What Does an Elder Law Attorney Do? 6 Tips for Hiring One

Hiring an elder law attorney is essential for families navigating complex legal issues affecting seniors, but what does an elder law attorney do? They focus their attention in helping aging individuals and their families address challenges like Medicaid planning, estate planning, and long-term care. In this blog, we’ll cover everything you need to know about finding the right attorney.

How a Qualified Elder Law Attorney Can Help Your Family

Elder law attorneys, sometimes called elder care attorneys or estate planning attorneys, are professionals who focus their practice on helping clients with legal matters affecting seniors. These legal services range from Medicaid planning and Social Security to estate planning and long-term care insurance. They are also well-versed in the complexities of nursing home agreements, Medicaid eligibility, and asset protection. By hiring an elder law attorney, you’re securing professional support to guide your family through decisions that impact your loved one’s health care, financial stability, and quality of life.

6 Key Factors to Consider When Hiring an Elder Law Attorney

When trying to find an elder law attorney, you may encounter a variety of professionals claiming expertise in this area of law. Here’s what to consider to ensure you’re working with a qualified elder law attorney:

Two seniors in wheelchairs sitting by a lake discussing estate planning.

1. Expertise in Elder Law and Key Legal Areas for Seniors

    Make sure the lawyer or professional you are considering has the necessary experience and expertise to help with your needs. It’s best to look for a lawyer focusing their practice in elder law or Medicaid planning, depending on your needs. It’s also important to ask about the lawyer’s experience. A lawyer with years of experience in the field will be better equipped to provide advice tailored to your unique situation.

    2. Importance of Concentration in Elder Law and Medicaid

      Elder law covers a wide range of services, but not all attorneys offer expertise in every area. Some may focus on estate planning without handling Medicaid planning, while others practice solely on Medicaid. Choosing an attorney experienced in both areas is crucial, as this ensures comprehensive support tailored to your needs. 

      Elder law attorneys assist with legal tasks like asset protection, retirement planning, estate planning, wills and trusts, powers of attorney, and guardianship. Medicaid attorneys, on the other hand, focus on nursing home Medicaid applications, asset preservation, and Medicaid eligibility, making them invaluable for families navigating long-term care and financial planning.

      A certified elder law attorney meeting with clients in her office.

      3. The Impact of Location on Legal Specialization

        Since states like Missouri and Kansas lack official specialization designations for elder law, estate planning, or Medicaid, it’s essential to conduct thorough research to verify an attorney’s credentials and expertise.

        4. Clarifying Fees and Payment Structures Before Hiring

          Before hiring an attorney, it’s important to understand their fees and payment structure. Ask about their billing methods, whether they charge an hourly rate, flat fee, or retainer, and what services are included. Also, clarify if there are any additional costs, such as for court filings or consultations. Be sure to discuss payment options, such as installment plans, to ensure the arrangement works for your budget. Clear communication about fees upfront can help prevent surprises and ensure a smooth working relationship.

          Multigenerational family members embracing for a hug.

          5. Communication and Family Support in Legal Planning

            When hiring an elder law attorney, it’s important to find one with whom you feel comfortable communicating. Ask about their preferred communication methods, how often they will provide updates, and their policy on returning calls or emails. Since family members often play a significant role in long-term care planning, it’s essential that the attorney works well with your family to ensure everyone’s needs are met and that they understand the implications of Medicaid planning, health care decisions, and estate plans.

            6. Evaluating the Reputation of an Elder Law Attorney

              When choosing an elder law attorney or Medicaid planner, it’s important to consider their reputation. Check online reviews from past clients to assess their expertise, communication, and success rate. Ask other professionals, such as financial advisors or healthcare providers, for referrals. Researching an attorney’s previous cases, especially those similar to yours, can also help gauge their experience.

              Doing thorough research ensures you find a qualified professional who can effectively navigate long-term care planning and estate management, securing the best care and coverage available to you under the law. The right attorney can make a significant difference in the outcome of your case and your family’s well-being.

              Finding the Right Elder Law Attorney for Your Needs

              The process of finding an elder law attorney doesn’t have to be overwhelming. Resources like the National Academy of Elder Law Attorneys and the National Elder Law Foundation can help you locate certified elder law attorneys in your area.

