INDUSTRY INSIGHT
I
ELDER LAW
SPONSORED CONTENT
What an Elder Law
Attorney Can Do
For You
’m sure you’ve heard the phrase “elder law” before and may even
have met an elder law attorney but do you know what it actually
means to be an elder law attorney?
I’m often asked if, as an elder law attorney, I only work with old
people. The truth of the matter is that I assist not only those in their
days of winter but their families as well in their comprehensive plan
to do many things, including, qualify for governmental benefits like
Medicaid or Veterans benefits, avoid probate, shelter assets from taxes
or long term care costs, guarantee that if one spouse needs care that
the at-home spouse will be able to afford to live.
However, not every “elder law attorney” is created equal. If an
attorney holds themselves out to be a master of all - ru n! You do
not want to hire a jack of all trades when dealing with something
as important to your legal long term status and well-being. As most
doctors have specialties, the same is true for attorneys. If I need brain
surgery, I’m not going to hire a podiatrist. The same holds true for
those who specialize in elder law.
A woman contacted me after hiring an attorney who guaranteed
that he could restructure she and her husband’s estate so that her
husband could immediately qualify for governmental benefits.
Unfortunately, this attorney didn’t have much experience with the
devastating consequences of gifting and tax implications as well as
the state rules surrounding such programs and therefore, not only did
the couple violate their local rules but the husband was ultimately
disqualified and denied nursing coverage.
Rather than try to fix another’s mistakes, I hope to educate the baby
boomer population that pre-planning is key. My job is to counsel
clients and their families around the legal aspects of health and long-
term care planning, Medicaid, estate planning, nursing home issues
and patients’ rights, public benefits, Veterans benefits, Medicare and
Social Security claims and appeals, disability planning, including
use of durable powers of attorneys and livings wills, legal capacity,
probate and the conservation of estates as well as the potential tax
consequences of their actions. What are your goals? Unless you are
proactive and put a strategy in place, you may end up spending the
legacy you intend to transfer to your next generation.
How do you discern a good elder law attorney from a not-so-good
one? Simple: Meet them. Ask how much experience they have in
this area. Evaluate their bed-side manner. If their customer service is
lacking, do you really want to be married to them during this process?
Understand that most elder law issues take time so make sure that
you grasp their fee structure and all that it includes. And check their
credentials – the Pennsylvania Bar Association website has all actively
practicing attorneys’ information for your review.
More importantly, a proper elder law attorney should be aware of
the ever changing rules surrounding governmental benefits, social
security and the tax code. They are not a financial planner. But what
makes an elder law attorney stand out is recognizing that their clients’
needs go beyond the conventional tools of the legal system. The
clients’ real need is for an all-encompassing, comprehensive plan that
will provide for, not only their physical requirements, but their financial
ones as well.
For more information on how Conti Law can assist you with your
comprehensive plan, call us today for your consultation.
CONTI LAW, LLC. www.contilawllc.com
This Industry Insight was written by Attorney Michele P.
Conti, an estate planning and elder law attorney, with a focus
on tax preservation. Michele attended Allegheny College in
Meadville, Oxford University, Duquesne University School of
Law and received her LL.M. in Taxation from Villanova Univer-
sity. Michele has worked in the estate planning and elder law
arena throughout her entire career, founding Conti Law last
year. Michele’s primary goal is to educate everyone, no matter
their age, regarding the proper way to plan and be successful
in your planning strategies.
Moon Township | Fall 2017 | icmags.com 15