When Should I Hire an Elder Law Attorney?

Senior citizen filling out estate planning paperwork

5 Key Considerations

As we age, our legal and financial issues become increasingly complex. Senior citizens and elderly veterans often face unique challenges, from healthcare decisions to estate planning, requiring expert guidance. 

This guide explores when it’s time to hire an elder law attorney and why their expert services are crucial for older adults. Whether you’re planning for long-term care, nursing home, protecting against financial exploitation, or seeking legal advice on other complex issues, the most experienced elder law attorney can provide invaluable assistance.

Why Elder Law Attorneys Are Essential

Elder law attorneys concentrate on addressing the legal needs of senior citizens, focusing on issues like estate planning, Social Security, nursing home care, powers of attorney and guardianships. They understand the specific legal hurdles older adults face and are well-versed in creating financial plans to protect their clients’ property. These attorneys are often members of the National Academy of Elder Law Attorneys (NAELA), a professional organization dedicated to advancing the legal needs of older adults and their families.

1. They offer guidance on estate planning as durable powers of attorney 

One of the most important decisions you can make as a senior is creating an estate plan. This plan outlines how your property and assets will be distributed after death. It will include documents like wills and trusts. The most experienced elder law attorney can best help you design an estate plan reflecting your wishes and eliminate or minimizes the risk of probate.

Additionally, a durable power of attorney is a critical component of estate planning. This legal document allows a designated family member or trusted individual to make financial and medical decisions on your behalf if you become incapacitated. Without a durable power of attorney, families may face legal challenges when trying to manage the affairs of an incapacitated loved one. The only other option for doing so is a guardianship or conservatorship through the probate court.

Estate planning attorneys focusing their practice in elder and veteran law have a special skill set, and can make an often complicated process more smooth.

2. They protect against elder abuse and financial exploitation

Elder abuse and financial exploitation are serious issues affecting senior citizens. Unfortunately, older adults are more vulnerable to age discrimination, abuse, and scams designed to deplete their savings. An elder law attorney can help protect against these threats by advising on legal safeguards and creating financial plans that limit access to assets. They can also assist in pursuing legal action against individuals or institutions responsible for elder abuse.

3. They offer specialized support for complex legal issues 

As you age, you may encounter a range of complex legal issues. These can include questions about Social Security, veterans benefits, nursing home contracts, home care arrangements, and more. Experienced and focused elder law attorneys provide the legal services needed to navigate these matters. They can also help with Medicaid planning for the nursing home, ensuring that you meet eligibility requirements while preserving the family’s assets. It’s always better to plan ahead, but it’s never too late to take these steps.

When Exactly Should You Hire an Elder Law Attorney?

If you’re a senior citizen or a caretaking family member of an older adult, it’s important to know when to seek legal advice. Here are some key situations where their expertise is invaluable:

1. When planning for the estate

If there’s not a will or trust, or if the existing estate plan needs updating, it’s time to find an elder law attorney. They can help ensure assets are distributed according to your wishes, the most possible is saved, and protect from or reduce family disputes.

2. If you need long-term care planning

Navigating the costs and legal requirements for advanced health care, such as nursing home stays or home care, can be daunting. An elder law attorney can guide a family and their advisors through these decisions. Understanding options is vital in making informed choices.

3. When you’re concerned about elder abuse or financial exploitation

Elderly women having breakfast in a nursing home

If you suspect you or a loved one is a victim of elder abuse or financial exploitation, seek legal assistance immediately. An elder law attorney can help you take the necessary steps to protect yourself and pursue justice.

4. If you need guardianship or conservatorship

When any person becomes incapacitated and they did not previously put a durable power of attorney in place, guardianship or conservatorship is likely the only other option. An elder law attorney can help families navigate these complex legal issues, ensuring the rights of the incapacitated person are respected.

5. When you’re facing age discriminationAge discrimination can affect employment, housing, and other areas of life. If you believe you’ve been discriminated against because of your age, an elder law attorney can help you understand your legal rights and take appropriate action.

