Attorneys can get a bad rap. Especially after decades of TV shows and movies sensationalizing the clever lawyer who yells, bullies, and tricks their way into a winning verdict for their client. We’ve been subtly conditioned to be wary of all lawyers. Know any good lawyer jokes? Of course you do.
Some types of lawyers fall into this stereotype well. The litigators who spend their days arguing cases or prosecuting attorneys who work tirelessly to build cases against allegedly guilty defendants. It’s hard to imagine these people as approachable, conversational, or even friendly. If you are stressed out at the thought of meeting with an Elder Law Attorney, here are a few reasons you can put those concerns to rest.
3 Reasons to Have No Fear
- Elder Law Attorneys are Actually Nice
- Their Knowledge is Impressive
- Elder Lawyers Can Help You Plan (or Help in a Crisis)
1. Elder Law Attorneys are the “Nice Guys”
Attorneys specializing in elder law are the nice guys (and gals!) in the legal profession. Driven by a passion to advocate for seniors and their families, these lawyers focus on solving problems, not creating them. Elder law specialists offer a more in-depth knowledge of the issues that come with aging. This helps establish a comfortable rapport that older clients appreciate.
An aging plan is one of the ways that Elder Law Attorneys help families. Avoid developing an estate plan for too long and your legacy can be at risk – inherited by the wrong people and creating unfortunate rifts in relationships. Elder law specialists understand the sensitivities that come with deciding who will be named power of attorney or health care surrogate. They are your advocates and want you to feel comfortable with the decisions you have made – and that you can change your mind in the future.
2. Elder Law Specialists have a Deep Knowledge Base
These legal specialists are schooled in more than one area of law. Elder Law includes many topics in the matters of aging including estate planning, incapacity planning, and long-term care planning. Each of these areas of elder law requires the attorney to be both compassionate and informed about an incredible number of laws. Conversations about end-of-life planning and ensuring financial security for your family can be emotional. You can count on their experience, knowledge, and even a little bit of humor to help you through.
As recently as 2021, only one in 20 Florida Bar members can call themselves “board certified” in any of 27 areas of law. For an Elder Law attorney, this special certification designates the individual as one who has the knowledge, skill, experience, and judgment to be identified to the public as a Board-Certified Elder Law specialist. Once board-certified, the education of an Elder Law Attorney continues – through regular client contact and recertification every five years.
3. Pre-Planning or Crisis – It’s Your Call
There are risks to delaying an estate plan and your attorney wants you to understand that you are putting your family in a difficult situation. However, sometimes the opportunity to create a plan has passed, and now you must react to the situation at hand. You need a local Elder Law Specialist who is skilled enough to help you through crisis situations. The need for their guidance is undeniable in the guardianship process, probate, trust administration, or long-term care cost solutions.
Even the best-laid plans can go sideways. Perhaps you have a power of attorney acting in bad faith or siblings disagreeing on the best course of action for an incapacitated parent. An Elder Law Attorney is there to walk you through the most difficult decisions of your life and ensure those decisions are honored in death. The relationship you can develop with your Elder Law Attorney will prove invaluable.
Don’t believe your kids would squabble over your estate? Don’t have kids? Set a goal to schedule a consultation with an estate planning attorney within the next 30 days. You don’t know what you don’t know, and a short consultation can put you on the path to avoiding a full-blown crisis.
3 Myths about Elder Law Attorneys
- They are Out to Get You
- The Services of Elder Law Attorneys are Prohibitively Expensive
- DIY Documents are Less Expensive
1. Elder Law Attorneys are Not Here to Take Advantage
Working with an estate or trust attorney may be more transactional, which means your relationship ends as soon as the documents are executed. Your relationship with an Elder Law specialist is more likely to be long-term so they are interested in your long-term satisfaction. The main concern of an Elder Law Attorney revolves around how to sustain the quality of your life and maintain your legacy.
While you may be losing sleep at night, envisioning your local Elder Law Attorney gleefully rubbing their hands in anticipation of getting their hands on All. Your. Money. That is just not the case. In fact, they are more likely to recommend a plan of action that protects you from the high-dollar services, such as executing a power of attorney rather than waiting to pursue guardianship. Accepting their guidance to execute estate-preserving documents is always your choice.
2. The Services of an Elder Law Attorney are Expensive
An Elder Law Attorney recommends the plan that is best for you because that is their ethical duty. While people hesitate to pay a few hundred dollars for a document, they fail to understand the financial fall-out of not having the document can be thousands of dollars. For example, executing a power of attorney to choose someone to make decisions for you in the event you are not capable can be a few hundred dollars. If you fail to execute a power of attorney, it can end up costing your estate upwards of $15,000 or more due to attorney fees and court costs for guardianship.
Another example is the required documents to avoid probate. An Elder Law Attorney can prepare documents in your aging plan to protect your property and heirs from the probate process. Failure to execute these documents will result in the property going through probate with a percentage of the estate – often more than the cost of the original documents! – going to the attorney.
A crisis situation is always more expensive. It’s a hard lesson to learn – if you fail to plan, your crisis is going to end up costing you a lot more time and money.
3. I’ll Just Get My Documents Off the Internet
Please don’t. Now is not the time to Do-It-Yourself. It cannot be overstated – the details needed to have a valid power of attorney in the state of Florida cannot be found on an online document. If you are trying to save money by printing a power of attorney off an online website, you’ll find that this will end up costing you more time, money, and plenty of aggravation.
Beyond proper witnesses and notarizing, the document itself must be effectively worded to empower your agent to accomplish what you want them to do. The document must give specific authority to the agent to perform specific acts, including banking and investing, among others. If the document is unclear or improperly witnessed and notarized, it is likely to be deemed invalid, the inconvenience of which cannot be measured during a time of crisis.
How Much Do Elder Law Attorneys Charge?
The short answer is – it depends. Some attorneys will charge for a consultation, and then put that fee towards the cost of any services you hire them for. There are attorneys that charge by the hour while some have package prices. The best way to find out what an attorney charges is to call and ask. The cost of inaction will be greater than the expense of one consultation.
Your aging plan requires more than “free advice” from an attorney. Through years of schooling and experience, they have developed a unique understanding of the complexities of aging successfully. This understanding requires a thoughtful consultation with you in an environment that encourages you to openly share your goals, finances, concerns, and end-of-life wishes.
Elder Law Attorneys are a special group of compassionate, caring, and legally savvy professionals, easily making them one of the Resources We Love. Read more about their depth of knowledge in matters related to aging in the Legal and Financial Section of our Blog.