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The Caregiver's Journey

They Know What We Don’t, Elder Law Attorneys: Four Essential Tips / Alzheimer’s and Other Dementias

The Caregiver's Journey

Sue Ryan and Nancy Treaster

How To, Health & Fitness, Self-improvement, Society & Culture, Personal Journals, Mental Health, Business, Education, Non-profit

5 • 1.9K Ratings

🗓️ 25 March 2025

⏱️ 34 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

We don't know what we don't know. But elder law attorneys do, and their expertise can be transformational for families facing aging-related challenges. Whether you're dealing with a recent diagnosis, planning for potential long-term care needs, or simply trying to prepare for the future, understanding how and when to work with an elder law attorney can make all the difference in your journey.

In this episode, we'll explore four essential tips for working with elder law attorneys, based on insights from Beth Prather, a board-certified elder law attorney with 32 years of experience, and Courtney Lovejoy, an elder law attorney with a Master of Laws in elder law. Their expertise in Medicaid planning, VA benefits, estate planning, probate, trust administration, and guardianship offers valuable perspective for anyone navigating the complex legal landscape of aging and caregiving.

Connect with us and share your tips:


Full Show Notes

https://thecaregiversjourney.com/they-know-what-we-dont-elder-law-attorneys-four-essential-tips-alzheimers-and-other-dementias/

Additional Resources Mentioned


Takeaways

Tip 1: How to Find an Attorney Who Specializes in Elder Law

Finding the right elder law attorney requires more than just a quick Google search. Here's how to identify professionals with genuine expertise in this specialized field:


Look for Specialized Credentials

Professional credentials can be helpful indicators of specialized knowledge in elder law:

  • Board Certification: I
  • Master of Laws (LLM) in Elder Law:

Ask the Right Questions

  • How many Medicaid applications did they file last year?
  • What percentage of their practice focuses on elder law?
  • Do they handle guardianships, Medicaid planning, or VA benefits cases regularly?


Use Reliable Resources to Find Specialists

  • NAELA.org:
  • State-specific organizations: For example, Florida has the Academy of Florida Elder Law Attorneys (AFELA.org).
  • Personal referrals:

Tip 2: Prioritize These Legal Documents and Planning Tools

Once you've found an elder law attorney, certain planning tools should take priority:

  • Comprehensive Durable Power of Attorney
  • Consider Long-Term Care Insurance
  • Limit or Avoid Gifting
  • Avoid DIY Planning

Common DIY mistakes include:

  • Adding children to bank accounts or property titles
  • Giving away assets based on outdated or incorrect advice
  • Trying to "hide" assets from Medicaid


Tip 3: Understand Medicaid and VA Benefits Options

A significant part of elder law involves helping clients navigate government benefits for long-term care:


Tip 4: Use This Time to Address Other Important Legal Matters

  • Review Beneficiary Designations
  • Create an Asset Inventory
  • Consider Account Consolidation
  • Address Healthcare Decision Documents
  • Be Cautious About Adding Others to Accounts or Deeds
  • Discuss End-of-Life Preferences

Transcript

Click on a timestamp to play from that location

0:00.0

This is the Whole Care Network,

0:02.5

helping you tell your story one podcast at a time.

0:16.3

Content presented in the following podcast is for information purposes only.

0:22.7

Views and opinions expressed in this podcast are solely those of the host and guests

0:28.1

and may not represent the views and opinions of the Whole Care Network.

0:33.2

Always consult with your physician for any medical advice.

0:36.8

And always consult with your attorney for any legal advice. And always consult with your attorney for any legal advice.

0:40.6

And thank you for listening to the Whole Care Network.

0:52.7

We don't know what we don't know. They do. And it's really important. In this episode, we're talking with Beth Pather and Courtney Lovejoy, Elder Law Attorneys with the firm Green, Schoenfeld, and Kyle. We're talking about the importance and positive impact of working with

1:12.6

elder law attorneys. Today we're sharing four tips. Let's get started. Welcome. We're Sue Ryan and

1:22.4

Nancy Treister. This podcast brings our years of experience in a variety of family caregiving roles to prepare you to navigate your caregiving journey.

1:31.1

We're sharing our personal experiences, not medical advice, and because it's our passion to support you on your journey, we believe no topic is off limits.

1:41.2

Let's get started.

1:46.7

Whatever country you're listening from, today, we're talking with legal professionals

1:51.6

who help the elderly and their families navigate legal issues. In the United States,

1:57.8

these are called elder law attorneys. Beth and Courtney, welcome. Please introduce

2:04.9

yourself to us and share when you think it's the best time for somebody to initially reach out

2:12.2

to elder law attorneys. Courtney Lovejoy. I'm an elder law attorney at Green Schoenfeld and Kyle, as Sue mentioned.

2:20.3

Beth and I practice in Medicaid planning, VA planning, estate planning, probate and trust administration

2:27.3

and guardianship, and we're both Lee County, Florida, natives.

2:38.4

I went to University of Florida for my law degree, and I have my LLM or Masters of Law and Elder Law.

2:44.4

My name is Beth Prather.

...

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