Taking the Next Step: Embracing Elder Law Support With Paths

As we all age, hiring an elder law attorney is an essential step in ensuring legal and financial affairs are in proper order. Most important is having a lawyer and a legal firm that genuinely cares about you and your family. Not only with knowledge, but with legal and personal experience. At Paths Law Firm, one evident commitment to client care is their JOYFUL mail program. It aims to “bridge the generations” by connecting seniors with penpals from younger generations. This initiative helps combat isolation among the elderly, providing them with meaningful social interactions.

To learn more about how Paths Law Firm can support you, including assistance with long-term care for veterans and Medicaid planning, contact us today. Our team is dedicated to offering comprehensive legal services to help navigate aging with confidence and peace of mind.

Estate Planning For Seniors and Veterans With Elder Law Attorney

Estate planning is especially crucial for the seniors and elderly veterans, as they need to make clear, informed end-of-life decisions regarding their property, their money, and their wishes after death. Estate attorneys concentrating and experienced in elder and veteran law have a special skill set with the distinct circumstances of such clients. The most experienced attorneys can make an often complicated and melancholy process more pleasant and smooth

Focused Expertise, Knowledge, and Care of Elder Law Estate Attorneys

institutional care

Lawyers focusing their practice in elderly law are well versed in the life situations of their clients. The more experienced ones have likely dealt with the same issues in their own family. For these reasons, they are the best ones to see for such legal issues as wills and trusts, Veteran Association programs, Medicaid, and the possibility of probate court. They are well aware of their role to inform older clients and their families so they can make choices on how to put their legal affairs in order.

It is important to know a lawyer and their office have a genuine concern for clients for trust and the most beneficial relationship. Paths Law Firm and the foundation of their JOYFUL mail program, open not only to clients or the elderly in their community, but to any and all seniors in the United States who would enjoy having a penpal of a younger generation. The stated goal of the program is to “bridge the generations” and to provide meaningful social interactions to isolated seniors.

Unique Circumstances Call for the Best Legal Support

Estate planning for seniors and veterans involves many factors and programs specific to their age and socioeconomic positions. The role of an estate lawyer is to educate and provide chosen means of lawfully protecting a client’s wishes for their money and property during life, as well as if they become incapacitated or die. This can include legally restricting access to assets through such processes as insurance, asset transfers, and trusts preventing greedy actions by individuals and businesses alike. Experienced elder law attorneys provide the best solutions when it comes to nursing home planning costs, determining eligibility for programs like Veterans benefits, Medicaid, and long-term care insurance. They also help manage legal guardianships should a loved one become incapacitated. Check out Paths Law Firm today to explore available services, including assistance with long-term care for veterans and Medicaid.

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Client Care Advisor

Amy L. Gonzales

Amy L. Gonzales

Client Care Advisor

Amy L. Gonzales

Amy is our Client Care Advisor and brings over 20 years of combined experience in healthcare and senior living. She has a passion for helping seniors and their families navigate the often-difficult next steps. Her role at Paths Law Firm includes assistance with placement services, for those needing senior living options, as well as client satisfaction and supporting the marketing efforts. She never tires of hearing the life stories of our clients and brings experience and compassion to wherever they are in their journey.
 
Amy attended the University of Missouri in Columbia, Missouri. She was the Director of Sales for a home IV therapy and home care company, an Executive Director for an independent living community, and spent a season as a licensed realtor for both Missouri and Kansas. She has also worked for several years in assisted living and memory care. She co-authored a book called The MyDucks Personal Organizer, which is a tool to help individuals manage their medical, legal, personal, and legacy information. She spent several years as a speaker throughout Kansas City helping to educate and motivate people to get their “ducks in a row”!
 
She is blessed to be married to her husband, Ed, and they have a blended family with 5 grown children. Much of their time is now spent caring for their golden retrievers, enjoying time with family, and traveling whenever possible.

