Most people understand elder law as a specific area of practice focused on the needs of seniors, disabled adults, and their families.
However, many don’t realize that all elder law attorneys are not equal. The right elder law attorney can significantly impact the well-being of aging individuals and their families, addressing a wide array of legal matters, from Medicaid planning to estate planning.
In this blog, we’ll examine some of the key factors you should consider when selecting an elder law attorney and how to find the right elder law attorney for your specific needs.
What Exactly is Elder Law?
Elder law is an area of legal practice that addresses the intricate issues affecting older and disabled adults. It encompasses a wide range of legal matters, from protecting a life’s savings and managing health care decisions to preparing for long-term care costs and ensuring the proper use of durable powers of attorney.
The significance of elder law cannot be overstated; it provides peace of mind for aging individuals and their loved ones, safeguarding both their legal rights and financial well-being.
At Jarvis Law Office, we firmly believe in the “lifetime approach” to elder law. We partner with our clients throughout their lives, adapting to changes and evolving needs. Our elder law practice features a team that includes not only experienced elder law attorneys but also Certified Dementia Practitioners, a Certified Alzheimer’s and Dementia Care Trainer, and a Certified Medicaid Planner.
Breadth of Knowledge, Depth of Experience
The breadth of knowledge and depth of experience that an attorney brings to their practice can have profound implications for the quality of legal services provided. Some general-practice law attorneys will dabble in areas commonly associated with elder law. However, the scope of knowledge held by an experienced elder law attorney extends well beyond what most general-practice attorneys are familiar with.
This is because elder law isn’t just about drafting legal documents or managing one aspect of a client’s needs; it’s about a holistic understanding of the law as it applies to the aging process. This includes navigating complex areas such as Medicaid planning, where the laws change frequently and are state-specific.
It also involves adeptly coordinating with health care providers, social workers, and geriatric care managers to ensure a comprehensive approach to their specific legal plan and to the client’s unique situation and needs.
Key Questions to Ask When Choosing an Elder Law Attorney
Selecting an elder law attorney is crucial and should be guided by specific questions to ensure their experience, focus and approach matches your needs. Among the most important is whether the attorney has experience in the specific areas of elder law you need. Ask questions such as:
“How long have you been practicing elder law?”
“Can you share examples of situations similar to mine and how you approached working with that family?”
“What areas of elder law do you most frequently handle?”
Experience in elder law is vital, as it equips attorneys to foresee challenges and provide sound advice. Assess their track record with Medicaid planning, trust creation, and long-term care planning, including knowledge of long-term care insurance intricacies and current costs for care that may or may not be covered by such insurance.
Familiarity With Government Benefits and Long-Term Care Options
When meeting with a prospective elder law attorney, discuss long-term care insurance and government benefits with questions like:
“How do you approach long-term care planning?”
“What strategies might you recommend for someone in my situation?”
“How many Medicaid applications does your firm file in a month and year?”
“What does the timeline typically look like for Medicaid approval in the situation we just discussed?”
A good elder law attorney not only knows the legalities but also cares about clients’ well-being. Your elder law attorney should be comfortable working with healthcare professionals for a holistic approach. At Jarvis Law Office, we value our relationships with clients and offer compassionate, coordinated legal support to protect you and your family’s future.
Relationships Mean a Lot!
Our elder law attorneys’ relationships with families are all about partnership and trust, particularly in securing the best possible care and coordinating the legal and financial affairs of aging loved ones.
Working alongside adult children, we help create living wills that clearly articulate a senior’s healthcare wishes in the event they can no longer communicate those wishes themselves. This legal document is a crucial aspect of healthcare planning, providing peace of mind for both the senior and their family members that end-of-life decisions will reflect the elder’s values and desires.
A particularly crucial aspect of our work with families is the prevention of elder abuse. Elder abuse can take many forms, including financial exploitation, physical harm, and emotional mistreatment. As experienced elder law attorneys, we are vigilant in creating legal safeguards that protect seniors from such abuses.
We educate families on the warning signs of elder abuse and the steps to take if abuse is suspected, ensuring the senior’s safety is always a top priority.
Services Offered by Jarvis Law Office
Jarvis Law Office offers a comprehensive suite of legal services designed to meet the diverse needs of seniors and their families. Our services encompass all key aspects of elder law. At the heart of our practice is a commitment to safeguarding the interests of our elder clients and their family members, ensuring their well-being is protected at every turn.
Special Needs Planning
Jarvis Law Office excels in special needs planning, offering legal support to families with disabled loved ones. Our attorneys skillfully establish special needs trusts and manage legalities to ensure quality care without compromising government programs, including vital programs that provide income and health benefits coverage. We understand the nuances of special needs and strive for legal solutions that embrace the full spectrum of our client’s lives—legal, financial, healthcare, and quality of life. Our holistic and compassionate approach ensures plans that respect our clients’ histories, current needs, and legacies.
