America's population is aging rapidly. In fact, research shows that the number of people aged 65 and older will more than double over the next 40 years, reaching 80 million by 2040. With that shift come legal challenges that traditional legal services weren't designed to handle.
Today’s elderly, anyone sixty-five and older, face a range of issues affecting their lives, from healthcare costs that can wipe out their savings to dealing with complex family situations where adult children must make difficult decisions about their parents' care and finances.
Elder law is a practice area focused on the legal issues affecting senior citizens and their families. It addresses the needs of older adults and individuals with special needs, covering concerns such as estate planning, health and long-term care planning, elder care, and guardianship decisions.
Elder law attorneys are legal professionals who specialize in legal matters affecting older adults and their loved ones, providing advice and advocating on their behalf. Their expertise in legal planning helps develop protection strategies that secure the future of seniors and individuals with special needs.
What Does an Elder Law Attorney Do?
Elder law attorneys handle a wide range of legal issues affecting older adults and their families. Their practice typically includes estate planning, drafting wills, setting up trusts, and creating durable powers of attorney. They specialize in protecting financial assets and guiding clients through programs like Medicaid, Social Security, and Medicare benefits.
In addition, these attorneys assist with guardianship proceedings, financial planning for retirement or disability, and help families plan healthcare needs, including advance directives and long-term care arrangements.
Why is Durable Power of Attorney Created?
A durable power of attorney (DPOA) is a legal document that allows you to designate another person the authority to make legal and financial decisions on your behalf when you can no longer make decisions for yourself. Unlike regular powers of attorney that become invalid if you become incapacitated, a durable power of attorney remains effective even if you become mentally or physically incapacitated.
The purpose of DPOA is to protect your finances, plan for medical emergencies, and give you control over who makes decisions. Without this protection, your family may need to go through court proceedings to obtain guardianship or conservatorship just to access your accounts or manage your affairs during a medical emergency.
When Should You Hire an Elder Law Attorney?
You should consider hiring an elder law attorney when you or a loved one approaches retirement age or begins to face age-related legal concerns. This could be when you're in any of these situations:
- You or your loved one has been diagnosed with a chronic illness, disability, or cognitive decline
- You or your loved one need help with long-term care planning, Medicaid planning, or special needs planning
- You or your loved one suspects elder abuse or financial exploitation
- You’re applying for government programs and want to protect assets
- You want to set up or update a will, trust, or power of attorney
- You're coordinating care for aging parents and need legal authority to manage their affairs
- You’re dealing with guardianship or conservatorship issues
Do Elder Law Attorneys Provide Free Legal Advice to the Elderly?
Most elder law attorney services are paid, as they operate businesses that require compensation for their expertise. However, many offer free initial consultations where you can discuss your situation and explore your options. There are cases where the elderly can access free or discounted services if they qualify for nonprofit legal aid organizations, senior centers, or state-funded programs.
Tips to Select the Right Elder Law Attorney
Selecting an elder law attorney involves careful research and evaluation to find an attorney with the knowledge and understanding of your unique needs. Here are some tips on what to look for when making your selection
- Assess Your Needs: Determine where you require assistance to find an attorney with understanding and experience in those particular situations.
- Verify Credentials and Experience: Confirm the attorney is licensed in your state and focuses specifically on elder law. Look for certifications from the National Elder Law Foundation or membership in the NAELA (National Academy of Elder Law Attorneys), which indicate they are trained and pursued continuing education relevant to the field. Ask how long they’ve handled elder law matters and about their experience managing cases similar to yours.
- Schedule Consultations: Take advantage of the free initial consultations offered by some attorneys. This is your opportunity to meet with them and compare their approaches to your case and communication styles. Use these meetings to assess how well they explain legal concepts and whether they demonstrate genuine interest in your circumstances.
- Review Fee Structure and Affordability: Discuss the attorney's billing structure and ensure it aligns with your budget. Since elder law matters often require ongoing representation, ask about long-term costs and payment options that fit your budget.
- Ask for Referrals and Recommendations: Your family members, friends, or colleagues can provide you with references from their personal experiences. They are your trusted sources that can point you to someone respected and trusted in the field.
- Evaluate Comfort Level: Choose an attorney who makes you feel comfortable and confident in their ability to handle your situation, so you can build a strong attorney-client relationship.
Whether you're planning for the future or ensuring a loved one is cared for, the key is to find the right elder law attorney early. At Remote Attorneys, we have qualified elder law attorneys who have experience helping clients and law firms. They are trained to handle cases and offer expert advice and representation to every client.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific guidance, it’s best to consult with a legal professional.