              At Paths Law, our team of experienced attorneys can provide comprehensive legal advice and services related to elder law, Medicaid, and VA benefits. We strive to provide each client with security in legally planning for the inevitable and unforeseen regarding their passing and long-term care needs. Contact us today to learn more about how we can help you.

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              We are legal experts focusing on wills, trusts, medicaid, guardianships, and asset protection for seniors and veterans in Missouri.

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              Paralegal

              Jennifer Scott

              jennifer scott

              Jennifer serves as an Estate Planning Paralegal, providing comprehensive support to the firm’s attorneys and clients. She assists in the preparation of wills, trusts, powers of attorney, and other estate planning documents, ensuring accuracy, clarity, and alignment with each client’s objectives.

              Before transitioning into estate planning, Jennifer gained extensive experience as a Family Law Paralegal, this background enables her to navigate sensitive client circumstances with professionalism, discretion, and a strong understanding of family dynamics.

              Jennifer is recognized for her attention to detail, strong organizational skills, and commitment to delivering a thoughtful and reassuring client experience. She approaches each matter with integrity and a focus on ensuring clients feel informed and supported throughout the process.

              Outside of the office, Jennifer enjoys practicing yoga, watching sunsets, and spending time in nature—activities that provide balance and inspiration in her personal life.

              Assistant to Russell Fracassa

              Peyton Osborne

              Peyton Osborne

              Peyton serves as the Assistant to Russell Fracassa, bringing dedication, reliability, and compassion to her role at Paths Law Firm.

              With prior experience supporting small businesses in administrative and operational capacities, she has developed strong organizational skills and a sharp attention to detail that help ensure both attorneys and clients are well supported.

              She is currently studying at the University of Missouri–Kansas City as an Honors Student, demonstrating a strong commitment to excellence in both her academic and professional pursuits. Peyton’s work ethic and drive are reflected in the care she brings to each task and interaction.

              Outside of the office, Peyton enjoys spending time with her family, reading, and exploring new places.

              Probate Paralegal

              Shaye Kotze

              Shaye Kotze

              Shaye entered the field of civil law in 2022 and has quickly developed a strong foundation in client service and legal support.

              Her academic background includes an Associate of Science degree in Healthcare Services and Informatics Administration and a Bachelor of Science in Interdisciplinary Studies, with an emphasis in Health and Human Services, Social Sciences, and Humanities.

              This unique blend of legal experience and healthcare-focused education allows Shaye to approach her work with both analytical precision and genuine empathy — especially when supporting families navigating complex and sensitive situations.

              Outside of the office, Shaye enjoys spending time with her husband and their one-year-old daughter. Whether she’s baking sourdough, working on arts and crafts, or enjoying time outdoors, she values creating meaningful moments with her family.

              Receptionist

              Malia Blosser

              Malia Blosser

              Malia serves as the first point of contact for many of our clients, helping create a welcoming and supportive experience from the very first phone call. As our receptionist, she assists with scheduling, communication, and ensuring that each interaction reflects the care and professionalism our firm values.

              She understands that many families who contact our office may be navigating stressful or uncertain situations, and she strives to make every conversation feel comfortable and reassuring.

              Outside of work, Malia enjoys spending time with her husband and their two children. She loves reading, watching movies, and baking with her kids — creating meaningful memories both at home and at work.

              Of Counsel

              Janeece L. Dent-Bennett

              Janeece L. Dent-Bennett

              Janeece Dent-Bennett was born in Lexington, Missouri, in 1960 and graduated from Lexington High School in 1979.  She graduated with a Bachelor of Science in Business Administration with a major in Accounting from University of Central Missouri in Warrensburg, MO in 1982. 

              In 1985, Janeece graduated with distinction from the University of Missouri-Kansas City School of Law.

              Upon graduation from law school, Janeece joined the former Shughart Thomson & Kilroy, P.C. law firm (now Polsinelli) in Kansas City, Missouri, with a primary practice in corporate and business law. 

              She started her own law practice in 1989 and has since practiced law in Lee’s Summit, Missouri, serving clients throughout the state of Missouri with a primary emphasis in Wills, Trusts, Estate Planning, Probate, and Business Transactions.

              Janeece is married and has 3 children.  Jillian Dent is an attorney in Kansas City, Missouri.  Nathan Dent is a Certified Public Accountant in Denver, Colorado.  Andrew Bennett is an Electrical Engineer in North Kansas City, Missouri.  Her husband Mark Bennett is an IT specialist contractor for the USDA.

