Frequently Asked Questions
What is Elder Law?
Elder Law is a specialized field of law. It combines elements of Estate Planning, Wills and Trusts, Conservatorship and Health Care Planning.
Can I hire an attorney in Washington, DC if I live in another state?
If you need help with a family member residing in Washington, D.C., Fawcett and Fawcett can serve you even if you live in another state. However, if you need an attorney to petition the court for guardianship of an elderly parent, the attorney you retain must practice law in your home state. Attorneys at Fawcett & Fawcett practice law in D.C., Maryland, New York, and New Jersey.
What should I look for when hiring an attorney?
Many attorneys have the proper knowledge to assist a client, however finding one that gives you comfort is important. The Fawcett & Fawcett firm understands that many of the issues that bring our clients to us are sensitive and new areas to contemplate. Our highest priority is providing our clients’ comfort throughout our communications and support.
I am in my 30s and married with children. Why should I bother to spend money to have an attorney do an estate plan when my spouse and I own all our assets jointly?
An elder law attorney may be helpful and necessary when doing long term planning such as estate planning or creating trusts which are essential to you and your family in the event of an unforeseen emergency. They will ensure that your personal wishes on assets ownership, sales, liquidation, etc. will be carried out and in doing so, your family safeguarded. Elder law attorneys are instrumental to help parents choose guardians and plan trusts for their children should they perish in a common accident.
My close relative is ‘losing it’ and doing bizarre things. I suspect bills are going unpaid and am concerned. What can I do?
If a person has truly lost mental competence, and is unable to exercise rational control over his or her property, the courts may appoint a “conservator” in a “conservatorship” proceeding. Just because someone is acting a bit eccentric is not likely to be sufficient to justify the appointment of a conservator. The courts are likely to respect a person’s wishes to control his or her own affairs unless convinced that the person really needs to be protected against him or herself. A very careful determination of mental capacity must be made, and this typically involves at least one physician, often a psychiatrist, and a lawyer familiar with elder law matters.
My mom is ready to consider various types of housing options for seniors. How can an attorney help me?
A veteran attorney who has specialized in elder law can guide you and your mother through the potpourri of available senior housing options and point you toward those best suited for your mother. Housing options fall into three categories reflecting the level of services and/or care provided. They are: independent living retirement communities, “assisted-living” facilities and nursing homes.