Knowing when to hire a legal professional can be a difficult choice, but it’s especially tough to know when to hire an elder law attorney. Their specialized knowledge makes them helpful in many situations, but not everyone knows how they can help. Some people even avoid hiring an elder law attorney because they’re still young, don’t think they need an estate plan, or don’t think it’s worth the hassle. Still, an elder law attorney could be the right choice for you.
Elder law attorneys offer legal advice you cannot get from any other professional. Hiring an elder law attorney now to help guide you down the right track can help you avoid mistakes down the road. So, when is the best time to hire an elder law attorney? Here, we review examples of when to hire an elder law attorney and explain how they can help.
Before making an estate plan
Elder law planning is a massive legal challenge. Will and estate law are some of the most complicated legal areas to navigate. Setting out to create an estate plan on your own, especially if you have no legal experience, is not a good idea. If you don’t have legal expertise, you’re bound to make mistakes, which can be costly or cause problems down the road. Some of the most common estate planning mistakes seniors make include:
- •Not naming a power of attorney.
- •Forgetting or not knowing about tax implications.
- •Not updating an estate plan frequently.
- •Not taking advantage of trusts and other documents that can help protect your assets.
There are many other ways to make errors in your estate planning. An elder law attorney can help you avoid these mistakes. They help you plot a course of action and guide you through the process, ensuring that you have everything in order so you can have peace of mind and secure the outcomes you wish for.
When you have a legal issue specific to seniors
Having an attorney is valuable whenever you have a legal issue, but there are some problems that seniors run into that other people do not. All lawyers can be helpful in these situations, but an elder law attorney’s experience and specialized knowledge could make all the difference in your family’s lives. They have studied these scenarios and know how to get the best outcome for you.
An elder law attorney can help if you encounter any of the most common issues facing seniors, including:
- •Nursing home neglect.
- •Elder abuse.
- •Housing insecurity.
- •Income insecurity.
- •Age discrimination if you are still in the workforce.
There are scenarios in which an elder law attorney can help, even if you aren’t a senior yourself. If there is a dispute about the terms of a loved one’s last will and testament, you might face a will-contest lawsuit from another beneficiary. An elder law attorney can stand for you in a will-contest hearing.
Before a downturn in health
The best time to get legal advice from an elder law attorney is before your health declines, especially if you are experiencing cognitive decline due to an illness like Alzheimer’s or another form of dementia. If you want to advocate for yourself and express your desires about long-term care and end-of-life decisions, you must do so while you can.
An elder law attorney will help you prepare. They can make sure that your wishes for medical care and end of life are clear. They might suggest that you write down your desires in a living will or advance health care directive, in addition to taking other essential planning steps. It is crucial that you make these serious decisions before a downturn in health. An elder law attorney will recommend all the most important planning tools so that your loved ones will know what to do should you become unable to express your wishes.
If you receive Medicaid benefits
Medicaid is a federal- and state-funded program that provides health insurance for low-income, disabled, and older adults. If you or a family member you care for has Medicaid insurance, you could benefit from hiring an elder law attorney.
Medicaid’s estate recovery program can be a serious hurdle. After an enrollee’s death or permanent institutionalization, Medicaid requires states to collect specific benefits that the program paid for the enrollee. If the Medicaid enrollee is 55 or older, states require that their estate repay these services:
- •Hospital and prescription drug services.
- •Home- and community-based services.
- •Residential stays at nursing home facilities.
Understanding the effects of the estate recovery program is crucial for seniors and their families. Many families don’t know that their state requires repayment for certain services. Failing to repay the cost of these services can mean a lien against your real property, including your family home. Not planning for repayment can mean losing everything that you have worked for during your lifetime.
An elder law attorney can help you effectively plan to repay what is required by your state after your or your loved one’s death or during their lifetime. An elder law attorney can also help you respond if the state sues your family to recover Medicaid benefits. Families responding to a property lien could face a lengthy legal battle. Losing your case can mean losing your property, including your family home. An elder law attorney can help your family protect its property and legacy.
If you are age 55 or older
Most people associate elder law attorneys with seniors, but you should consider hiring an elder law attorney once you’ve reached age 55. Although you might still have a long time before retirement, that time moves quickly, and you should be prepared.
The older you get, the more vital it is that you consider your long-term care plan. An elder law attorney can help you prepare for a time in your life when you might need help caring for yourself.
At this age, you should begin considering what you want retirement to look like. Start asking yourself some important questions like:
- •Do I want to keep living at home?
- •Will my health make it dangerous to live alone?
- •Will I need in-home care or to live in a senior care facility?
Whatever your goals are, you will need a solid financial plan to ensure you can carry them out. An elder law attorney can help you create a plan to achieve each of your goals. They can help you decide what assets to put away now so you can live the life you envision later.
It’s tempting to delay hiring a lawyer. There is always a reason to put it off, whether it’s to avoid the expense or it just feels overwhelming. Hiring an attorney is never at the top of anyone’s to-do list. However, getting legal help now can save you a lot of trouble. Finding the right elder law attorney will protect you and your family now and in the future.
