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  • Writer's pictureMcNickle & Bonner

Elder Law Attorney

Law is a highly varied field with many specializations. One of these specializations is elder law. As the name implies, this specialization is primarily occupied with serving the needs of older adults.

Elder law attorneys provide legal counsel for their elderly clients and their families. In addition, they advocate for elderly rights, helping to navigate related state, federal, and local laws. Because of the sphere of their activities, it is possible to mix up the duties of an elder law attorney with that of an estate planning attorney. The latter deals with post-mortem wealth redistribution, especially in the matter of wills. On the other hand, an elder law attorney provides services to the client when they are still alive.

An elder law attorney’s activities include the following:

● Medicaid and Medicare compliance, appeals, and claims

● Social security and disability benefits, appeals, and claims

● Long-term health care insurance

● Retirement benefits and plans

● Elder-related fraud and abuse

● Visitation rights

● Conservatorship and guardianship

● Living will and last will

Why Do You Need an Elder Law Attorney?

Here are some reasons why you should consider getting an elder law attorney:

Developing a long-term care plan

Often, divisions in opinions occur in families regarding the kind of long-term care that they want their elderly ones to enjoy. An elder law attorney provides professional insight into these decisions and can help you and your family decide on the best long-term care plan.

Home care is not always ideal, as more specialized care is often required. An elder law attorney will recommend the best course of action regarding the care and protection of elder ones.

Implementing an efficient power of attorney

This is especially ideal when the older person in question has a mental-related issue such as dementia that may hamper their ability to make logical decisions.

Working closely with an elder law attorney will help you formulate a strong power of attorney. The appointed person can then make decisions for the elder one by proxy.

In cases when old age and decadence had set in before the elder was able to set up a power of attorney, the appropriate lawyer can assist in guardianship proceedings to protect the interests of your elderly loved ones.

To provide advice and professional insight

An elder law attorney specializes in the affairs of older adults. Thus, they can help discuss estate planning and wills, considering probate proceedings, special needs, and other related issues.

How Much Does it Cost to Hire an Elder Law Attorney?

Generally speaking, elder law attorneys are paid on an hourly basis. However, there are instances when the payment is a flat rate, often as high as $1000. The latter applies to consultations and one-time jobs like document signing and reviews, will preparation, and return tax filing.

What Questions Should You Ask an Elder Law Attorney?

You should ensure that you hire an experienced lawyer in your chosen area of need, such as will preparation, wealth distribution consultation, and visitation rights. In addition, you must have a good personal relationship with the attorney to enable you to ask questions such as how long they’ve been in the business, their billing system, and their level of expertise in elder law.

At McNickle and Bonner, we have trusted elder law professionals who can seamlessly handle all of your legal issues. Contact us today!


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