Welcome to Estates and Elders Law PLLC and welcome to the blog I hope to use to address your questions from experience in my daily practice and sharpen my skills as a result.
Life blessed me with the ability and desire to look for the learning in every situation. Sometimes, as Oscar Wilde said, “Experience is the name everyone gives to his mistakes.”
As an Elder Law Attorney, I have the chance to educate my clients and the elder care community based on my own experience, but also to learn from my clients and their legal and social challenges that come with aging. A good attorney will do all she can to ensure clients make educated decisions and will be thoughtful about helping them prevent or minimize mistakes.
Any attorney can draft a Will or other estate planning documents. An Elder Law Attorney will stop to ask questions like these:
- Do the documents provide for multiple decision makers during lifetime to handle finances and medical decisions if the client cannot make them due to incapacity, thus avoiding guardianship?
- Are the decision-making powers included robust enough to address the need for actions such as revoking a Community Property Agreement or gifting if that is desired or necessary?
- Have we provided for the client’s end-of-life care wishes?
- Have we protected the client’s estate from creditors and possible predators?
- Do the documents consider distribution of the estate for the client’s current situation, but also possible future changes in family dynamics?
- Is there a plan for both probate and non-probate assets?
- What will happen if the client’s spouse or disabled child needs long-term care? Will paying for care from private funds or long-term care insurance be an issue?
- Do the documents preserve a beneficiary’s eligibility for government needs-based benefits if they are required to pay for long-term care?
- Does the plan make settling the estate of the first of a couple to pass as easy as possible?
These are just some of the things you might want to discuss with your Elder Law Attorney. She should be someone you can easily talk with about the important stuff like your estate and how and when you or a loved one will get the care needed. If you have questions like these or want to know why these are important subjects for you and your family to discuss, please contact me to begin the conversation.