When Should I Hire An Elder Law Attorney?

By Author: Martin Fogarty
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When Should I Hire an Elder Law Attorney?
Planning for the future isn’t always easy, especially when health, finances, and legal decisions are all tangled up. That’s where elder law attorneys come in. They help older adults and their families navigate complex decisions, protect assets, and stay in control of their future.

If you’ve ever wondered, “Should I hire an elder law attorney?” Here are the signs it might be time, and why we at ElderSmart might be able to help.

1. You’re Creating or Updating Your Estate Plan
If you don’t have a will, trust, or power of attorney — or it’s been years since you updated them — now is the time.

Elder law attorneys specialize in:

Wills and living trusts
Durable powers of attorney
Advance healthcare directives
Probate avoidance strategies
In Illinois, these tools aren’t one-size-fits-all. A lawyer can tailor your plan to state-specific laws, reduce unnecessary court involvement, and help ensure your wishes are honored.

2. You Want to Protect Your Assets from Long-Term Care Costs
Nursing home ...
... care in Illinois can exceed $100,000 per year. Without a plan, those costs can drain your savings quickly.

An elder law attorney can help with:

Long-term care planning
Setting up a Medicaid Asset Protection Trust (MAPT)
Understanding the 5-year look-back period
Exploring veterans benefits, annuities, or life estate deeds
Planning ahead allows you to protect what you’ve earned — and still get the care you need.

3. You’re Navigating Medicaid or Public Benefits
Illinois Medicaid has strict asset and income rules. Eligibility mistakes can lead to costly delays or denial of benefits.

An elder law attorney can:

Review your eligibility
Help with spend-down strategies
Structure assets legally
Handle Medicaid applications or appeals
Trying to “DIY” Medicaid planning can backfire — especially if you’re already in crisis. An attorney can help get it right the first time.

4. You or a Loved One Is Showing Signs of Cognitive Decline
Dementia, Alzheimer’s, and other conditions can impact legal decision-making.

If you wait too long, your loved one may no longer have legal capacity to:

Sign a power of attorney
Create or update a will
Avoid guardianship through proactive planning
Hiring an elder law attorney early helps ensure the right legal safeguards are in place before it’s too late.

5. You Suspect Elder Abuse or Financial Exploitation
Sadly, elder financial abuse is on the rise — especially among seniors living alone or with cognitive impairment.

An elder law attorney can:

Investigate financial irregularities
Recover stolen funds or misused powers of attorney
Report suspected abuse and protect vulnerable adults
Create protections to avoid further exploitation
Don’t wait if something feels off. Legal intervention can stop the damage before it escalates.

6. You’re Acting as Power of Attorney or Caregiver and Feel Overwhelmed
If you’re trying to help a parent or spouse — and aren’t sure what your legal responsibilities are — an elder law attorney can help.

They can:

Clarify what you can/can’t do as a POA
Help manage assets or sell property legally
Guide you through guardianship if no POA exists
Support you in balancing care duties with legal obligations
Being a caregiver is hard enough. Legal help makes it more manageable.

7. You Want to Age at Home, Not in a Nursing Home
“Aging in place” is the goal for many Illinois residents — but it takes planning.

An elder law attorney can help you:

Budget for in-home care
Qualify for programs that support independent living
Set up a plan to transition care if needed
They’ll also connect you with elder advocates and care managers who can support your wishes.

8. Your Family Situation Is Complicated
Blended families. Estranged children. Unmarried partners. Family businesses. Sudden inheritances.

If your situation isn’t simple, don’t rely on boilerplate documents. An elder law attorney can help prevent future disputes by:

Customizing your estate plan
Drafting clear directives
Addressing legal risks ahead of time
This is especially important in Illinois, where probate court can be costly and time-consuming.

9. You Simply Want Peace of Mind
Sometimes the best reason to hire a local, Chicago elder law attorney is to feel confident you’ve covered all your bases.

With one conversation, you can:

Get answers about long-term care
Clarify legal risks
Create a plan to protect yourself and your loved ones
Legal peace of mind is a gift to yourself — and to your family.

Why Choose ElderSmart for Elder Law in Illinois?
At ElderSmart, we specialize in elder advocacy, estate planning, and long-term care planning across the Chicago area. Our founder, Martin Fogarty, brings over 30 years of experience and has walked this road personally with his own family.

Whether you’re planning ahead or dealing with a pressing issue, we’re here to help you:

Protect your assets
Stay in control of your decisions
Feel ready for whatever comes next
Schedule Your Consultation
Don’t wait for a crisis. If any of the signs above apply to you, reach out today to schedule a consultation with ElderSmart.

? Based in Glenview, IL — Serving clients across Chicago and beyond.