Asset Protection for Seniors
At Jarvis Law Office, we prioritize asset protection planning, preserving dignity and peace of mind for all, debunking the myth that it’s only for the wealthy. Essential for middle-class stability, maintaining the quality of life for spouses, and inheritance planning, our strategies protect assets from the unforeseen costs of aging and health care. By implementing astute asset protection measures, we enable our clients to face potential health challenges without the fear of financial ruin, ensuring their peace of mind and the preservation of their legacy and dignity.
Medicaid Planning
Medicaid planning is a cornerstone of elder law. Understanding the intricacies of Medicaid can be daunting for many elder law attorneys, but at Jarvis Law Office, we are well-versed in the latest rule changes, tools, and strategies that can help seniors protect their assets while qualifying for government benefits. Because the cost of long-term care has risen so dramatically in the past few years, it’s vital that seniors be able to incorporate options for dealing with the cost of long-term care in their planning. In the absence of proper planning, far too many individuals face completely exhausting their life savings when they need long-term care later in life.
Estate Planning
Estate planning is another critical component of elder law, encompassing far more than drafting wills. Elder law attorneys assist clients in creating comprehensive estate plans, including a variety of trusts and other legal tools, including enhanced powers of attorney, which not only ensure that an individual’s wishes are respected in the event of their incapacity or death but that their agent can take the steps needed if they need care later in life and wish to preserve their assets.
These documents designate legal authority to chosen individuals, who can then manage legal and financial matters throughout the individual’s lifetime and later ensure the proper distribution of the estate according to the person’s wishes.
Disability Planning
Disability planning also falls under the legal umbrella of elder law, addressing the needs of those who may become incapacitated or have special needs that require legal protection. This can involve setting up special needs trusts, planning for the distribution of substantial assets to avoid impacting disability benefits, and ensuring that any adult child (adult or minor) with a disability is provided for in a way that enhances their quality of life.
Powers of Attorney and Long-Term Care Planning
Powers of attorney are another key service we provide. These legal instruments are essential for granting a trusted person the authority to handle financial and health care decisions on behalf of the senior. We understand that selecting the right person to hold this responsibility is a significant decision, and we guide our clients through the powers of attorney process with sensitivity and expertise, ensuring that the powers granted align with the client’s wishes and the needs of their family members.
Long-term care planning is another cornerstone of our practice. The high costs associated with long-term care can be catastrophic for a senior’s finances, and Jarvis Law Office is committed to helping clients develop plans that address these concerns.
We help families understand the options available to them, from long-term care policy review to accessing government benefits and other financial strategies. These strategies aim to ensure that seniors can access the care they need without jeopardizing their financial security or that of their families.
Trusts and Wills
Beyond healthcare directives, the establishment of trusts is another service we provide to manage and protect a senior’s assets. Trusts can be a vital tool for asset protection, enabling a more efficient transfer of wealth and potentially reducing exposure to taxes. They can also ensure that any inheritance left to adult children or other beneficiaries is managed to protect those assets from loss due to events like divorce, lawsuits, and bankruptcy. These types of trusts can also pass on the values of the elder parent and help provide a financial safety net if the parent has been acting in that role for their adult child previously.
In addition to living wills and trusts, we assist families in establishing plans for managing bank accounts and other assets. This often involves creating trusts or durable powers of attorney for finances, which authorize a chosen individual—usually a trusted family member—to handle financial transactions on behalf of the senior. This legal authority can cover a broad range of activities, from paying bills and managing investments to selling property and handling other significant financial matters.
Probate
Jarvis Law Office understands the vital role of probate in elder law, ensuring a person’s wishes are respected and their estate settled fairly. Our attorneys adeptly navigate probate to distribute the estate correctly. We recognize the process can be long and complex, so we are dedicated to guiding clients through probate with care and proficiency, easing the burden for families and ensuring a seamless and true-to-intent asset transition.
Memory Care Planning
Jarvis Law Office provides crucial support for memory care planning, addressing the challenges of aging, from long-term care to financial security. Our elder law attorneys in Central and Southeast Ohio offer tailored guidance, helping clients plan for the future with confidence. We focus on quality care and asset protection, ensuring our clients and their families have peace of mind now and into the future. With Jarvis Law Office, you can confidently navigate aging with a comprehensive and thoughtful plan.
We’re Committed to Your Future
At Jarvis Law Office, we dedicate our entire practice to understanding and addressing the comprehensive needs of the elderly. This focused approach allows us to stay abreast of the ever-changing laws affecting seniors, including the rules surrounding government benefits like Medicare and Social Security, and the legal intricacies related to nursing home costs and long-term care planning.
Choosing an elder law attorney is a significant decision that affects your loved ones’ lives and legacies. At Jarvis Law Office, our attorneys and staff stand ready to assist with every aspect of elder law, bringing unparalleled experience, comprehensive services, and a commitment to excellence that sets us apart. With our lifetime approach, we are not just preparing for the future; we are actively shaping it with and for our clients.
We invite you to reach out to us at Jarvis Law Office to learn more about how our services can address your specific elder law needs.
