Florida home care runs about $30 an hour, which is over $5,000 a month for full-time help. Wait until crisis mode, and a family can burn a lifetime of savings in under a year. That is the gap an elder law attorney exists to close, with a plan built before the bills arrive.
The families who protect the most are the ones who call before the crisis, not after.
Marie called me on a Tuesday afternoon, and I could hear the fear in her voice before she said a word.
Her father, George, had built a contracting business with his own two hands, and at 84 he was still the strongest man she knew. Then came the Alzheimer’s diagnosis just before Christmas. Home care at roughly $30 an hour was eating north of $5,000 a month. Marie and her brother quietly paid it out of their own pockets, terrified of touching their father’s life savings. Six months later, the savings were gone, the house was listed, and the family was out of options.
I hear versions of that story every single week. And almost always, the family had done the one thing that made it brutally harder: they waited. They waited to talk about the hard stuff, waited to build a plan, and by the time they called for help, they were in crisis mode instead of planning mode. That is where elder law attorneys come in.
01 · The Specialist
What Does an Elder Law Attorney Do?
An elder law attorney is a specialist who helps families preserve their assets while paying for long-term care.
These specialized attorneys don’t just know the law; they understand the real-life issues of the aging process, and they’re tied into a large network of other elder care professionals, from geriatric care managers to Medicaid planners, who can be helpful to you and your family. Along with helping your family navigate long-term care options, an elder law attorney helps your family maintain financial autonomy through proper financial and legal planning. That often means the difference between a crisis that drains a lifetime of work and a plan that protects it.
02 · The Full Legal Landscape
Which Legal Areas Does Elder Law Cover?
Elder law encompasses a wide range of legal fields, all of which specifically advocate for seniors and their families.
- Administration and management of estates and trusts
- Conservatorship and guardianship
- Elder abuse and fraud
- Estate planning, including wills and trusts, and durable powers of attorney
- Long-term care placement in assisted living communities
- Medicaid benefits
- Medicare appeals and claims
- Probate
- Supplemental and long-term care insurance issues
- Veterans benefits
Keep in Mind
Most elder law attorneys will not specialize in every one of these areas, so it’s important to retain an attorney who has experience with addressing your family’s specific needs. Ask directly: “How many cases like ours have you handled?”
Quick Answers
Questions Families Ask About Elder Law Attorneys
When should we hire an elder law attorney?
The moment the question crosses your mind, before the crisis arrives. The best time is before care is needed; the second-best time is today.
What does an elder law attorney actually do?
Preserves assets while long-term care is paid for, plans for Medicaid and Medicare issues, handles guardianship, probate and estate matters, and connects your family to a network of elder care professionals.
How is elder law different from standard estate planning?
Estate planning focuses on what happens to your assets after death. Elder law focuses on protecting those assets while you are alive and receiving care, including Medicaid planning, care placement, guardianship, and powers of attorney.
Our family already has a will. Do we still need an elder law attorney?
Yes. A will is only one piece of the puzzle. Elder law covers the full set of protections, including durable powers of attorney, health care surrogates, guardianship, and Medicaid planning.
Calling an elder law attorney isn’t giving up control, it’s taking it back. The families who do best are the ones who walk in during planning mode, not crisis mode. Read Chapter 4 in full on the book hub, or start with Chapter 1: The Facts if you are just beginning.
About the Author
Michael "Wiz" Wisniewski
Michael "Wiz" Wisniewski is The Life Transition Specialist with The Complete Real Estate Team, powered by Dalton Wade Real Estate, serving clients from the Treasure Coast to South Florida. A Certified Real Estate Planning Advisor, Certified Life Transition Specialist, and Certified A.I. Real Estate Advisor, he has worked nearly every side of real estate: fix-and-flip investing, land development, home building, and property management, and guides families through life's transitions with care, honesty, and the Golden Rule.
Certified Real Estate Planning Advisor | Certified Life Transition Specialist | Certified A.I. Real Estate Advisor
If you or someone you love is starting to think about long-term care, you do not have to figure it out alone.
Planning Mode Beats Crisis Mode
Build your plan before the bills arrive
Michael Wisniewski, The Wizard of Real Estate and Life Transition Specialist with The Complete Real Estate Team powered by Dalton Wade Real Estate, helps Florida families find the right elder law professionals and put a plan on paper. Book your free 15-minute strategy call, or call him directly at (561) 441-8420 .
Prefer to read first? How to Pay for Long-Term Care is free on our website, and Chapter 4 on elder law attorneys lays out the full plan.
The families who do best walk in during planning mode, not crisis mode.
Written by
Michael Wisniewski, The Wizard of Real Estate
Certified Real Estate Planning Advisor | Certified Life Transition Specialist | Certified A.I. Real Estate Advisor
Helping Florida families protect what matters most.
Talk Soon