Looking for a reason to celebrate? You are in luck! May is National Elder Law Attorney Month! That gives us 31 days to thank the legal gladiators who help us get out of our own way and plan ahead! Let’s celebrate the month by learning more about the legal minds that empower us while we age.
Elder Law Attorneys are old age specialists. While other attorneys narrow down their practice to estate planning or other specialties, attorneys in elder law are generalists in the matters of aging. Estate planning focuses on what happens to your assets and property after you pass away – elder law is concerned about your legal rights as you age.
Spoiler alert: We are all aging, so find an Elder Law Attorney to help you age with empowerment and choice.
What is Special About Elder Law?
Legal issues affecting older people are becoming more common. With laws and regulations becoming more complex, it is important that seniors and people with special needs have attorneys that are well-versed in both the legal issues and the ever-changing laws. Elder Law encompasses many different fields of law, all of which can be important to you as you age.
If you want to have a will drafted, you can go to an estate planning attorney. If you want your documents to take into consideration the complex matters of aging such as public benefits, you want to hire an attorney that regularly handles these matters. An Elder Law Attorney brings expansive knowledge about all the laws that may impact that document.
Examples of Fields of Law
Preservation/transfer of assets
Guardianships
Probate and administration of estates
Retirement benefits, survivor benefits, pension benefits
Public benefits
The comprehensive knowledge of an Elder Law Attorney is often supplemented by a formal or informal system of local professionals who provide services for the physical and mental difficulties that accompany the aging process. These attorneys appreciate the value of local resources and are well-known in senior service-related circles within the community. Elder Law Attorneys ignore myths related to aging and help educate others about the complex financial and social decisions their clients face.
Celebrate Elder Law Month by making your first contact with a local senior law specialist who can help you draft an aging plan. Or if you already have an Elder Law Attorney, schedule a visit to be sure all your documents are up-to-date. You will make their month by asking questions about your aging plan – that’s the stuff they celebrate!
5 Steps to Finding an Elder Law Attorney Near You
Ask for a referral to an Elder Law Attorney near you.
Ask questions.
Discuss fees.
Get it in writing.
Make it a good experience.
1. Find a reputable Elder Law Attorney near you.
As you build your circle of concern to include your family, physicians, and other care specialists, be sure to add a reputable Elder Law Attorney. Don’t be afraid to ask friends, clergy, your financial advisor, or other professionals for referrals to a good attorney that specializes in elder law. If you know any attorneys, ask them for a referral to a local Elder Law Attorney – they will know who can handle the issues of aging and whether they are a good attorney.
2. Be prepared to ask questions.
Your situation is unique to you, but chances are it will not be the first time a seasoned Elder Law Attorney has encountered your situation. Preparation for a meeting starts with the initial phone call. Is this the right attorney for you? Ask lots of questions to determine if this is the right person to walk you through your aging journey.
It is not unusual to speak to someone other than the attorney during your initial phone call. Ask the secretary or receptionist some basic questions that are important to you. For example, how long has this attorney been in practice, and if they specialize in a particular area of law. Get an idea about consultation fees or seminars and other educational opportunities offered by the practice.
Save the more detailed questions for your first meeting with the attorney. A secretary or receptionist is limited in the information they can offer over the phone. Responsible legal advice is not dispensed over the phone without knowing the facts.
Be wary of people who offer legal advice without a law license. It is so common; the Florida Bar created the Unlicensed Practice of Law Program.
3. Get comfortable with talking about money.
Legal services, unlike unsolicited advice, are not free. There are many different ways of billing for services. Be prepared to discuss what services will be provided and how they will be billed – hourly, at what rates, and flat fee services. It is not unusual to have a combination of fees based on the services you are requesting. If you aren’t clear on the fees – ask again. It is important to understand the services you are receiving and what you are paying.
In addition to fees for services provided, most attorneys also charge out-of-pocket expenses such as copies, postage, and other incidental costs. And many will ask for a retainer before starting work on your case. While these may be customary and normal for the practice, it is important that you feel comfortable with the costs so that there are no surprises.
4. Ask for a breakdown of services and costs in writing.
Meeting with an attorney to discuss the complex matters of aging can be overwhelming. Simply ask that the services and fees you’ve arranged for are put in writing. You may add services in the future, but the original agreement can be outlined for you.
Even if your agreement was oral and you aren’t clear about the services being provided, you will be responsible for the charges for work done by the attorney and their staff. Be sure you are all on the same page and get it in writing. It is important that you understand what you have asked for and what it will cost.
5. Communication is key to any successful relationship.
If you don’t feel comfortable with the answers you received from your initial phone call and consultation with the attorney, this may not be the attorney for you. If you don’t like the answers, the reaction of the attorney to being asked questions, or in any way feel uncomfortable, this may not be the person to help you plan your future. Once you find the Elder Law Attorney that you are comfortable with, you will have an advocate through life.
Just like any relationship, a long-term partnership with your local Elder Law Attorney takes trust from both sides. The attorney is relying on the information you are providing and cannot advise you properly if you are holding back. Establish a relationship of open communication and let their knowledge and experience work for you.
Part of working successfully with your attorney is trusting that they are doing what is best for you. There are certain things they will not do, no matter how sweetly you ask. Trust the experts to do what is best in your situation.
This May, give yourself the gift of a compassionate, knowledgeable, personable Elder Law Attorney. Celebrate your life and protect those you love with an estate plan and other documents to give you peace of mind through the end of life. A phone call to your local senior law specialist is the gift that keeps on giving and May is the perfect time to connect.
Protecting us from bad decisions and helping us prepare for the future are two refined skills of this Resource We Love. Find out more about why you need an Elder Law Attorney on your team in the Legal and Financial Section of the Blog.