How an Elder Law Attorney Can Help ANYONE Over the Age of 65

by | Jun 19, 2024 | Aging Parents, Elder Care Advising

Caring for an aging loved one can be a challenging and complex responsibility, often leaving caregivers feeling stressed and stretched thin. Juggling doctors’ appointments, managing medications, handling bills, and ensuring all necessary legal documents are in order can be overwhelming. Then there’s the emotional weight of making well-informed decisions that best support your loved one.

It’s not easy. An elder law attorney can help you successfully navigate all of these issues and more.

At Edwards Group, we believe everyone deserves the peace of mind of knowing their families are well cared for as they age. For almost two decades, our Elder Law team has been creating personalized, comprehensive plans that help make life easier for families like yours. 

Why Is Legal Planning as We Age Important?

Legal planning is critically important as we age and should not be overlooked. While many of us plan for events like retirement or college, planning for the later stages of life is becoming increasingly essential as people live longer and require more care. Preparing for this next chapter is crucial; building a support team to help navigate the choices ahead is critical.

As we age or begin caring for aging family members, numerous considerations arise. These include medical issues, potential long-term care needs, and financial concerns related to assets and estates.

Legal planning can alleviate much of the worry and uncertainty by ensuring that your wishes are clearly outlined and followed. It addresses the “what if” questions and provides peace of mind that your affairs will be managed according to your preferences…

What if you are incapacitated or suddenly unable to make decisions about healthcare, finances, end-of-life care, etc.? Legal planning helps you maintain control over your affairs so that your decisions and choices are carried out, regardless of your ability to communicate them in the future. 

What if you’re worried about how best to protect and safeguard assets like your house? Legal planning covers all of that with tools such as Wills, Trusts, and Powers of Attorney to ensure assets are distributed as intended.

What if you’re unable to make critical healthcare decisions such as treatment or end-of-life wishes? Legal planning can help you formalize your wishes and establish healthcare proxies to ensure your wishes are known and honored by your family members and healthcare providers. 

What if you need long-term medical care? Legal planning for long-term care includes Medicaid planning to help determine your eligibility and help you prepare for and manage the potentially high costs associated with long-term care. 

What if you’re worried your family will fight over your inheritance or assets? Good legal planning can avoid family disputes by establishing clear legal documents, such as Wills and Trusts, which handle the distribution of your assets according to your wishes.

Legal planning is an essential strategy for everyone as they age. It’s a tool that empowers you to make decisions now so that down the road, there is a clear legal framework for exactly how you wish all of your affairs to be managed.

What Is Elder Law and an Elder Law Attorney?

Traditionally, elder law practice focuses on aiding seniors with estate and long-term care planning, including Medicaid benefits and guardianships.

At Edwards Group, we go beyond the traditional scope of long-term care planning, benefits planning, and asset protection to help you with care choices. We can help you find, get, and pay for care while also helping you make informed decisions, protect your loved one’s assets, provide you with comprehensive legal documents, and help you qualify for VA or Medicaid benefits.

Experienced elder law attorneys should be able to help people plan and navigate the financial and legal issues that are most important to them — such as:

Our approach is much more well-rounded than that of traditional elder law firms. We take the time to meet with you and understand your unique goals and values.

We understand that care decisions are of the utmost importance. All decisions must support the care needed. Once we know the type of care that is needed, we can guide you to make well-informed choices for legal and financial matters.

How Does an Elder Law Attorney Differ from a General Practice Attorney?

Simply put, an elder law attorney focuses on the many legal issues related to older adults. In contrast, other attorneys might handle a broader range of legal matters (such as criminal, business, family, or real estate law). 

General practice attorneys may know a little about elder law; however, they likely will not have the deep education and experience that elder law attorneys have from navigating a complex legal landscape.

Elder law attorneys focus on matters of particular concern to older adults, such as estate planning, long-term care planning, Medicaid planning, guardianship, and other legal matters that specifically impact seniors. They also help clients create Wills and establish Trusts while making sure their assets are protected as they age. 

How Can an Elder Law Attorney Help?

Elder law attorneys take a holistic approach to their clients. They blend their expertise and legal knowledge with a compassionate understanding of the unique needs of older adults. 

The roles and responsibilities of an elder law attorney typically include:

1. Estate Planning involves helping clients create Wills, Trusts, Powers of Attorney, and other estate planning documents that are customized to the client’s wishes. 

2Asset Protection Planning involves protecting your assets from the fabled nursing home spend-down, which can be a game changer. Knowing that you don’t have to spend down to qualify for care can significantly affect the outcome of your plan.

3Long-Term Care Planning is an area where specific knowledge is particularly valuable. Elder law attorneys can advise on costs and options for nursing homes, assisted living facilities, and in-home care. A skilled elder law attorney can help older adults not only plan for these expenses but also qualify for the most benefits. And they work to safeguard your assets throughout the process.

4Medicaid and Public Benefits Planning can be complicated. An elder law attorney can simplify the Medicaid eligibility and benefits system. They also advise clients on strategies to qualify for Medicaid benefits while preserving their assets.

5Guardianship – Elder law attorneys can help advocate for and protect the best interests of individuals who cannot advocate for themselves.  

6Financial/Healthcare Support– Besides medical and financial Powers of Attorney, our elder law team can support those aging alone. 

When Is the Best Time to Hire an Elder Law Attorney? 

The best time to hire an Elder Law attorney is before you need one.

The ability to plan for the aging process is real, and fantastic legal tools will protect your assets and help you qualify for benefits later if you need them.  The earlier you start planning, the more tools we have in our legal toolbox.

Anyone 65 or older should have an Elder Care plan. Many people “plan” for retirement, but that only really means the first part, which involves not going to work, traveling, and enjoying life. Because people are living longer, it is now crucial to also plan for the second phase of retirement, when many of us will experience healthcare challenges and impacts on daily living. We can all benefit from building a plan and a team to help support the choices we will need to make around the challenges of aging. 

So, what does all of this mean for you? It means that when you work with the Edwards Group Elder Care team, you will get a holistic approach to elder law and the challenges of aging. 

Planning Now Means Fewer Worries in The Future

It may seem daunting, but planning for the future, especially for the unknown, will give you the confidence and security you’re looking for. You’re not just investing time and effort to make sure the critical decisions are made ahead of time; you’re also giving peace of mind to your loved ones by reducing the likelihood of family disputes or arguments related to healthcare, finances, or inheritance. Families will always have disagreements; however, with clear legal documentation, you’ve taken a massive step in reducing the likelihood of misunderstandings or conflicts among family members.

For nearly a decade, Edwards Group has been creating elder care plans that help put families at ease. Our elder law team is committed to providing compassionate and thorough support for older adults and their families throughout the aging process.

This may be a difficult, challenging time — but you don’t have to go it alone.

“What stood out the most for me was the respect they gave me…knowing that it was such a difficult time for our family. They walked me through every single thing. They called the people that needed to be called, they emailed the people that needed to be emailed…they basically did it all….it took so much off my chest knowing that mom was getting taken care of.” ~ Client Testimonial

–Read more positive testimonials from our clients here

Ready To Get Started?

Take the first step towards securing peace of mind for you and your family today with one of these easy steps:

  1. Explore our website for more information on the topics covered in this article by following the provided links.
  2. Sign up for one of our FREE workshops and see if Edwards Group is a good fit for you!
  3. Schedule an Elder Care Consultation with our experienced team and get personalized advice tailored to your needs.

Start planning for a secure future now!