              Recently, Janeece closed her former solo law practice of 36 years and joined Paths Law Firm in Lee’s Summit, MO as Of Counsel.

              Legal Assistant

              Reese M. Lehr

              Reese Lehr

              With a strong background in customer service and a passion for helping others, Reese brings dedication and a positive attitude to her role as a Legal Assistant at Paths Law Firm. She supports the team by managing client correspondence, organizing policies, and stepping in wherever needed to ensure clients receive the highest level of care. Known for her strong work ethic and adaptability, Reese is always ready to tackle new challenges and contribute to the firm’s mission.

              Reese is currently enrolled in the Honors Program at the University of Missouri–Kansas City, where she continues to pursue academic excellence. Outside of work and school, she enjoys spending time outdoors and cherishing meaningful moments with her family and friends. Her enthusiasm, reliability, and drive make her a valuable part of the Paths Law Firm team.

              Office Assistant

              Christine G. Yates

              Christine G. Yates
              Christine serves as the Office Assistant at Paths Law Firm, where she supports day-to-day operations with a strong work ethic and a positive attitude. A student at Faith Christian Academy, Christine is passionate about pursuing a future career in both business and law, with a goal of serving her community and making a meaningful impact.
               
              Outside of the office, Christine is a multi-talented individual who enjoys spending time with family and friends, playing musical instruments, practicing martial arts, cooking, exploring the outdoors, and constantly learning new skills. Her energy, curiosity, and dedication make her a valued member of the Paths team.

              Legal Assistant

              Bailey E. Harrison

              Bailey
              Bailey is a skilled Legal Assistant with a focus on elder law, providing dedicated support to both clients and attorneys. With a strong background in customer service and a certification from the University of Arkansas’ paralegal program, Bailey brings exceptional organizational skills, attention to detail, and a client-centered approach to their work.
               
              Committed to efficiency and professionalism, Bailey assists in navigating complex legal matters with compassion and precision. Outside of work, Bailey maintains a balanced lifestyle by reading, staying active, and spending quality time with their cats.

              Community Relations

              Jeane M. Fracassa

              Jeane M. Fracassa

              Jeane Fracassa – a dedicated and accomplished professional who retired with an impressive 38-year service record from the Kansas City Missouri Police Department. Throughout her illustrious career, Jeane served as a Civian Supervisor in the Communications Unit, where she played a pivotal role in ensuring efficient and effective communication within the department.

              Even in retirement, Jeane’s commitment to community service remains unwavering. Currently, she serves in various capacities within Community Relations at Paths Law Firm. Actively engaged in the Lee’s Summit and Overland Park communities, she proudly represents the law firm.

              In all aspects of her life, Jeane Fracassa exemplifies the values of community, compassion, and family. Her commitment to making a difference and her love for exploration make her a remarkable individual, whose presence brightens the lives of those she encounters. Whether at work, with family, or during her travels, Jeane’s genuine care for others and her zest for life make her a truly remarkable and inspiring person.

              Attorney

              Kathleen E. Overton

              Kathleen E. Overton, Attorney

              Kathleen Overton is an attorney and owner at Paths Law Firm. She has more than 17 years of experience advocating for those with special needs and navigating the state and federal agencies formed to help the disabled and elderly. At Paths Law Firm, Kathleen’s practice focuses on helping the elderly qualify for nursing home Medicaid, creating estate plans to protect beneficiaries, as well as a lot of time planning and forming businesses. Kathleen also enjoys helping clients form non-profit organizations and obtain 501(c)(3) tax exempt status.

               

              After attending law school at the University of Oklahoma, Kathleen began representing clients before the Social Security Administration. Eventually her practice switched to federal court appeals and Kathleen spent years representing clients before the Eastern and Western District of Missouri, the District of Kansas, and the Eighth Circuit Court of Appeals. Kathleen has since focused her practice on estate planning and elder law after watching clients struggle to find ways to financially care for loved ones with special needs or aging parents.

               

              Kathleen lives in the Northland with her husband and four children. She spends her free time attending soccer matches and ballet performances with her children and starting endless home improvement projects with her husband. 

