Elder Law Attorney

 An elder law attorney can help you and your family if you are facing issues involving an elderly parent or loved one. Elder law is segment of estate planning that involves planning for people as they reach their golden years.   Just like in estate planning, Elder law involves the use of various documents including wills, powers of attorney and advanced directives for healthcare as well as trusts.

However, as a person gets older the strategies involved in the planning change because the objectives change.  An attorney with an elder law practice is focused on making sure that older clients have proper documents in place to protect them if they get dementia or Alzheimer’s or become incapacitated.

For example, an elder law attorney will help people ensure that they have written advanced directives for healthcare or living wills so that the family members don’t have to make excruciating decisions about end of life issues.  The lawyer should discuss your options with you about these end of life decisions.

If you are terminally ill or injured, would you want to be kept alive only by a ventilator or feeding tube? What if you were permanently unconscious?  Would you want to be kept alive by artificial means? These are decisions that you should make while you can so that everyone knows your wishes if that time comes. It removes a heavy burden from your family members if you do.

 The elder law lawyer will also want to make sure that the family has a plan in place to as to what to do if the person has a sudden medical issue and is not able to handle their own financial business.  Without a durable power of attorney, there would be no one to cash checks, pay bills, access bank accounts and make other necessary decisions

 In addition to helping her clients with documents for incapacity or incompetency, an elder law attorney will help the family plan for long-term care expenses.  Long term care expenses are the main threat to most people’s life savings. 70% of all people over 65 will need some form of long term care whether it is in-home care, assisted living care, or nursing home care.  Nursing home care today can cost anywhere from $75,000 – $100,000 per year in Alabama and much more in other places. As baby boomers continue to get older, those costs are only going to increase.

An elder law attorney can talk to the client about how to pay for long term care.  There are really only 3 ways to do so: You pay out of pocket, you have long term care insurance or you qualify for Medicaid.  All elder care planning should involve a thorough discussion of these options. Sadly, most people do not have long term care insurance so they wind up paying out of pocket.  Medicaid is the other option, but is it is very difficult to qualify for Medicaid unless you do some pre planning or have no assets.

The sooner an elder law attorney gets involved, the more help he can provide the family.  Unfortunately, most people do not have powers of attorney or advanced directives for medical care in place.  They wait until it is too late. Once someone becomes incompetent, they can no longer sign legal documents.

Families will often ask the question, “How do I find an elder law attorney near me?” Or “How do I find an attorney specializing in elder law near me?”.   Finding an attorney with a focus on an elder law practice is not hard.

You could also ask your family or friend to recommend an elder law attorney near you.  You could also get a recommendation from your family lawyer for an elder law attorney. If you get a recommendation, you can then go online and check out their website.  Does that attorney focus their practice on elder law? Does he provide answers to commonly asked questions?

You should also check out the lawyer’s reviews on google and AVVO.com.  One of the ways to search is to type the search term lawyer elder law, which will give a listing of elder law attorneys near you. If not, type in How do I find an elder law attorney near me or How do I find an attorney specializing in elder law near me?

Having an attorney who specializes in elder law is a great resource for the family to have. Many times people have absolutely no plan in place, and their mother or father has a stroke, and there’s nothing that can be done. At Miller Estate and Elder Law, we are proud of our elder law practice.

We have helped many families with issues involving elder law. Many of our clients come in to do planning ahead of time, which is the best way to plan, but we also have a lot of experience working with families dealing with a crisis involving unforeseen health scare or something like that. We have offices in Anniston and Birmingham, and I’m more than happy to help you and your family.

Attorneys specializing in elder law near me

Let Us Help You. 

At Miller Estate and Elder Law, we thoughtfully evaluate our client’s needs, then craft estate plans that include the best options. Call us at 256-472-1900 or use our Contact Form  to let us know you’re ready to develop your estate plan.