Q&A : Elder Law
The world of legalities is full of complications and caveats - this can be particularly true as a senior when it comes to planning and protecting your assets along the aging process. Thankfully, there is a path for peace of mind through elder law attorneys and their knowledge in navigating this complex topic. We are excited to introduce our guest writer this month, who is a local expert in elder law - Ashley M. Elias Esq., CELA!
Ashley M. Elias, Esq., CELA, is a committed legal professional from Pittsburgh, PA, dedicated to serving families and her community. A graduate of Duquesne University School of Law, her career includes diverse roles in law enforcement, prosecution, and academia. She began as a police officer at 19, later instructing at the Beaver County Police Academy, serving as a prosecutor for five years, and working as a Special Agent with the FBI. She also clerked for President Judge John McBride and served as an Assistant Public Defender.
In 2019, Ashley joined Nalli, Elias & Associates, P.C., where she focuses on Estate Planning, Estate and Trust Administration, and Elder Law. She became a partner in 2021 and earned the Certified Elder Law Attorney designation in 2023 -- underscoring her commitment to the elderly and their families.
Why and when would I need an elder law attorney?
Ashley: One instance that it is good to speak to an Elder Law Attorney is when you reach approximately the age of 60 years old and up to see what kind of preplanning can be done to meet your specific goals. Another time is if a loved one receives a diagnosis that may trigger the need to apply for long-term care Medicaid in the near future. Many clients come to an elder law attorney when a loved one is entering into a long-term care facility, and they need to apply for Medicaid where no preplanning was done so they need help understanding how all of the applicant’s resources will come into play and if there are any resources that can be protected for the applicant.
What do you wish seniors knew regarding elder law, their rights, and planning for the future?
Ashley: That is you did no preplanning, and you end up in the situation where you need long-term care and plan to apply for Medicaid, there is still something an elder law attorney can do for you to help preserve some of your assets. Speak to an elder law attorney before making any application for long-term care Medicaid.
What should be a priority as a senior regarding protecting my assets?
Ashley: Considering the use of a Medicaid Asset Protection Trust. While they do create some limitations, they are a great tool in the right circumstances and for certain individuals.
What should I look for in an elder law attorney?
Ashley: You should look for a Certified Elder Law Attorney. While any attorney may practice as an elder law attorney, only a certified one has met the prerequisites and sat for an exam to prove they are knowledgeable and experienced in the areas of Estate Planning, Estate and Trust Administration and Elder Law. In addition, a Certified Elder Law Attorney must recertify every 5 years with the National Elder Law Foundation that they have taken updated legal education courses and kept up to date with the changes in the area of practice and have also handled cases in these areas. More specifically, they must show they have 75 hours of continuing education courses, practiced at least 16 hours per week in these practice areas and have provided at least 60 elder law matters in that 5 year period.
What is an ideal timeline for legal planning?
Ashley: If you have no planning done, all times are a good time to start. If you have an existing plan, you should revisit the plan at least every three years and any time a life circumstances change.
What documents should I have in place as a senior?
Ashley: The minimum documents you should have prepared is a Last Will and Testament, General Durable Power of Attorney, a General Durable Healthcare Power of Attorney, a HIPAA Authorization, and a Living Will. Revocable and Irrevocable Trusts depend on the goals and circumstances of the individual but should always be discussed if they make sense for you.
How do I determine a POA - Should I have multiple?
Ashley: Your Agent in the Financial or Healthcare Power of Attorney will have many broad powers over your finances and medical decisions. It is extremely important to know whether the Agent/s you are naming are the right fit. For example, you do not want someone with a gambling problem, alcohol issue or drug addiction managing your finances. If you have a nurse or doctor in the family, they are a great option for a healthcare power of attorney. Make sure they are willing to do the work that would be required of them if you were to become incapacitated.
What is the difference of what would be a probate asset versus a non-probate asset upon my passing?
Ashley: When someone passes away their assets will be categorized as probate or non-probate. Probate is any asset in the decedent’s name only. Non-probate assets would be assets with a joint owner, beneficiary designated, a payable on death (POD) or transfer on death (TOD) asset or an asset held in a Trust.
What is the difference between a Trust and a Will?
Ashley: A Will is created during your life but is only used when you pass away. A Trust becomes effective the day you fund it with your assets. They both name beneficiaries, state how the beneficiary receives the asset and whether its outright or held in trust. In the Will you name an Executor who will marshal your assets when you pass away. In the Trust you are naming a Trustee/Successor Trustee to manage the assets funded in the Trust either upon your incapacity or upon your passing.
We cannot thank Ashley enough for her time and expertise on a topic that we know is important to our readers. There are numerous instances where we have witnessed clients finding themselves not well-prepared, which becomes an unnecessary burden to all parties involved. If you are local to the Pittsburgh area, we encourage you to reach out to Nalli, Elias & Associates, whose contact information is listed below, or someone who is also a Certified Elder Law Attorney near you. Planning is priceless!