Legal Assistant

Mia G. Santora

Mia G. Santora

Legal Assistant

Mia G. Santora

Mia plays a key role as our dedicated Legal Assistant, collaborating closely with our paralegals on estate planning document preparation. She also supports our attorneys to ensure top-notch service for all our clients. In addition to her legal responsibilities, Mia supports our marketing team with client relations and is the Paths Membership Program coordinator. With a strong background in Project Management, Mia has gained valuable experience from diverse professionals across the country, having lived in Florida and California before joining our team. She graduated with honors from the University of Missouri-Kansas City, earning a bachelor’s degree in political science with a minor in communications.
 
Mia is always eager to learn the intricacies of elder law and brings a positive attitude to her work. Outside of the office, she enjoys enriching her mind through reading and spending quality time with her two dogs.
 

Community Relations

Jeane M. Fracassa

Jeane M. Fracassa

Community Relations

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.

Administrative Assistant

Laura E. Messer

Laura E. Messer

Administrative Assistant

Laura E. Messer

Laura is the Law Firm’s marketing assistant, supporting all marketing tasks, including managing calendars, researching upcoming events, updating marketing software and spreadsheets, and partnering with organizations to maintain relationships that benefit Paths Law Firm’s clients.  Laura is also the law firm’s professional photographer as she provides the professional photographs for the headshots, organizations, events, and networking.

Laura has over 10 years of experience as a professional photographer.  She is also Adobe and Microsoft Certified.  She graduated from Columbia College, Columbia, Missouri with her Bachelor of Arts degree, Magna Cum Laude, in Behavioral Psychology (minors in Social Work and Criminal Justice), and her Photographic Craftsman degree from Professional Photographers of America. She is certified as a Qualified Mental Health Professional, Certified Gentle Teacher, Medicaid Billing Certified, Crisis Intervention Counselor, and a Missouri Notary.

Laura has been married more than 26 years and has a daughter and a son. She has four brothers, a niece, and a nephew. Her four spoiled pets that love her attention. A lot of Laura’s off time is spent taking photos and she is an internationally published photographer. Laura owns a studio on the historic Independence Square. 

Administrative Assistant

Holly D. Bramble

Holly D. Bramble

Administrative Assistant

Holly D. Bramble

Holly is our newest member of the administrative team. She is hardworking, has proven organizational skills and excellent communication skills. Holly has transitioned to the Estate Planning field from healthcare administration where she gained valuable knowledge that has contributed to her success here at Paths.

Holly enjoys spending time with loved ones, cheering for the Chiefs, and relaxing on the beach.

Administrative Assistant

Tressa L. Purdy

Tressa L. Purdy

Administrative Assistant

Tressa L. Purdy

Tressa has the important role of being a client’s initial point of contact as the law firm’s receptionist for all locations.  She also welcomes, assists, and cares for clients at the Lee’s Summit office. Additionally, she provides support in an administrative capacity for the attorneys, staff, and clients.  When you meet Tressa, the first quality many note is her readiness to be of assistance.

 

Tressa is a graduate of Park Hill High School with extensive administrative experience and executive level management. Tressa brings a stability and comfort to the law firm experience having worked in a variety of industries and having lived in six different major metropolitan cities.

 

Tressa has a daughter, two sons, and one grandchild.  In her free time, she enjoys her family and friends, loves being outdoors, gardening, bike riding and bird watching. Indoor hobbies include scrapbooking, painting cookies, and cheering on Chiefs football. She is a Kansas City native but enjoys traveling but is always happy to be back in her hometown.  

Attorney

Kathleen E. Overton

Kathleen E. Overton, Attorney

Attorney

Kathleen E. Overton

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. 

Senior Paralegal

Terry L. Whitmash

Medicaid Paralegal

Tena K. Dooley

Terry brings a wealth of knowledge and versatility to her work having more than 35 years of experience as a paralegal, primarily in family law. She holds an Associate’s Degree and a Paralegal Certificate from Johnson County Community College. Her experience and education makes her an invaluable asset to our team.
 
