5 Smart Tips for Hiring an Elder Law Attorney & Documents Needed

The following is important information for both the chosen caregiver and the older adult. If you are the caregiver and your older adult is able to make decisions but isn’t in the right frame of mind to move forward, please consider their feelings. Help them get started with this difficult process and work with them so that their wishes for their finances, healthcare, and end of life needs are met legally.  If you are the older adult reading this, don’t be too proud to ask your chosen caregiver to help you with this task.

Having the essential legal documents in place gives your caregiver the necessary legal rights to provide the best care for you, now and at the end of life.

That’s why it’s so important to find an expert lawyer that you trust to draw up the right documents.

One day, you won’t be able to manage your own legal matters and you will rely on your caregiver to act in your best interests.

Planning ahead and getting the legal stuff squared away before a crisis allows you and your family to stay in control of critical decisions. 

There’s a lot for your caregiver to manage, so we’ve narrowed the list to the 5 most important legal documents. This list doesn’t cover every situation and shouldn’t be considered legal advice, but it will help you cover the basics.

1. Power of attorney (POA)

• This allows you to authorize someone to make legal decisions if you are no longer competent.
• POA also covers authority to make financial decisions

2. Durable power of attorney (Durable POA) for health care (also known as a health care proxy)

• This allows you to authorize someone to make all decisions regarding health care, including choosing health care providers, medical treatment, and end-of-life decisions.
• A durable POA is one that stays in effect if you become unable to handle matters or make decisions on your own. As your chosen representative, your caregiver could pay your bills, manage your investments, or direct your medical care.
• Important: Do not use an ordinary or non-durable POA because that would automatically end if you become incapacitated. That’s the opposite of what you’d need.

3. Living will or advance directive

• This allows you to state, in advance, what kind of medical care you do and do not want to receive.
• This also covers what life-support procedures you would not like to have.
• This is used when you are not able to make your wishes known on your own.

4. Living trust

• This allows you (the grantor) to create a trust and appoint someone (a trustee) to manage the trust assets when you aren’t able to manage your finances.
• A person or a financial institution can be the trustee.

5. Will

• Your will names an executor and beneficiaries.
• The executor is the person who will manage your estate at the time of death.
• Beneficiaries will receive the estate at the time of death.

If no planning is done before you become incapacitated, family members must ask a court to appoint a conservator or guardian.

A conservatorship can be difficult for families because almost every action or decision on behalf of you must be court supervised and approved.

For legal matters, hiring an elder law attorney is always recommended. It’s also smart to do your own research so you understand what’s happening.

In addition, you can usually seek advice on legal issues from social workers or clergy, free of charges.

Elder law is a specialized legal area focused on older adults and their adult children. 

This legal specialty focuses on specific needs, including:

• Power of attorney and other important legal documents
• Long term care planning and paying for care
• Medicare and Medicaid planning
• Veterans benefits
• Estate planning
• Disability planning
• Elder abuse

1. Plan for the future and protect assets
An elder law attorney has the expertise to make recommendations on how to plan for future care needs.

They often answer questions like:

• How can I qualify for Medicaid so it will pay for nursing home care?
• How do I protect mom’s house and assets, but still afford the care she needs?
• How do I make sure my wife will have money left after all my care expenses are paid?
• What to do if I need to become dad’s guardian or conservator?
• After I pass away, will Medicaid try to get money from my estate for the medical bills they paid and cause problems for my spouse or kids?

These are complicated questions and the answers will be different for each person. 

A reputable elder law attorney helps protect your senior’s legal and financial situation and helps you figure out how to pay for the care they’ll need.

The fees are well worth it if they can save your family thousands of dollars and avoid future legal headaches.

2. Ensure all the legal documents are correct for your state
Laws are different (and very specific) for each state, so it’s important that the documents are prepared correctly.

This is especially true for documents like a Power of Attorney, living will (aka advance directive), and will.

A local elder law attorney can make sure that your older adult has completed all the important legal documents and that they’re compliant with state and local laws.