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Elder Law Attorneys Explained: What They Do & How to Find One

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What They Do

Elder law attorneys address various possibilities and scenarios, helping you to ascertain your wishes regarding both financial and health care choices. Your preferences are then spelled out in legal documents. In both cases, directives can outline how you wish your assets or person to be treated in the event that you are unable to communicate on your own behalf. A specific person can be appointed to make decisions on your behalf as well. Elder law attorneys also aid seniors facing legal issues related to their age, including discrimination.

What to Expect

Unless you are involved in pending or possible future litigation, you will probably only meet with an elder law attorney at most a handful of times, to discuss and arrange your advance care and financial directives. Thinking about your wishes before hiring an attorney ensures that most billable hours are used drawing up legal documents.

Advance Care Directives

An advance care plan establishes directives about the care you would want to receive should you become unable to speak for yourself. A living will, one type of advance directive, provides directions to health care providers on the treatment you would want (and would not want) if you are faced with an end-of-life situation. A health care power of attorney, also referred to as durable power of attorney, is another type of advance directive that appoints a person of your choice to speak on your behalf should you become unable to do so. Issues in advance health care include do-not-resuscitate (DNR) orders, intravenous feeding, prolonged use of a respirator, organ donation and the steps you wish to be taken in the event that you are unable to communicate on your own.

Financial Directives

Once you designate another person as your financial power of attorney, that person can make financial decisions on your behalf. Power of attorney is triggered once the document is signed by all parties; however, some people choose to have the document written in such a way that it delineates exactly when the power of attorney is turned over-usually by specifying the point at which they would consider themselves incapacitated or unable to make decisions. Check with your financial institutions to see whether they require additional documentation. If you have granted guardianship to the person making financial decisions on your behalf, then probate courts will oversee the person handling your affairs. For more on guardianship, also known as conservatorship, click here.

If you don't want a power of attorney acting on your behalf, then careful estate planning such as a trust can protect your assets, taking care of your own expenses and/or any inheritance you choose to leave. Possible trust benefits include avoiding probate and lessened estate taxes.

Finding an Elder Law Attorney

Choosing an attorney who is aware of all the issues surrounding your estate is imperative. One trustworthy source for finding a capable attorney specializing in elder law is the National Academy of Elder Law Attorneys, which maintains an online database that allows you to search for an attorney in your area.

Posted in: Elder Law, Powers of Attorney, What Legal Documents Do I Need?

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