Older lawyers assist older or disabled clients with legal issues specific to their stage of life. They help navigate complex health care issues, long-term care options, retirement, estate planning, and more. While a general practice attorney may be knowledgeable about the needs of seniors, an experienced and compassionate senior attorney is the most reliable choice.
Here are some examples of services provided by senior legal attorneys:
Financial Planning and Asset Preservation
No matter the value of your cash or assets, you don’t want to see a penny go to creditors, the government, or forged nursing home bills. Many prefer to have the choice of how assets are distributed after death. A quality law firm can help you decide on the best asset preservation strategy for your economic situation and long-term goals. Some of the things you will discuss include:
– Avoid probate fees
– Minimize income, property and gift taxes
– Protection from judgment
– Planning long-term maintenance costs
Will and Trust
Wills and trusts serve different purposes when it comes to planning your inheritance. Both may be useful, but you need to understand the advantages and disadvantages of each. Key points include:
– A will is valid after your death, whereas a trust is valid after creation.
– The will goes through probate, meaning the court will oversee the process. A trust does not pass probate. Not involving the courts allows the guardianship requirement to remain private whereas a will is a public document.
– Trusts allow you to assign assets and property to other people before your death, which may be useful in planning for illness or saving taxes.
– A will can name a guardian for minors and also includes provisions for funeral arrangements.
Your attorney can help you determine whether one or both of these documents are appropriate for your situation.
Health Care and Long-Term Care
No one wants to think about the possibility of becoming sick or disabled as they age, but it is wise to plan ahead. If you are unable to make your own medical decisions, you will want to have a plan detailing your wishes for medical care. Laws may vary by state, but some basic health-related instruments you may want to discuss with an older attorney include:
– Health Care Proxy / Power of Attorney: This document designates a person with legal authority to deliver the person’s medical care instructions. This is especially important if there is a possibility that family members may disagree about treatment options in a dire situation.
– Advanced Instructions: These may be included with the health care proxy or be a completely separate document. It details the specific type of treatment the client wants. Examples are the person’s wishes regarding life support if in a coma or vegetative state and the instructions in the Do Not Resuscitate (DNO) document.
– Living Will: This document includes instructions if a person falls seriously ill or enters a permanent vegetative state and indicates when life support treatment should be discontinued. This is in contrast to health care proxies, where the live well only applies when the person is completely paralyzed.
These are just a few of the many emotional and challenging areas that a senior attorney can guide. Having plans for your senior years means you can have peace of mind that your wishes will be respected.
