We've noticed that it's becoming increasingly popular to advise everyone older than 65 to consult with an elder law attorney whenever a legal question crops up. This, like all cookie cutter recipes, is sometimes right, and sometimes not. When should you make it a point to look for an elder law attorney, and when would another legal specialty be just as good, or better, for someone over the age of 65?

It depends on the kind of legal advice needed. Just as in any specialty, the choice of advisor depends on the situation. We may call the Rooter man for tree roots in the drain lines, and a plumber to change out our faucets. They are both plumbers, each with a different specialty focus.

If a person is financially secure and wants advice about how to structure things best for their heirs, they do not necessarily need a Medicaid lawyer (elder law attorney).  Many individuals in this position already have a long-standing relationship with an estate planning attorney. This attorney has or will advise them about structuring such things as a Last Will or a Trust, business continuity planning, other estate planning issues, and will also routinely assist with the appropriate planning documents including powers of attorney, advanced designation of guardian, and an advanced directive. These seniors do not need to abandon their long time legal advisors in favor of a new Medicaid lawyer (elder law attorney).

Many people over the age of 65 have accumulated real estate and need advice from attorneys knowledgeable in property and real estate law. An attorney who is trained in real estate law, often working together with an estate planning attorney, will be the best choice for this kind of specialized legal advice.

An elder law attorney will almost always discuss positioning resources and assets so as to qualify for Medicaid. Many people have no need, nor do they want, to utilize Medicaid. However, if someone is anticipating or in the middle of long-term health care issues and needs advice about Medicaid and protection of property and assets, an elder law attorney would be the preferred choice for legal advice. Individual state Medicaid laws are complex enough that we always advise consulting with a specialist.

If someone is in need of legal help with obtaining a guardianship or conservatorship, even many elder law attorneys will refer them to an attorney specializing in this particular area of law. Many elder law attorneys do not handle guardianship law.

So, all in all, everyone should certainly get legal advice about how to manage their estate, and do the proper paperwork. It isn't necessary to use an elder law attorney to get these things done unless the prospect of Medicaid may loom in the future. Apart from Medicaid planning, a good estate planning/probate attorney can also usually provide top notch advice and guidance.

If you do find yourself consulting with more than one attorney, be sure to inform each one about all the other legal advice you have received and encourage them to consult with each other whenever necessary. Always have with you copies of all the relevant legal documents prepared by any other lawyers. This way, just as when you are consulting with several medical specialists, everyone will be on the same page and no advisor will unintentionally undermine something done by another attorney.