1-239-208-3040 info@swankelderlaw.com


Elder Law Frequently Asked Questions

Life takes all sorts of twists and turns and you can’t predict all the situations in which you’ll find yourself. It can be especially difficult to know exactly how to handle some of the challenging issues that arise as you age. You do have somewhere to turn. Our firm is skilled at providing legal assistance to older adults as well as people of all ages who are preparing for the future.

What is an Elder Law Attorney?

We help clients avoid the catastrophe created by the failure to plan. By preparing the appropriate legal documents such as trust, wills, durable powers of attorney, healthcare surrogates, living wills, and pre-need guardians, our clients can be confident they will minimize the hurdles and expense of crisis management.

We also help clients with issues surrounding disability, incapacity (guardianship) and long-term care. Each client’s situation is unique. One client may have long-term care insurance or savings to pay for assistance on their own, while the next needs help from Medicaid or the VA. Finally, elder law attorneys also help families after a loved one dies.

Why do I need an Elder Law Attorney?

First, we get it, our area of practice doesn’t make everyone want to race to our office for help. We’ve heard the comments, “An elder law attorney is for old people and I’m not old!” “Just because I’m retiring soon doesn’t mean I’m elderly.” We agree, but refer you back to frequently asked question number one. Focus on what it is that an elder law attorney actually does, not the name. Doesn’t it make sense to do your planning with someone who knows about the issues you may face in the future? We think the answer to that question is yes.

Why do I need an attorney at all?

We hear this question a lot when we speak to groups in the community. As a consumer, it’s a good one to ask. Whether you want help with estate planning or public benefits, there’s likely a do it yourself article on the internet somewhere. There’s also a flood of forms you can find on-line and plenty of companies that specialize in do it yourself kits. Let us point out that there are also instructions on line about how to take out your own appendix. Do you think that’s a good idea if you can avoid it?
The bottom line is that some of the most complex and costly cases we handle result from dealing with the adverse consequences created by people engaged in legal self help or from those how have paid for non-attorney advice. One incorrect word or oversight can mean the difference between good results and a legal nightmare.

How do I prepare for a consultation with an Elder Law Attorney?

If you schedule an appointment with our firm, it’s best to have a few things prepared before your appointment. In addition to completing our intake form, you should identify areas where you believe you need help or guidance. If you have any specific goals or things you want the lawyer to do, make a list and bring those to your consultation. Additionally, write down topics that you’re confused or concerned about. The prospect of meeting with a lawyer can sometimes seem overwhelming. Making a list of items for discussion will help you feel at ease during your appointment. Completing our client intake and coming to an appointment prepared is the best way to help ensure you get the most of your time with our attorney.

Upcoming Appointment?

We can help you prepare before you appointment with our easy-to-use downloadable forms. Click below to get started now.

Do you need help with an Elder Law topic?

Swank Elder Law

The firm of Britton G. Swank, P.A. is skilled at providing legal assistance to older adults and people of all ages preparing for the future.

Our Offices

Main Office:
10175 Six Mile Cypress Parkway, Ste 4
Fort Myers, Florida 33966

Satellite Office:
By Appointment Only
702 Leeland Heights Blvd W
Lehigh Acres, Florida 33936

Britton Swank Elder Law - Academy of Florida Elder Law Attorneys
Britton Swank Elder Law - Elder Counsel
Britton Swank Elder Law - Florida Bar Elder Law Section
Britton Swank Elder Law - Lee County Bar Association
Britton Swank Elder Law - Florida State Guardianship Association
Britton Swank Elder Law - National Academy of Elder Law Attornneys
Real Property, Probate & Trust Law Florida