When Do I Need an Elder Law Attorney?

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POSTED ON: November 21, 2023

WHEN DO I NEED AN ELDER LAW ATTORNEY? The best time to engage an elder law attorney is before the need arises so they can help you plan for upcoming events, like moving into assisted living or losing the ability to make financial decisions.

Seasons’ recent article, “Finding an elder care lawyer,” explains that abuse is a serious and prevalent issue at nursing homes and long-term care facilities. There are many types of abuse, including physical abuse, psychological abuse, sexual abuse, financial abuse, neglect, self-neglect, and abandonment.

Getting assistance from an attorney is a major decision. You should discuss it with your elder loved one and family. If you suspect your senior is being abused, the first step is to sit down with friends and family to discuss the next steps. However, it can become more complicated if one of your family members is suspected of abuse. You may decide to meet without the suspected abuser before bringing them into the discussion and allowing them to tell their side of the story.

If certain family members are worried about hiring a lawyer, tell them many attorneys operate on a contingency basis. Therefore, you won’t have to pay unless you win your lawsuit. However, in other situations, the cost of hiring an elder care lawyer can pay for itself. For example, the savings you may experience with an approved Medicare, Medicaid, or Social Security application can far outweigh any legal fees you might incur.


Proper estate planning and long-term planning can save the family thousands or even millions of dollars.

It makes sense to do the math before you dismiss the cost of hiring a lawyer.

A senior will often be incapacitated or even deceased when you consider legal advocacy and representation. If your senior is of sound body and mind, hiring a lawyer ultimately lies with them.

As a result, you may have to convince them to take legal action, fight for their rights and hold negligent parties accountable.

If you’re dealing with elder abuse, ensure your senior knows what they’ve experienced is wrong and that an elder care lawyer can advocate for their health and well-being.

If your loved one is applying for Medicaid, Medicare, or Social Security, tell them a lawyer can improve their chances of success. If you need an estate planning attorney, stress that legal representation can save the family considerable time, effort, and expense.

Schedule a phone meeting: THE AW OFFICES OF CLAUDE S. SMITH, III


Reference: Seasons (Aug. 30, 2022) “Finding an elder care lawyer”

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