ELDER LAW ATTORNEYS
Arlene Lakin, Esq.
Margate, Florida
Elder law attorneys focus on helping “elders” with their incapacity and estate planning.
We can help you avoid a costly guardianship by preparing advance care directives such as health care surrogates and living wills. Another important document that should be prepared for you is a durable power of attorney. Under the right financial circumstances, a revocable living trust may also be suitable to avoid guardianship of your assets, and to avoid probate of your assets.
Regarding estate planning, elder law attorneys can prepare your Last Will and Testament and, perhaps, a Trust Agreement. A Last Will and Testament provides information for the Court for probate proceedings. A probate proceeding is only necessary if someone dies and has asset(s) in their name alone. A Trust Agreement is intended to avoid probate, but only if the individual puts all of their assets into the name of the Trust. Some assets, e.g., annuity, I.R.A., etc., cannot be put into the name of the Trust, but the Trust could be listed as a death beneficiary.
Most of the public believe that an elder law attorney is used strictly for public benefits planning – Medicaid, Veterans benefits, etc. That is true, but as you can see,
elder law attorneys do a lot more than just public benefits and asset protection planning.
Be sure you work with an “elder law” attorney because this is an specialized area of law.