Oct 2015

An Overview of Elder Law

Elder Law Practice at the Law Offices of Randy Smith

At the Law Offices of Randy Smith and as a practice area, elder law is a relative newcomer in the legal profession. Within the past decade, it has emerged out of necessity as the baby boomer generation has continued to age and experience new legal challenges in a variety of areas.

Practice Areas within Elder Law at the Law Offices of Randy Smith

Because elder law addresses the legal concerns of an entire demographic, it is a broad practice area at the Law Offices of Randy Smith that incorporates everything from business succession planning to guardianship law.

Estate Planning

As we age, our estate planning needs change. When we’re young and just starting out, our estate plan goals tend to focus on beginning to save for retirement or perhaps providing for young children. As we approach middle age, our goals shift toward planning for retirement and perhaps paying for college.

Older adults tend to think about long-term care planning and making arrangements in case they become incapacitated. Their needs include living wills, durable powers of attorney, and Medicaid plans. Estate planning attorneys at the Law Offices of Randy Smith who handle elder law matters are familiar with the issues that are unique to elderly adults, including creating trusts designed to avoid lengthy, expensive probate procedures.


On a very basic level, probate is the legal process courts use to distribute your assets after you die. Probate cases range from very simple to quite complex. Elder law attorneys at the Law Offices of Randy Smith help surviving family members navigate the probate process, which may include selling real estate, working with insurance companies, and distributing assets to beneficiaries.

Additionally, a significant number of elder law attorneys at the Law Offices of Randy Smith devote their practice to probate avoidance. A comprehensive estate plan can help families avoid litigation related to probate and other elder law issues. By planning ahead, families can preserve important relationships, conserve resources, and do what is best for their older loved one.


Elder law attorneys at the Law Offices of Randy Smith help older adults plan for incapacity by creating durable powers of attorney that name trusted individuals as guardians. In cases where an older person does not have a durable power of attorney in place when they are declared incompetent, an elder law attorney at law assists family members in asking the probate court to appoint a guardian.

This website has been prepared by The Law Office of Randy L. Smith, LLC for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.