Elder Law differs from many other legal practices because it is often not defined by what attorneys do, but rather who they serve. Elder Law encompasses the counseling and representation of senior adults and the family members and caretakers navigating life alongside of them.
The right legal partner should be passionate about helping their senior clients maintain independence and financial freedom as long as it is safe for them to do so. Discussions should cover all aspects of end of life directives ranging from long-term care planning to understanding tools such as Medicaid annuities and trusts.
For some families there has been a clearly articulated expectation of the parents’ desires for where and how they will age and the roles that other family members will assume. But for many families, there is an understandable amount of uncertainty and discomfort in facing the aforementioned conversations.
Having a trusted Elder Law attorney during these pivotal family discussions and decisions provides the following:
Education about options
Unless a family has already walked through the process of collectively making decisions for a loved one entering their final chapters of life, the first step of the process is taking the time to educate everyone involved about the many options and tools available to them.
Elder Law attorney and junior partner, Nick Montagnese, says that, “Surprisingly, one of the things I enjoy most about estate planning and working within the practice of Elder Law is how much creativity I can exercise for my clients to problem solve their unique situations.”
Two of the tools available to people currently are Medicaid trusts and Medicaid annuities. Both of these options are shrouded in misconceptions and complex qualifying factors and uses that can be frustrating for families to try to understand and implement without professional aid. An Elder Law attorney will lay out the options that are best for your unique situation and loved one, taking the burden of research off the shoulders of adult children and advocates.
Guidance through the process
Once a family comes to an understanding of which tools to utilize and documents that will need to be completed, the attorney’s role is to guide the family through the process of filling out forms, submitting documentation, and ensuring the t’s are crossed and i’s are dotted. This may include tasks like a living will or reviewing long-term care insurance coverage.
Nick says, “It’s my job to be on the lookout for issues that may arise in the future that my clients don’t see for themselves. My goal is always for the families I work with to walk away from the process feeling relieved.”
While most families experience a sense of relief when things are in place, it is reasonable to expect other emotions to rise to the surface as well. Siblings may not agree on which care option is the right fit. Spouses may feel vulnerable or uncertain how their financial security will be impacted by their partner entering a long-term care facility. Or perhaps there is a sense of unbalance between what different family members are able to contribute of their time and resources. These feelings are valid and one of the primary reasons to work with an Elder Law attorney is that they are employed to bring focus to the group and continually steer actions towards what is in everyone’s best interest.
Ongoing support as life happens
Estate Planning and legal counsel for senior clients is not a “set it and forget it” type of practice. It centers around the people being served and that means change is inevitable. Change may look like adult children going through their own milestones such as marriage and divorce. It could be the financial status of someone in the family changing drastically. Sometimes it’s an emerging estate planning tool or modification in policy that needs to be taken into consideration so that documents are updated accurately and reflect current legislation.
According to Nick, “Most of the time families come to us when they’re in the midst of crisis, or they’re going through some sort of shift. Perhaps it’s time for the patriarch or matriarch of the family to move into a nursing home. It’s meaningful work to get to spend a few hours with families explaining the many tools and resources at their disposal and putting them at ease. The purpose and intention behind Elder Law legal counsel is to make our clients comfortable so that they can focus on their family and not only their finances.”
The relationship between the family and their Elder Law attorney doesn’t end after decisions are made and put in motion. Clients should feel empowered to reach out with questions and provide updated information when relevant.
