What is Elder Law?
The term "elder law" refers to an area of elder care that involves issues related to aging (such as Social Security and retirement planning) and estate planning (such as wills, trusts and end-of-life considerations). Elder law is a comprehensive and expansive field, covering a wide range of things relevant to the lives of seniors and their families . Common topics covered under the umbrella of elder law include estate planning, Medicaid planning and long-term care concerns, employment-related issues, retirement income, and guardianship and conservatorship.
More broadly, elder law concentrates on all the things that affect the quality of life and the independence of older adults. It is also concerned with the financial security of seniors, and the public and private service system available through Medicare, Social Security and other state and federal programs.
The Importance of Hiring an Elder Law Attorney in Knoxville
As the population ages and more families face the complex challenges that come with caring for aging loved ones, the need for knowledgeable legal guidance regarding elder law has become increasingly important in our region. While some may think that hiring an attorney is unnecessary, the fact is that a specialized lawyer can help you understand complicated local laws and ensure that your loved one’s wishes are respected in the future.
The legal landscape in Tennessee is different than other states, which means that the legal tools for managing healthcare and finances are also unique. An elder law attorney can help you answer important questions such as: How much control will a power of attorney have? How often do guardianship issues arise? What are the Medicaid eligibility requirements, and how is the Medicaid spend down calculated? These are just a few of the unique challenges that families in Tennessee and throughout Knoxville face. In a constantly changing landscape of laws, it is vital to have someone who not only has a deep understanding of the laws surrounding elder law and estate planning, but who specializes in them exclusively.
In short, the question isn’t "Do I need an elder law attorney?"—it’s "How do I find one and who do I trust?"
Services an Elder Law Attorney Provides
Elder law attorneys provide a range of legal services to their clients. Initially, they are often engaged for their estate planning work. They’ll do sophisticated trusts for the purpose of reducing estate taxes, protecting assets from nursing homes or giving beneficiary provisions to persons with disabilities. Elder law attorneys also do estate planning for the more traditional purpose of protecting and transferring assets to children. And at the same time they prepare ancillary documents like durable powers of attorney for finance and health care, and living wills.
An elder law attorney will draft these documents and may counsel you about their use and implementation. Always the estate planning attorney has some conversation about the state of your current affairs – what you own, any debts, who you want your beneficiaries to be, and how you want your assets to be distributed. That’s the first part of the elder law practice.
The second part of elder law practice is planning for long-term care. This means planning for the costs of a nursing home or other long-term institutional care. This includes protecting assets while also making sure that Medicaid will pay for the care. Medicaid law is the second major focus of elder law practice.
Finally there’s the practice of being a litigator. The elder law litigator represents clients in litigation where a family member has been taken advantage of in some way – undue influence, fraud, or the like. Generally, elder law litigation involves an incapacitated person or a person with diminished capacity who is the victim of some type of fraud or abuse.
How to Select the Best Elder Law Attorney
How to Choose the Best Elder Law Attorney in Knoxville, TN
When selecting the right elder law attorney for your needs, some of the best advice might actually come from the individuals and families that the attorney has worked with. When it comes to knowing what an elder law attorney is really like, someone who has used his or her services can give you important insight you may not find on the official website or marketing materials. Peers and colleagues might also have experience with the attorney, and there are also legal organizations in your state where you can review an attorney’s credentials as well.
You can also look at the attitude of the firm. A family-run firm tends to be much more personable than a large practice that has hundreds of clients. Pay attention to the level of communication you have, and whether you feel like your needs are important. Does the firm return communications quickly? Are you given the chance to read initial material before your first meeting? These things might provide some great insight into your ability to work comfortably with the attorney.
Of course, another thing that matters greatly is how focused their practice is. What type of elder law cases do they take? What is their specialty? Are they really an elder law attorney, or just claiming to be so as a way to attract a certain type of client? Look at their practice as it appears on their website, and ask them to give you examples of past cases. Find out if they have the experience to help you.
Top-Ranked Elder Law Attorneys in Knoxville, TN
David L. Teckler Senior Elder Law Attorney, Teckler & Teckler PA
David L. Teckler has spent many of his 35 years of practice in small towns, working with clients to address their estates and assets with care and understanding. David graduated magna cum laude from St. Lawrence University and received his Juris Doctor degree from the University of Tennessee College of Law in Knoxville, TN where he graduated third in his class. He is a member of the Tennessee Bar Association (TBA), the Knox County Bar Association and the National Academy of Elder Law Attorneys and is recognized as an Elder Care Attorney. He works with TECKLER & TECKLER to assist individuals and families with wills, estates and other legal matters. A founding member of Teckler & Teckler, PA, David L. Teckler is a natural in the implementation and management of the firm’s organizational structure and operations . As the most experienced member of the firm, David is poised to lead the team in serving the needs of clients in the most efficient and effective manner.
