An elder law attorney focuses on legal matters affecting older adults and their families. Depending on the situation and state law, an attorney may help with Medicaid and long-term care planning, wills and trusts, powers of attorney, guardianship, nursing home issues, asset protection, probate, or suspected elder abuse and financial exploitation.
Anthony H. Misseldine is a Business Law attorney at JacksonWhite P.C. serving clients in Mesa, Arizona.
Rancho Cucamonga business attorney helping individuals and businesses resolve disputes and legal challenges.
Elder law covers several areas rather than one specific type of case.
Consider speaking with an elder law lawyer when:
Before hiring an attorney, ask:
How much of your practice focuses on elder law?
Do you handle Medicaid and long-term care planning?
Do you regularly work with the laws in my state?
Do you handle guardianship or contested matters?
Who will work directly on my case?
How are your legal fees structured?
What documents should I bring to the consultation?
Is elder law the same as estate planning?
Not exactly. Estate planning can be part of elder law, but elder law may also cover Medicaid, long-term care, guardianship, elder abuse, financial exploitation, benefits, and other legal problems affecting older adults.
When should I hire an elder law attorney?
You may want legal advice when planning for long-term care, applying for Medicaid, establishing a guardianship, preparing important legal documents, protecting assets, or dealing with suspected abuse or exploitation.
Can an elder law attorney help with Medicaid?
Yes. Elder law attorneys may advise clients about Medicaid eligibility, long-term care planning, asset and income rules, trusts, spousal protections, and related issues. Specific requirements depend on federal and state law.
Can an elder law attorney help protect assets from nursing home costs?
An attorney can explain lawful planning strategies based on your circumstances and state law. The available options vary, so families should avoid transferring assets solely to qualify for Medicaid without first understanding the consequences.
Do elder law attorneys handle guardianship?
Many do. An elder law attorney may help establish, contest, modify, or understand a guardianship or conservatorship when an adult can no longer independently manage certain personal or financial decisions.
Can an elder law attorney help with financial exploitation?
Yes. Depending on the circumstances, an attorney may help investigate questionable transactions, protect assets, challenge improper transfers, address misuse of legal authority, or explain other legal remedies.
How much does an elder law attorney cost?
Fees vary based on the lawyer, location, and complexity of the matter. Some planning services may be offered for a flat fee, while contested or ongoing matters may be billed hourly.