What Do Elder Law Attorneys Do?
In an age of specialization it is not uncommon to wonder specifically where one professional category begins and another ends. This can especially be true in the matter of defining “elder law” and understanding what an elder law attorney can or cannot accomplish. An easy answer sometimes used to differentiate elder law from estate planning attorneys has been that elder law planning seeks to preserve your income and assets for use while you are alive while estate planning is primarily concerned with implementing your wishes and distributing your assets after you die. This is, of course, a simplification and elder law also focuses heavily on health care and access to the health care system. Different attorneys like the Orlando estate planning attorneys focus their practices in different areas so it is important to determine the background and experience of an attorney before signing on. A lawyer, for instance, who handles elder abuse might not work in asset protection planning and vice versa and both might refer to themselves as elder law attorneys.
One question to ask might be “Are you a Certified Elder Law Attorney (CELA)”. CELA like the ones from estate planning service in Knoxville is one of very few specializations recognized and approved both by the Pennsylvania Supreme Court and by the American Bar Association and requires years of experience and completion of demanding testing. Here are some areas where our elder law practice works.
- Real Estate. When a staff member was asked recently to recommend a real estate attorney I almost laughed since I had spent several years as an attorney directing much of my practice to real estate before becoming an elder law attorney. Elder law can relate to real estate. We just do not usually handle a one-time transaction for a 20 year old, although we can. How so? Well, first many seniors consider moving to senior communities or downsizing after selling their homes. We can work with the senior community regarding the contract, with the senior in the financial planning involved in making the move, and the senior and the Realtor in completing the transition. Estate administrations also require proof from the attorney that tax, including inheritance taxes, have been paid and probate handled. If an estate contains real estate we partner with the Realtor to complete the transaction.
- Litigation. When thinking of elder law most people would not be thinking of litigators but when documents, including trusts and wills need to be interpreted or challenged or a family dispute regarding need for guardianship arises an elder law attorney is often involved. The most common litigation our office has handled has been in modifying or dissolving outdated or poorly drafted trusts. We also handle a fair number of guardianships.
- Do you have to be old? I am sometimes asked by a potential client if he or she is too young to be considered? Actually, no. We do draft Wills for younger individuals. Also we work with the disabled of all ages.
- Disability – Special Needs Trusts. We draft Special Needs Trusts to preserve assets while allowing the disabled person of whatever age to continue to receive assistance and care.
- Nursing Home and Personal Care Home Placement. A fair amount of time in our office is spent working with families who need to have their parent or spouse or other relative placed in an environment that is caring and supportive and appropriate to their needs. Before placement we review what they have and what they need. Afterwards, we file Medicaid applications and review assets and income during the spenddown to assure they obtain Medicaid as soon as reasonably available.
- Tax and Financial Planning. Both informed estate planning and Medicaid planning involve understanding of tax and finances. As one example, personal care in a community can be a 100% deduction if over 7 1/2 % of adjusted gross income and not a smaller deduction often suggested. Also, when liquidating tax qualified (IRA, 401(k), etc) funds to pay for care, the tax effect has to be taken into account.
- Asset Protection and Medicaid Planning. Finally, of course, Medicaid planning is a given in dealing with elder law. Not all attorneys referred to as elder law attorneys are involved in Medicaid planning and among those who are not all know how to handle it properly in the individual case.
About the Author Janet Colliton
Esquire, Colliton Law Associates, P.C. Janet Colliton has practiced law for over 38 years, 37 of them in Chester County, Pennsylvania, a suburb of Philadelphia. Her practice, Colliton Law Associates, PC, is limited to elder law, Medicaid, including advice, applications and appeals, and other benefits planning including Veterans benefits, life care and special needs planning, guardianships, retirement, and estate planning and administration.