Thomson Senior Associate, Anderson DeMarco
Thomson joined Anderson DeMarco’s Knoxville office in July 2008 and became a senior associate with the firm in April 2011. Thomson practices throughout the firm’s five offices. He represents beneficiaries, creditors, fiduciaries, institutions, and individuals in a variety of probate and trust litigation, estate planning and administration, guardianship, and conservatorship matters. Thomson focuses his practice on complex and contentious judiciary accounting matters and trust dispute representation. He has practiced law in the State of Tennessee since 2006. Before joining Anderson DeMarco, Thomson practiced at a regional firm in Maryland. Thomson is a member of the TBA, the NACBA, the Nashville and Knoxville Bar Associations, and a graduate of the TBA Leadership Law Class of 2011.
Myths and Misunderstandings About Elder Law
Choosing the Right Elder Law Attorney in Knoxville, TN
Many people bring in some preconceived notions (to put it politely!) about elder law and its benefits that may be misguided… or even downright wrong. Here are some misperceptions we hear pretty often- and the straight scoop about each of them:
"Elder law is only for the rich!"
Uh, no. While maybe a generation or two ago, the legal industry was primarily catering to an older clientele with substantial means and estates, now elder law is much more focused on retirement planning, benefits qualification, asset protection and long-term care planning. You can rest assured that you will encounter any number of individuals, regardless of socioeconomic status, who will be very interested in these services.
"Only the lawyers and long-term care facilities benefit from these services!"
Contrary to the misimpressions that those who have been pitched difficult-to-decipher annuities and other confusing, expensive products by elder law marketing firms, we try to avoid such sales (unless specifically requested) as solutions. Our elder law practice at The Elder Law Practice Group focuses on Estate Planning, Probates, Medicaid Planning, Powers of Attorney, Wills and Trust, Long Term Care Planning, and Veterans’ Benefits. All of those services center around the lives of the people we represent. These services have high individual benefits and none of the services we offer are recurring, meaning they don’t occur every year either for us or for our clients. The problem is that "elder law" has become a long-term marketing term for a range of financial services that promise to help preserve one’s assets but often include hidden fees and costs. This is a huge boon for the marketing companies and financial services companies who play fast and loose with the term elder law to market their wares. It is best to stick to using the term "Elder Law" in a legal context and leave the non-legal uses for those in the financial services industries.
"The legal industry makes money selling boomer’s assets and properties!"
This is a comment made by people who arrive in my office with documents not written by me, and usually not drafted by any "lawyer." "Lawyer" does not equal "legal document." Just because someone creates a document that is then filed in Probate, that does not mean that the document is legitimate or legal. In many cases, the people who have arrived in my office with these documents have lost significant tens of thousands of dollars due to their reliance on a notary or an internet website. The reality is that we only get money when we do something for you – and we don’t sell or liquidate property for you. And most importantly, we don’t make money by telling you to give your stuff away or by increasing your taxes. We work hard to help you save money and do the right thing.
The bottom line is that elder law at its core is a comprehensive encouragement to people to think ahead about their needs. For instance, do you want to work until you’re 95, or would you like to retire at 55? Do you want to control your assets and manage your investments all your life, or might you like to take yourself off the list and let someone else take charge in case of emergency?
Any "financial advisor" who does little beyond investing your money in a high-risk broker manages is doing you no good… and could be doing much harm with a little age and a lot of assets!
And keep in mind that elder law is complex! You are not working with some college kid running a hot dog stand. You are working with someone who has scholarship hands and knows how to wipe off mustard…literally! And this reduces your risk for failure immensely!
Summary: Planning Ahead
Hiring a Knoxville, Tennessee elder law attorney at the right time can save you thousands of dollars and allow you to have greater control over your future. The earlier you reach out, the more options you have available and the better chance you have to protect your family’s best interests. So many people wait until something goes wrong before contacting an attorney to discuss their estate or plan for the future , but this is not in your best interests. By planning early, you’ll have the appropriate legal documents in place and you’ll not only know where you stand legally, but you’ll have a good chance of avoiding some of the health care and financial pitfalls many seniors experience.
