Why Describing Your Goals Matters
When you meet an elder law attorney for the first time, the conversation sets the foundation for everything that follows. Attorneys are trained to ask questions, but they rely on you to share what you want to achieve. If your goals are vague or unspoken, the advice you receive may not address your real concerns. Clear goal-setting helps the attorney understand your priorities, identify relevant legal tools, and recommend a path that fits your situation.
This article offers a practical framework for describing your goals. It includes a checklist and hypothetical examples to illustrate how to communicate effectively. The examples are clearly labeled and are not based on real cases or outcomes. This is general information, not legal advice. For guidance tailored to your circumstances, consult a qualified elder law attorney.
Before the Meeting: Clarify What You Want
Goals can be broad or specific. They may involve long-term care planning, asset protection, estate administration, or decision-making support. Before you sit down with an attorney, spend some time reflecting on what matters most to you. Consider these categories:
- Care and living arrangements: Do you want to remain at home? Are you considering assisted living or a nursing facility? What support services might you need?
- Financial security: How do you want your assets managed? Are you concerned about paying for care without depleting savings? Do you want to provide for heirs?
- Legal decision-making: Who should make decisions if you become unable to do so? Do you have advance directives or powers of attorney in place?
- Family dynamics: Are there family members who should be involved? Are there conflicts or sensitivities the attorney should know about?
- Government benefits: Are you seeking information about Medicaid, Veterans benefits, or other programs? What do you already know about eligibility?
- Estate distribution: How do you want your estate distributed? Are there specific gifts or charitable intentions?
Your goals may overlap or change over time. The key is to identify your top priorities so you can communicate them clearly.
A Checklist for Describing Your Goals
Use this checklist to organize your thoughts before the meeting. You can bring it with you or use it as a mental guide.
- [ ] State your primary concern in one sentence. For example: "I want to make sure my spouse can stay in our home if I need long-term care."
- [ ] List your top three goals. Rank them in order of importance.
- [ ] Note any deadlines or time-sensitive issues. Are you facing a health crisis, a pending move, or a financial deadline?
- [ ] Identify the people involved. Who else might be affected by your decisions? Do they need to be part of the conversation?
- [ ] Gather relevant documents. Bring any existing wills, trusts, powers of attorney, advance directives, insurance policies, and financial statements.
- [ ] Prepare questions. What do you want to learn from the attorney? Write down your questions so you don't forget them.
- [ ] Consider your comfort level. Are you comfortable discussing finances and family matters? If not, let the attorney know so they can adjust their approach.
- [ ] Be honest about uncertainties. It's okay to say you don't know something. The attorney can help you explore options.
How to Frame Your Goals in Conversation
When you meet the attorney, you can use a simple structure to describe your goals:
- Start with the big picture. "I'm here because I'm concerned about how to pay for care if my health declines."
- Share specific concerns. "I've heard that Medicaid has strict rules, and I'm worried about losing my savings."
- Describe your ideal outcome. "I'd like to protect enough assets so my spouse can live comfortably, and still qualify for benefits if needed."
- Mention any constraints. "I have a limited budget for legal fees, and I'd like to keep things simple."
- Ask for clarification. "Can you explain how the rules might apply to my situation?"
This approach gives the attorney a clear starting point and invites a dialogue. Remember, you are not expected to know legal terminology or solutions. Your job is to describe what you want; the attorney's job is to explain how the law can help.
Hypothetical Examples
The following examples are hypothetical and for illustration only. They are not based on real clients or outcomes.
Example 1: Planning for Long-Term Care
Maria, a 72-year-old widow, is in good health but worries about future care costs. She tells the attorney: "I want to stay in my home as long as possible. If I need nursing care, I don't want to spend all my savings. I'd like to know if I can protect some assets for my children." The attorney can then discuss options such as irrevocable trusts, Medicaid planning, and long-term care insurance. Maria's clear goal helps the attorney focus on strategies that align with her wishes.
Example 2: Seeking Decision-Making Support
James, a 68-year-old man with early-stage Parkinson's disease, wants to ensure his daughter can make financial decisions if he becomes incapacitated. He says: "I want my daughter to handle my finances if I can't. I also want to make sure my medical wishes are followed. What documents do I need?" The attorney can explain powers of attorney, advance directives, and possibly a revocable living trust. James's goal is specific and action-oriented.
Example 3: Estate Distribution with Family Considerations
The Lee family includes two adult children, one of whom has a disability. The parents want to provide for both children without jeopardizing the disabled child's government benefits. They tell the attorney: "We want to leave money to both children, but we're worried about affecting our son's benefits. How can we structure our estate?" The attorney might suggest a special needs trust. The parents' goal highlights the need for specialized planning.
Example 4: Avoiding Family Conflict
Robert, 80, has three children who don't get along. He wants to avoid disputes after his death. He says: "I want to divide my estate equally, but I'm afraid my children will fight. Can we make my wishes clear?" The attorney can discuss clear documentation, possibly a trust, and communication strategies. Robert's goal addresses both legal and relational aspects.
What to Do If You're Unsure About Your Goals
It's common to feel uncertain. You might not know what options exist or what you're legally allowed to do. In that case, you can tell the attorney: "I'm not sure what I need. I'm worried about the future and want to understand my options." A good attorney will guide you through a discovery process, asking questions to help you clarify your goals. You can also ask for educational materials or a follow-up meeting.
If you have multiple goals, prioritize them. For example, you might say: "My top priority is making sure my spouse is cared for. Second, I want to minimize taxes. Third, I want to leave something to charity." This ranking helps the attorney allocate time and resources effectively.
Questions to Ask the Attorney
As you describe your goals, you may also want to ask the attorney questions to ensure they are the right fit. Consider:
- What is your experience with cases like mine?
- How do you typically charge for your services?
- Who else in your office might work on my matter?
- How will we communicate and how often?
- What information do you need from me to get started?
These questions can help you assess whether the attorney understands your goals and can meet your needs. For more guidance on selecting a provider, see our article on Elder Law Attorney: Questions to Ask Before Choosing a Provider.
After the Meeting: Next Steps
After your first meeting, take time to reflect. Did the attorney listen to your goals? Did they explain things clearly? Did you feel comfortable? If you're unsure, it's okay to seek a second opinion. Elder law is a specialized field, and finding the right attorney is important.
You can also use the meeting to refine your goals. Perhaps you learned about a tool you didn't know existed, or you realized a goal was unrealistic. Update your checklist and prepare for follow-up conversations.
For more on preparing for a first consultation, see Elder Law Attorney: How to Prepare for a First Consultation.
Conclusion
Describing your goals clearly at the first meeting with an elder law attorney helps you get the most out of the relationship. Use the checklist and examples in this article to organize your thoughts. Remember that you are the expert on your own life; the attorney is there to apply legal expertise to your unique situation. Be honest, ask questions, and don't hesitate to clarify until you feel understood.
This article provides general information and does not constitute legal advice. Laws vary by jurisdiction and individual circumstances matter. Consult a qualified elder law attorney for advice specific to your situation.
Additional Resources
- Elder Law Attorney: How to Prepare for a First Consultation
- Preparing for Your First Elder Law Attorney Consultation
- Choosing an Elder Law Attorney Provider
- Elder Law Attorney: In-Person vs. Remote Appointments — Questions to Ask
- Elder Law Attorney: Questions to Ask Before Choosing a Provider
These resources offer further guidance on selecting and working with an elder law attorney. They are provided for informational purposes and do not constitute endorsements.