When to Use an Elder Law Attorney?

By now most of us have a general understanding of what services are provided by an Elder Law Attorney. The big question is when do we need those services?

It is easy to point our family or friends to an Elder Law Attorney for a consultation. It is even easier to sit back and comment on how they should have gone to see the Elder Law Attorney years before their time of need. But when is the right time for us?

The answer to this question depends on what you are trying to accomplish and where you are in your life. Let me outline three areas of Elder Law Planning that might be right for you today.

First, Planning for Disability and Death

All of us need to plan ahead for the possibility of disability and the inevitable transfer of assets after death. Death and disability are not a respecter of age, wealth or marital status. We all need to have a Last Will and Testament, a Financial Power of Attorney, a Medical Pow¬er of Attorney and a Living Will.

It’s not fair, but you cannot wait until you need these documents to call and schedule an appointment with the Elder Law Attorney. You need to put these documents into place now, in advance.

Second, Crisis Nursing Home Planning

If you or a loved one is in nursing home or long term care program, then now is the time to consult with an Elder Law Attorney. An Elder Law Attorney can help you make sense of the differ¬ent long term care options, help you understand the benefit programs available to help pay for that care, help you understand your rights, and help you to protect your family and your savings.

If you need long term nurs¬ing home care, now is the time to schedule that appointment. If your nursing home stay is going to be short term, now is still the time to call. This may be your second chance to put planning into place. There may also be planning options that can be put into place to take advantage of short term nursing home placements.

Third, Early Asset Protection Planning

You may not need long term care now, but you may be worried about the future. You could wait until you need that care to call the Elder Law Attorney, or you could schedule that appointment now to discuss advance planning options. Many early retirees are working with trusts, long term care insur¬ance, or other planning tools to set aside assets, trigger the 5 year look back period to start running, pro¬tect the assets from their children’s creditors, and ensure that the assets are protected if they later need long term care.

Which option is right for you, will largely depend on you. The ear¬lier you put this planning into place, the more options are available for your consideration.

Where do we find answers to these questions?

We have been helping families like you with these and other Elder Law issues since 1990. The Malee Law Firm has specially devoted its practice to helping you understand your long term care options and protect what’s yours now. The ear¬lier you act, the more options are available to you, but it’s never too late to plan.

The Malee Law Firm has specially devoted its practice to helping you understand your long term care options and protect what’s yours now.

All of us need to plan ahead for the possibility of disability and the inevitable transfer of assets after death.

The earlier you act, the more options are available to you, but it’s never too late to plan.

Resources: 

Valley Journal Nov-Dec 2009