship, or other issues related to caring for an aging loved one. These situations are prime examples of when the services of an elder lawyer can be beneficial.
An elder law attorney represents older adults, employed caregivers, nurses, or their families. They have a deep understanding of the issues with aging, such as estate planning, retirement, disability planning, nursing home placement, probate and administration of an estate, long-term care planning, and more.
Elder law lawyers also leverage their knowledge of government benefits that older adults become eligible for as they age and help them pursue these benefits. They understand the legalities surrounding these issues and have experience dealing with the emotional roller coasters that can come with them.
One common mistake is to equate the job of an elder law attorney with that of an estate planning lawyer. Wrong. While elder law lawyers protect your income or assets so they can be used for your benefit while alive, estate planning is entirely different. Estate planning entails the distribution of your assets to get you the most tax advantage after your death.
An elder law attorney is an attorney who specializes in legal issues related to older adults and the elderly.
Hiring an elder law lawyer can be a difficult decision. First and foremost, you want to ensure you get the best representation possible. At the same time, you also want to make sure you are not overspending on legal fees. Here are some scenarios when you should consider hiring lawyers for elder law:
Elder law lawyers can help with various estate planning issues, including wills, trusts, and powers of attorney. If you are unsure about what estate planning documents you need or how to create them, an elder law attorney near me can help.
If you or a loved one is facing the need for long-term care, an elder law lawyer can help you navigate the complex rules and regulations surrounding Medicaid and other government benefits. An elder law lawyer can also help you create a plan to pay for long-term care without depleting your assets.
Elder law lawyers are well-versed in the rules and regulations governing Medicare and Social Security. If you have questions about eligibility, benefits, or claims, an elder law lawyer can help.
If you seek guardianship of a minor child or an incapacitated adult, an elder law lawyer can help you navigate the legal process. Elder law firms can also help with conservatorship proceedings, which are used to protect the assets of an incapacitated person.
If you suspect that a loved one is the victim of elder abuse or exploitation, an elder law lawyer can help you understand your legal options and take action to protect your loved one.
Elder law lawyers are familiar with the unique legal issues that affect older adults. If you have any other legal matters, such as guardianship, conservatorship, or estate planning, an elder law lawyer can help.
There are a few things to keep in mind when choosing an elder law attorney:
Ensure the attorney has the relevant credentials and experience to deal with your issue. Whether it's estate planning, long-term care planning, or guardianship, you want to be confident that your lawyer knows what they are doing and is the best elder lawyer for your case.
Find an attorney who you can trust. Your attorney will handle sensitive information and make important decisions on your behalf. You should feel comfortable communicating with them and knowing they have your best interests at heart.
Ensure that the attorney you choose is a good fit for you. Your lawyer is someone you will be working closely with, so you must get along and feel like they understand your situation and what you are going through.
Interview several elder law attorneys near you before deciding who will take on your case. Ask about their experience, how they plan to approach your issues, and how they would work with you. Use this conversation to evaluate their customer service, as this could be someone you will work with for many years. Choosing the best elder law lawyer near you is essential, so take your time and choose wisely.
The cost of hiring attorneys elder law depends on the type and scope of the lawyer's services. Elder law encompasses many legal areas, including estate planning, probate, guardianship, and Medicaid planning. As a result, elder law lawyers typically charge by the hour, with rates ranging from $150 to $400 per hour. Some lawyers may also charge a flat fee for services like estate planning.
In addition to hourly rates, some lawyers for elder law near you may also charge a retainer fee, which typically ranges from $500 to $5,000, depending on the type and complexity of the legal matter.
Some elder law lawyers may offer a free initial consultation—usually a brief meeting lasting 30 minutes to an hour, during which the lawyer will get to know you and your legal needs. After the consultation, elder law specialists can provide you with an estimate of the total cost of their services to make an educated decision about who you will hire.
There is no definitive answer to this question, as many factors must be considered. However, generally speaking, you should contact the best elder law lawyer near you to start planning your life as an older adult by age 60 or when you begin to experience signs of aging.
Some common signs that may indicate the need for elder law assistance include difficulty with activities of daily living, cognitive decline, and/or financial instability. If you are experiencing any of these issues or have questions about your legal rights and options as an older adult, it is best to consult with an elder law lawyer.
There are a few ways to avoid probate, though none are foolproof. While some people go with a trust, others name beneficiaries which will allow your loved ones to inherit your property without going through probate. Ultimately, probate laws vary across states, so you will need to hire an attorney in your jurisdiction.
The best way to avoid probate is to have a valid will that clearly states your wishes for your property.
There are many options available, and it comes down to your personal preference. Giving your assets away is always an option. You can also put your assets into an irrevocable trust. If you really treasure your assets, you can also purchase long-term care insurance.
The laws guiding asset protection will vary according to your state. Besides your will, you can elect to include an added layer of protection with a separate memorandum dedicated to your most prized possessions and items of acute sentimental value, such as a mega-money antique handed down by your grandmother.