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What is Elder Law

Posted on May 21st, 2018

The term Elder Law is pretty self-explanatory as it caters to the needs of elder individuals. However, it carries a whole wide spectrum of different options that you can avail for your elders or should at least you know about them.
Not so long ago, people were unaware of the fact that elderly law can be practiced and on the other hand elder people thought that they needed to consult attorneys for every problem. The confusion was rightly so, because elder law holds such a wide spectrum starting from probate, guardianship, home neglect, nursing needs and many other domains. No single attorney can cover the whole elderly law portal, therefore it usually carries specialization of individual categories and every attorney has their own specialty.

What you should know about Elder law?

One thing you should know is that you don’t need an elder law attorney for every issue. Go for an elder law attorney only in cases in which the attorney specializes in your matter. For example, just because of the fact that you’re an elderly person doesn’t mean you should consult an attorney for simple real estate closings, as in this case, a real estate attorney is a better choice. Below we’ve compiled a list of different situations that an Elder law attorney commonly handles. The list is arranged in a prioritized matter meaning common problems are listed first and so on.

  • Probate
  • Medicaid Planning
  • Estate planning
  • Guardianship
  • Advance directives

When do you need an Elder law attorney?

  • To discuss procedure and planning of a will, estate, probate or other related matters.
  • Help establish a reliable power of attorney.
  • Provide assistance with health care planning, patient rights, care options, and Medicare.
  • Financial planning (reliable financial power of attorney).
  • Help in selection of legal guardian.
  • Help in selection of nursing homes and help finding them.

How do Elder law attorneys bill their services?

Most elder law attorneys charge an hourly rate, but sometimes there is a fixed fee for standard tasks. That mostly includes: reviews, will drafts, working on tax returns, and documentation signature.

How to find the right Elder law attorney?

As we said in the beginning, Elder law is a wide area to cover and nobody covers the whole domain. So, it is important that you hire an attorney who specializes in your area of concern. It is highly recommend that you should feel comfortable with your attorney because you want him/her to treat your elders respectfully. Here are few sample questions that you might find helpful in selection of your attorney:

  • Amount of time they’ve spent on elderly law
  • In which area they’ve specialized. Remember, a jack of all trades is a master of none.
  • Read testimonies of previous clients.

If you have further questions about elder law contact Silverman Law Office, PLLC at our two Montana locations in Helena 406-449-4829 and Bozeman 406-582-8822.


Fill out the form below to get in touch with our legal team or call Bozeman office at (406) 582-8822 or our Helena office at (406) 449-4829 to talk to someone right away.

Silverman Law Office - Bozeman

504 W. Main St.

Bozeman, MT 59715

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Silverman Law Office - Helena

2620 Colonial Drive

Helena, MT 59601

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