I often have people ask me, "how old do you have to be to need an elder law attorney?" I usually say that there is no age limit, and if you think you might get old some day, you need an elder law attorney. I have some clients who are in their 40’s, but want to do some long term planning to make sure they will have enough to live on when they retire, and they have questions about long term care insurance and what that pays for. I have clients in their 50’s who are very sick, and at the end of their lives. I have clients in their 60’s who are planning for retirement. And I have clients in their 80’s and 90’s – some of whom are living in a nursing home or assisted living, and others who live at home and are still driving.
I also have clients who are in their 30’s, with young children who have disabilities. You see, part of elder law is also disability law – helping parents plan for their children’s future, and making sure that the resources needed to care for their children, who may never live independently, will be there even after the parents pass away. Through the drafting of special needs trusts and other instruments, inheritances can provide for the supplemental needs while the medical coverage and payments from government programs are not jeopardized.
So, whether or not you need an elder law attorney is not based on your age, but rather on your circumstances, your children’s circumstances and if you plan on getting old some day.
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