Forbes’ article entitled “Hiring an Elder Law Attorney” tells us that elder law attorneys are lawyers who assist older adults and individuals living with disabilities, their family members and caregivers with planning related to long term care in addition to traditional estate planning. Many attorneys are familiar with certain aspects of elder law, but Certified Elder Law Attorneys (CELAs) have experience and expertise with these specific planning issues.
The types of issues with which an experienced elder law attorney can help are numerous. They may include some or all of the following:
Long-term Care Planning
Certified Elder Law Attorneys understand that close to 70% of adults over the age of 65 (US Administration on Aging) will need some type of Long-term care. This could include in-home care, assisted living care, memory care, or nursing home care. All of these care options are expensive, and can potentially bankrupt even a healthy savings account. An elder law attorney can use legal strategies to plan for these expenses.
One common strategy is proactive Medicaid planning, including the preservation and transfer of assets. In Texas, Nursing Home Medicaid can cover the cost of 24 hour skilled nursing care when needed. There are complicated rules to qualify, and legal work is often needed before someone can qualify.
Another strategy is to access Veteran’s Pension benefits to offset the cost of personal care assistance. For qualified war-time veterans, this benefit can help them pay for a higher level of care or reduce the amount they need to withdraw monthly from their savings to pay for care.
Traditional Estate Planning
Elder Law Attorneys are also experienced with traditional estate planning, including drafting wills, creating various types of trusts as well as completing advance directives like Powers of Attorney, Directive to Physicians, and other documents. Both will-based and trust-based estate plans have their benefits and drawbacks. The attorney will advise you about the best options for your particular situation.
Another important aspect of estate planning is Probate and estate administration.
Planning in case of incapacity can also include conservatorships and guardianships, in the event that you become physically or mentally incapacitated. Proactive planning by a Certified Elder Law Attorney can often prevent the need for these measures.
Words of Caution
Sometimes families are enticed by offers of “Free VA Planning”, Medicaid qualification guarantees, or do-it-yourself wills, only to find out that the planning wasn’t done properly or completely. These mistakes can have catestrophic consequences. According to Texas Human Resources Code Section 12.001 “non-attorneys are prohibited from charging a fee for assisting or representing a person in obtaining Medicaid benefits from the department.” The penalty for violating this practice is a Class A Misdemeanor, punishable by jail and fine.
NAELA advises that the Medicaid eligibility rules are complex and change frequently. It is important to consult with an attorney knowledgeable about this program to get accurate, thorough and reliable advice on your options. Mistakes can be costly and information from non-attorneys is often inaccurate or incomplete.
Working with a Certified Elder Law Attorney can give families the peace of mind of knowing that solid plans are in place in case of incapacity or disability.
Next Steps
Most CELAs offer a free or moderately priced initial consultation. At the end of the consultation, a flat rate will be quoted for most legal work. This way, clients know what the work will cost before signing the engagement agreement. Contact our office to schedule a free consultation. We are here to help.
Reference: Forbes (Oct. 4, 2021) “Hiring an Elder Law Attorney”
