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

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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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.

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 Manager

Bailey E. Harrison

Bailey
Bailey is a skilled Legal Assistant Manager 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