              DIRECTOR OF OPERATIONS

              Sydney R. Morris

              Sydney R. Morris

              Sydney serves as the Director of Operations at Paths Law Firm, overseeing the firm’s internal processes, team coordination, and strategic initiatives. Since joining the firm in 2017, she has grown from an experienced paralegal and internal accountant into the central force behind the firm’s operational excellence. 

              She graduated with honors from the University of Missouri–Kansas City in 2022 with a Bachelor of Science in Accounting. Sydney is also a proud alumni member of Bloch Launchpad, Phi Theta Kappa, and the National Honor Society.

              Outside of the office, Sydney enjoys spending time with her husband, reading, baking, and going on long walks.

              FINANCIAL MANAGER

              René A. Fracassa

              René A. Fracassa

              René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

              René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

              In her spare time, René is currently quite active managing multiple generations of her family, including parents and grandkids.  René has had great impact on the lives of many women teaching discipling and teaching and abundance of Bible Studies. Her former career in management and event planning trained her well to juggle all the activity.

              MARKETING MANAGER

              Hilary R. Tichota

              Hilary Tichota

              Hilary plays a vital role in managing the Marketing Department at Paths Law Firm.  She is excellent at bringing new ideas and sharing valuable resources with the law firm and our community. Hilary has been with the law firm since the beginning, working in nearly every role which is invaluable in her marketing endeavors as she brings a unique set of skills into the Marketing Department.

              Hilary is nearly complete in her Bachelor’s of Arts Degree in Marketing at Park University.  She has earned the honor of being listed in National Honors Society, Phi Theta Kappa, and the Dean’s List. Hilary is always looking for new and innovative ways to share the law firm’s message.

              ATTORNEY

              Russell A. Fracassa (Rusty)

              Attorney Russell A. Fracassa

              When asked what he wants to do, his reply was “I just want to sit at the kitchen table and work directly with people.” Rusty enjoys working with clients providing experienced advocacy and supporting them through their unfamiliar and overwhelming situations. Due to all the challenges faced by seniors, it is essential to work with an experienced elder law attorney who has expertise in the law, issues, and concerns affecting seniors and their families.

              Rusty brings more than 30 years legal experience and expertise working for seniors and their families as an elder law attorney in Kansas City and surrounding. Prior to law school, Rusty was an accountant and his first couple years practicing law was as a tax attorney. This provides invaluable experience in his current practice of law. Rusty’s focus is helping protect seniors’ assets from taxes and long-term care costs, benefit qualification, and navigating more complex family scenarios in their estate planning.

              Rusty has personally experienced the loss every parent fears, caring for a spouse suffering with cancer and the treatment, and working with aging parents through all stages of their lives.  He intimately understands the challenges faced by individuals and their caretakers when capacity or health declines, how to prepare for it, and the legal matters while in the midst of it.  He may not be able to eliminate his client’s grief, but he strives to provide clients with peace of mind.

              In 2010, Rusty’s faith and love led him and part of his family to China as Christian missionaries. He and his wife, went permanently, but ended up dedicating 3 years to that ministry. They returned to Missouri to help with grandchildren after a family tragedy and later began anew with Paths Elder Law. The goal is providing compassionate care through legal advocacy.

              Rusty has multiple degrees and advanced study spanning his Bachelor’s of Arts in Business Administration – Accounting at Rockhurst College (now Rockhurst University), Masters of Arts in Accounting and in Intercultural Studies, as well as his Juris Doctorate from the University of Missouri at Kansas City School of Law.

              When Rusty is not practicing law, he enjoys spending time with his family, grandchildren, and excessive eating at local restaurants.

              Practice Areas

              • Wills and Trusts
              • Estate Planning
              • Asset Protection
              • Medicaid Benefits
              • VA Benefits
              • Probate
              • Guardianship and Conservatorships
              • Education

               

              BSBA and Master’s in Accounting, Master’s in Inter-Cultural Studies, and Doctorate in Juris Prudence

              • Rockhurst University
              • Liberty University
              • University of Missouri – Kansas City


              Admissions to Practice

              • Missouri


              Professional Memberships and Affiliations

              • State Bar of Missouri
              • National Academy of Elder Law Attorneys (long-time Member)
              • Elder Counsel (Charter and Ongoing Member)
              • Missouri Association of Trial Attorneys (Past Member)
              • Kansas City Metropolitan Bar Association
              • Missouri State Bar Committees – Elder Law, Estate Planning, Probate