Frequently Asked Questions
What is Elder Law?
What services does the law firm provide?
Who is our client?
I don't need 'social work,' so why is there a Social Worker at the law firm?
When is it necessary to consult an attorney, especially if I have already signed a Will, durable financial Power of Attorney, and Advance Directive?
How do I schedule an initial conference?
Where is the office located?
What are your business hours?
What is Elder Law?
Elder law is defined by the client to be served. An elder law attorney handles a range of legal and related issues, while serving a specific type of clients: seniors. Elder law attorneys focus on the legal needs of the elderly, and work with a variety of legal tools and techniques to meet the goals and objectives of the older client. The elder law attorney handles general estate planning issues and helps clients to plan for possible future incapacity. The attorney also helps the client in planning for possible long-term care needs, including adult day care, home health care, assisted living, and/or nursing home care. Locating the care best suited to the capacity and needs of the senior client, coordinating private and public resources to pay for care, and working to be sure the client receives quality care, are all part of the field of elder law. In the simplest terms, elder law focuses on the legal needs of senior (or future senior) citizens and residents.
What services does the law firm provide?
We provide a range of services, including:
- "traditional" estate planning, including Wills, Trusts, and beneficiary designation
- probate and estate administration, to help the surviving spouse and family of our client to conclude the financial affairs of their loved one as efficiently and economically as possible
- personal and estate tax return preparation
- advance planning, including durable financial Powers of Attorney, and Advance [Medical] Directives, to empower our client to receive only the care they desire if they lose capacity at some time in future
- Medical Assistance qualifying applications and appeals (Please note: It is highly recommended that a good elder law attorney be consulted before applying for Medical Assistance. If your Medical Assistance has been denied, though, then a good elder law attorney can help you appeal the denial to obtain Medical Assistance benefits. Hiring a good elder law attorney before applying for Medical Assistance is the best way to achieve eligibility as efficiently as the system will allow, and to avoid paying the much higher attorney fees that result when an appeal must be filed.)
- personalized case management in which the geriatric Social Worker helps clients receive the best care possible to achieve the highest possible quality of life
- guardianships and other crisis response
- review and preparation of nursing home, assisted living facility, adult day care, and respite care contracts, specifically to be sure the client is the responsible party, with no financial liability for any other family member nor Attorney-in-fact
- advance planning for long term care, including Medical Assistance (Medicaid) planning to be sure the well spouse and other appropriate family members are not impoverished by private pay nursing home bills that can be in the tens of thousands of dollars per year
Who is our client?
Often a family member or friend calls our law firm on behalf of an elderly relative or friend. We are happy to work with another person on behalf of a potential client. We can do this in one of the following situations: the potential client gives written or verbal permission to us to work with the third party on behalf of the client; OR the caller has Power of Attorney (whether financial or medical) from the potential client. The primary reason that such permission or authority is required, is because the elderly person will be our client. So our ethical obligation is to serve the goals and wishes of our client, rather than of any other person who calls on behalf of our client. Note: if the caller has already been appointed Guardian, then the Guardian will be the client, not the person who is the subject of the guardianship.
I don't need 'social work,' so why is there a Social Worker at the law firm?
Because we are a small law firm, dedicated to personal client service, coworkers "wear many different hats" and collaborate on all law firm work to accomplish the goals of our clients, as effectively and efficiently as possible. Our Social Worker often functions as a liaison between attorney and client, and becomes familiar with the many legal aspects of a case. Our Social Worker also has education and experience in other areas, including psychology, family systems, and medicine, which are not the main focus for the attorney, but can dramatically affect the legal work we do for our client. Elder Law frequently involves at least one of the following three issues: medicine, money, and family. All three are closely personal, and each is often highly charged. The Social Worker helps to navigate these issues, evaluating each client situation in depth, so that we can provide the best possible service to our elder law clients.
When is it necessary to consult an attorney, especially if I have already signed a Will, durable financial Power of Attorney, and Advance Directive?
Remember the "Five Ds." When any of the following happens, then is a good time to re-evaluate your documents:
Dawn of a new DECADE
DEATH of a family member or friend
DECLINE in health or capacity
DIAGNOSIS that is new
DIVORCE
At any of those times, it is a good idea to have your documents reviewed by a good estate planning and/or elder law attorney to learn if any laws have changed since they were prepared. Also consider those you have named as your Agent or Personal Representative. Is this person still a good choice for these responsibilities? Do the people named understand my wishes and values? Will they honor and implement my wishes and values? If you do not already have documents, it is never too early to have them drafted. Then if an emergency arises, you and your loved ones will be prepared.
How do I schedule an initial conference?
Please call the law firm to speak with the Client Liaison to provide preliminary information regarding the client, and how the law firm can help you. All information you provide will be reviewed by an attorney with the firm to be sure that we are the right law firm to serve you. If we are, then the Client Liaison will call you to coordinate a mutually available date and time for your initial conference. If we are not the right law firm for you, then we will do our best to provide referrals to other good attorneys, if you would like us to provide referrals.
Where is the office located?
The office is located in downtown Rockville on North Washington Street, between East Middle Lane and East Montgomery Avenue. It is situated in the block immediately adjacent to the District Court, roughly two blocks from the Rockville Metro station.
What are your business hours?
The office is open Monday through Friday between 9am and 5pm.