Beyond her professional achievements, Terry is happily married and the proud parent of six children, as well as a devoted grandmother to nine wonderful grandchildren. In her personal time, she’s passionate about fitness, enjoying the challenges of boot camp workouts and the tranquility of hiking in the great outdoors. At home, she’s kept company by her husband and her lovable Boston Terrier, Jersey, who brings endless fun and energy to her life.

PARALEGAL & ACCOUNTANT

Sydney R. Morris

Sydney R. Morris

PARALEGAL & ACCOUNTANT

Sydney R. Morris

Sydney is the law firm’s internal accountant and one of their experienced paralegals having been with Paths Law Firm since 2017. She is a primary point of contact for estate planning and business planning.

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

In her free time, Sydney enjoys spending time with her husband, reading, baking and going on long walks. 

SENIOR ADMINISTRATIVE ASSISTANT

Christy L. Phillips

Christy L. Phillips

SENIOR ADMINISTRATIVE ASSISTANT

Christy L. Phillips

Christy has three years of experience in elder law working for seniors and their families. She is currently the Senior Administrative Assistant and organizes the day to day functions of the office and makes sure everything runs smoothly. When asked why she loved what she does, Christy said at Paths Law Firm, she gets the opportunity to help clients in more ways than one. Her favorite parts of the job are getting to know the clients and helping them get their questions answered. 

Christy’s experience in the finance industry has been extremely beneficial to her role as the Senior Administrative Assistant. Christy has a special place in her heart for the elderly and attributes this to the relationship she had with her grandparents. 

Christy was raised in Ogden, Utah and moved to Independence, MO, when she was ten years old. She has been with her high school sweetheart for 25 years and they have two beautiful children together. Her daughter works in the medical industry, and her son currently attends High School and plays Baseball. When Christy is not working, she enjoys crafting and spending time with her family and friends.

Christy’s experience in the finance industry has been extremely beneficial to her role as Benefits Coordinator. There have been many influences that went into her decision to select the field of Elder Law. Christy has a special place in her heart for the elderly and attributes this to her relationship with her grandparents.

When asked why she loves what she does, Christy said that at Paths Elder law, she gets the opportunity to help clients in more ways than one. Her favorite part of her job is getting clients approved for Medicaid or VA benefits as it is a huge relief for them and their loved ones.

Christy was raised in Ogden, Utah, and moved to Independence, MO, when she was ten years old. She has two children that keep her busy and fill her life with joy! Christy’s daughter cheers for Avila University, and her son plays competitive baseball for the Bucks and races BMX locally for the Motorcycle Closeout Team.

When Christy is not working, she enjoys crafting and making homemade gifts for her loved ones and raising her kids to be healthy, happy, and positive humans.

 

Practice Areas

  • Medicaid Benefits
  • VA Benefits

 

Professionalc Memberships and Affiliations

  • Missouri Notary

FINANCIAL MANAGER

René A. Fracassa

René A. Fracassa

FINANCIAL MANAGER

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

MARKETING MANAGER

Hilary R. 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.

SR. PARALEGAL & OPERATIONS MANAGER

Jennifer A. Bronson

Jennifer Bronson

SR. PARALEGAL & OPERATIONS MANAGER

Jennifer A. Bronson

Jennifer is the Sr. Paralegal and Operations Manager at Paths Law Firm.  She oversees the firm’s probate department as well developing, implementing, and managing all the firm’s administrative processes having been with the law firm almost from the beginning.  She enjoys client contact as well as behind-the-scenes operations.

 

Jennifer began her legal career in 1990 as a legal secretary.  She has worked in small and medium sized firms, as well as court operations.  She has her Paralegal Certificate from Boston University, Law Office Management Certificate from University of Central Missouri, and she is a Master Financial Coach. 

 

Jennifer has two daughters, twin sons, and twin grandsons.  She spends as much time as she can with them.  She enjoys reading, listening to podcasts, and tending her yard. 

ATTORNEY

Russell A. Fracassa (Rusty)

Attorney Russell A. Fracassa

ATTORNEY

Russell A. Fracassa (Rusty)

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