Co-authored by Joanna C. Feldman

The truth is that very often, “elder law” attorney is a misnomer as it pertains to many of our clients.  For example, nearly everyone should have a comprehensive Power of Attorney. Some of our youngest clients have just become adults who come to us for a Power of Attorney before heading off to college.  Other clients are parents of young children who ask us to draft their Wills to ensure that they express their wishes concerning guardians and that underage beneficiary trusts will be set up in case their children are still minors at the time they’re to inherit property.  A large number of our clients are those in their late 50s or 60s who engage proactively in protecting their assets in case they need long-term care in the future. Then there are families with special needs that cross every generation.

Why is it a good idea to see an elder law attorney for documents like this?  Elder law attorneys are well-versed in the pitfalls of one-size-fits-all documents.  Too often, we see Powers of Attorney that only stick to the statutory form and do not convey enough powers – like, for example, the power to gift property, which can be critical for asset-protection purposes.  Without the necessary powers, a time-consuming and expensive guardianship proceeding may be required. Similarly, a Will that leaves assets outright to one’s descendants without any contingencies may create unforeseen and costly complication.

Often when I lecture, I tell the audience that everyone sitting in the room needs the services of an elder law attorney.  By the end of the lecture most of the audience, if not all, is in agreement.

Managing the financial and healthcare needs of your loved ones is difficult but speaking with an elder law attorney can ease at least some of the burden.  Please contact us to discuss your options. We can be reached at 914-925-1010 or by e-mail at smd@mfd-law.com.  You are also encouraged to visit our website at www.plantodayfortomorrow.com.  Questions may be submitted to smd@mfd-law.com for a response.

 

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