Ohio Department of Aging
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February 2008
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As we age, issues such as estate planning and health planning become even more critical to protect our independence in unpredictable situations. In many of these cases, legal counsel can provide advice and help to create documents that will ensure our wishes are known and followed.
Elder law is a relatively new, specialized field of law that deals with issues faced by the fastest growing segment of the US population. It combines elements of estate planning, wills and trusts, conservatorship, health care planning and Medicare/Medicaid planning.
Any lawyer will offer legal advice to the best of his or her ability. However, just as a medical specialist offers expertise for certain health conditions, a specialist in elder law may be able to offer more specific knowledge about certain issues than a general law attorney.
For example, an attorney who is experienced in elder law would be able to help you plan how you want to deal with your estate. Estate planning includes more than just a simple will. It also typically minimizes potential taxes and fees, and sets up a plan to make sure your wishes regarding health care treatment are followed. Financially, a good estate plan coordinates what would happen with your home and all your assets, ensuring you save as much as possible on estate taxes and court costs, while relieving your heirs of any unnecessary red tape and financial confusion.
In some cases, such as a will, living will or health care power of attorney, the necessary forms are available on the Internet and a lawyer is not strictly required. However, for these and all other important legal documents, you may wish to consult legal counsel for advice or to review your work.
To determine if an attorney has the specific expertise to help you, ask:
For limited legal advice or referral to an elder law attorney, contact PRO Seniors, Inc., at 1-800-488-6070. Pro Seniors is a non-profit organization that provides free legal and long-term care help Ohio residents age 60 and older.
The Office of the State Long-term Care Ombudsman (1-800-282-1206) also may be able to answer fundamental questions about legal rights and services. Your area agency on aging (1-866-243-5678) is a good resource for information and can also refer you to an experienced elder law attorney.
Ohio Department of Aging