Elder Law Explained
Elder law is an area of practice dedicated to providing services and legal advice to elderly persons and their families. It encompasses a wide range of legal issues including estate planning, long-term care planning, retirement, guardianship, and elder abuse. Elder law attorneys help seniors with estate planning and ensuring that their remaining assets will be efficiently transferred to their familie after their passing.
Estate planning is the process by which an individual plans for the distribution of their assets and estate after they die. Estate planning is essential for senior citizens. As individuals grow older, there is a greater chance that they may lose the ability to communicate their wishes or make legal decisions. This is especially true for individuals suffering from dementia or Alzheimer’s disease. By planning ahead, stakeholders can ensure that medical and financial decisions will be made in accordance with their wishes, even after they lose the ability to communicate . By failing to plan in advance, stranded family members may have to petition a court for permission to act on behalf of their loved one.
Long term care planning helps seniors maximize their remaining resources and ensure that funds will be available to pay for medical expenses and other costs as they arise. Guardianship is typically the last resort for individuals who have lost the capacity to care for themselves and depend on others for their daily needs. Guardianship involves a petition to a court, which results in a person being given exclusive legal authority to act on behalf of another.
Seniors citizens who are considering either of these areas of law should speak with an elder law attorney to review the various options that are available, even before problems arise. Seniors who plan ahead are far more likely to have a choice in the type and manner of care that is provided in their golden years.
Benefits of Hiring an Elder Law Attorney in Cape Cod
Employing a Cape Cod Elder Law attorney has its own special benefits. Not only is he familiar and experienced with state laws, but he is also familiar and experienced with the local laws and resources in the area. His assistance in finding you the proper resources could prove to be priceless. A Cape Cod Elder Law attorney also has knowledge of the best and most efficient elder law attorneys in the area. If he refers you to a local elder law attorney for a specific matter, you can rest assured that he is sending you to the best person available. The issues which might arise over time are difficult and complex, and having an attorney in Cape Cod who has dealt with these issues many times before will be a valuable resource. Working with a specialist in the field, such as a Cape Cod Elder Law attorney, has its advantages. The advice on estate planning, disability planning, long term care, Medicare, Medicaid, and Social Security appeals are invaluable to all of those who would endeavor to deal with these types of matters.
Elder Law Services
Elder law attorneys specialize in preparing comprehensive estate plans and provide a host of related services. Commonly provided are wills and trusts, both of which help with passing assets upon the death of a loved one, and for preventing them from getting tied up in probate. Estate planning is particularly important for those who have disabled family members, as passing assets or property to them without set planning can leave them voluntarily disqualified from necessary state support for their disability. Beyond wills and trusts, elder law attorneys typically also provide Medicaid planning and other long-term care planning. Pre-planning for Medicaid can be complex. Of course, some will find themselves in need of general advocacy pertaining to the rights of seniors and the disabled (e.g. for discrimination, unfair treatment etc.), and turn to elder law attorneys first. Estate and financial counseling remain popular as well, as many seniors plan for sudden disability or loss of assets and income. This might also include guardianship proceedings, which must be established in probate court when a senior is unable to manage their own financial affairs.
Selecting the Right Elder Law Attorney
Experience is a big factor, so you will want to talk to someone who has many cases that are similar to yours. Does the attorney you are considering write or speak about Elder Law issues? Are they active in Elder Law groups? Do they have designations that show a commitment to Elder Law? In Cape Cod you are not likely to have someone with a "Certified Elder Law Attorney", but there may be an attorney with a "Masters in Tax" designation, and other designations from groups such as the National Academy of Elder Law Attorneys ("NAELA").
Reviews are a big factor, but you cannot solely judge the quality of someone’s work by online reviews. Not every Elder Law issue is simplicity itself and there may be times when an attorney cannot give the answer that the client wants. A poor review may be one in which the client’s expectations were not met, by maybe not any fault of the lawyer. It also may demonstrate a lack of understanding by the reviewer of what the attorney’s job would be. Legitimate bad reviews are hard to find so you should pay attention to any negative reviews and ask the lawyer about them.
The first meeting will tell you a lot. If the attorney seems rushed, distracted and not prepared it definitely is something to take note of. Conversely, if the attorney is prepared for your meeting, presents you with a lot of material, asks good questions and communicates well with you, those are promising signs.
Essential Questions for your Potential Elder Law Attorney
The first step in hiring elder law attorneys is to interview them and see how comfortable you feel about them, as well as how capable they sound. It’s important to the future of your family that you choose the right elder law attorneys from the start .
Here are some questions that you can ask of potential attorneys:
- How many clients have you dealt with who were in our similar situation?
- How many years of experience do you have in elder law?
- Have you had any kind of complaint filed against you or your firm?
- Do you have a fee schedule? Are there any consultations that are free?
- Do you have to review any information before giving your fee schedule?
- Do you charge for telephone calls and e-mails?
- Do you bill by the hour or by the project?
- Are we charged for time spent by staff?
- If we have to go to court, what type of extra fees will there be?
- What is the fee and retainer structure?
- Can we get payments set up if we cannot afford the fees?
- In what way is my information kept confidential?
- If we decide to have an initial meeting, will I have to keep the same attorney for future meetings?
Community Knowledge Matters
The Differences Local Expertise Make
Local statutes, particular court precedents, and other jurisdiction-specific factors can all influence the direction of a legal case. With know-how drawn from decades of experience, you are able to sidestep landmines, and transferred knowledge helps your case be decided in a more favorable way. The attorney can also help you get to know the judges, the clerical staff, and even your opponents. These connections can help smooth over wrinkles that can make any case more difficult than it needs to be. A Cape Cod attorney who specializes in elder law has had the time to build many of these connections, and can navigate particular obstacles with relative ease. Finding a Cape Cod estate planning attorney who is versed on the local real estate and probate practices can also save you considerable headaches in later life.
Testimonials and Case Studies
One of the most persuasive elements to consider when choosing an Elder Law attorney in Cape Cod are testimonials and case studies from satisfied clients. A glowing review and a successful case study go a long way to backing up an argument for hiring a specific elder attorney. Past clients are not paid or compensated in any way to speak about their experience and because of that, you can begin to see the value and worth of this sort of information. Another layer of value in testimonials and case studies is the fact that you can research not just one case study but a series of them. Sometimes a handful of case studies is enough information to help you make a decision regarding hiring a specific elder law attorney. Typically , case studies will present a problem or challenge and describe the research that the attorney did to find a classification for the problem. Then the case study goes on to describe the solutions that were proposed and the results that came from the solutions. This level of detail can prove to be extremely educational as you try to determine whether or not a specific elder law attorney is the right fit for you.