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Dsturgeon Asked August 2022

Can an elder law attorney handle one’s financial and medical needs if all relatives are deceased?

Midkid58 Aug 2022
If there is no one who is willing or capable of being named executor, then yes, an attorney can do this. There won't be a dime left when they are done, but when people die with no one to inherit--well, that's when the State takes over.

The only way we could get my MIL to write an actual will was to tell her that she would have STRANGERS going through her stuff if she didn't appoint an executor. She was appalled--she thought it would just get split up 3 ways and and all would be easy peasy. The mere thought of strangers in her house going through her stuff (Ok, we made is sound a lot worse than it is) made her hasten to an attorney to make a will.

MJ1929 Aug 2022
You want a fiduciary to handle the money side of things. An attorney will bleed you dry. (Not that a fiduciary is inexpensive either, but they seem to charge less than an attorney.)

As for medical decisions, I'd ask your doctor what is done in those situations. Obviously, you need to have very detailed descriptions of your wishes for medical care regardless of who you assign.

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GardenArtist Aug 2022
An elder law attorney could handle the medical needs by hiring someone in the medical field to do this. I doubt that any attorney would take the risk of making medical decisions on behalf of a client.- - it's just too much uncontrollable liability.

An attorney can easily handle the financial aspects, perhaps with the assistance of lower charge paralegals trained by the firm for this task.

If you go this route, be sure to source several attorneys, with a check list of tasks and hourly rates, so that you can assess the options and make informed decisions. You might even try to negotiate a special hourly rate.

And do background research on the attorneys, including checking the state bar association's list of attorneys who have been censured for inappropriate or fraudulent behavior.

It's also advisable to have a contract with the attorney, with an exhibit attached listing the range of duties and corresponding charges.

JoAnn29 Aug 2022
An Elder lawyer should be versed in Medicaid. Not that u will ever need it but those setting up retirement should be made aware how it basically works. Too many people have the wrong info concerning Medicaid. An Elder lawyer should be able to set you up with whatever you need.

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