The problems elder law actually solves
Elder law is not a single service. Families come to us at four distinct moments, and what we can do depends heavily on which one you are in.
1. Planning ahead, while there is still time
This is the moment with the most options and the lowest cost. Durable powers of attorney for finances and healthcare, an advance directive, and a clear-eyed conversation about how care would be paid for. A properly drafted financial power of attorney signed today can prevent a guardianship proceeding costing many thousands of dollars later.
2. Care is needed and nobody knows how to pay for it
Skilled nursing care in the states we serve commonly runs several thousand dollars a month, and Medicare does not pay for long-term custodial care, a misunderstanding we correct in almost every first conversation. Medicare covers limited short-term skilled care after a qualifying hospital stay. Ongoing nursing home care is paid privately, by long-term care insurance, through certain VA benefits, or by Medicaid. Sorting out which applies is the work. See Medicaid crisis planning.
3. Capacity is already gone and no documents exist
Now the route is a court petition for guardianship of the person, conservatorship of the property, or both, the terminology varies across our six states. It requires medical evidence, a hearing, and usually ongoing reporting to the court for as long as the appointment lasts. We handle these petitions, and we also defend adults against unnecessary or overreaching ones, because a guardianship removes fundamental rights and should be a last resort rather than a convenience.
4. Someone is being financially exploited
Elder financial abuse is most often committed by a person the older adult trusts. The warning signs are recognisable: sudden changes to a will or deed, a new “friend” or caregiver controlling access to the person, unexplained withdrawals, and isolation from family. Every state we practise in has both criminal statutes and civil remedies, including the ability to void transfers procured by undue influence. Acting quickly matters because assets move fast.
What we do not do
We do not sell insurance or annuities, and we do not receive commissions from anyone. That matters in this field, because a substantial amount of “free estate planning” marketing aimed at older adults exists to sell a financial product. Our fee is our only compensation, so our advice can be that a product you have been pitched is wrong for you.
Related services
See also Medicaid crisis planning when care is imminent, and estate planning to get the underlying documents in place.