July/August 2013   

 

An interview with Danielle Cefalu, J.D., Hurley Elder Care Law  

Q: When and why did you become an elder care attorney?

I graduated law school in 1990 and became a commercial litigator at a large firm in New Orleans. I later became in-house counsel for a large company. After Katrina hit, I decided to move to Atlanta to find an area of law I'd enjoy practicing and feel good about doing. I met Miles Hurley's wife at a school function (our kids go to school together) and she told me about Hurley Elder Care Law. It excited me, so I asked to meet with Miles and the rest is history. I love helping find solutions to their very real and complex problems. I get to see the relief felt by a wife of 60 years when she learns she won't lose everything if her husband goes into a nursing home. Or, witness an adult child get back his peace of mind when I help him get guardianship and conservatorship over his mother. That is why I do what I do.  

Q: How do you help people as an elder care attorney and why do you like what you do?

We help people with aging issues including retaining independence, quality of life and financial security. We concentrate on estate planning, powers of attorney and advance directives, planning for incapacity, public benefit planning, asset preservation, guardianship and conservatorship and probate. Helping people "get their affairs in order" or helping them find and pay for long-term care bring a great deal of serenity to our clients. I enjoy helping to relieve the anxiety that occurs with the aging process. Whether it's drafting a will for a 65 year old who wants to ensure he can provide a college education to his grandchildren or helping a 90 year old WWII Veteran obtain aid and attendance so he can receive care in his home. I love helping seniors solve their legal, and many times, financial problems.   

Q: What are some of the challenges seniors and their families face?

Finding the appropriate care for an aging loved one is a big challenge. First, there is the concern of how to pay for quality care. In the state of Georgia, Medicaid only pays for nursing home level care (There are some home and community based programs, but they are more difficult to access.)*. In-home care and/or senior living community/assisted living communities are not cheap and tapping into the right resources to pay for that care is challenging. Secondly, getting a family to accept that their loved one needs more care or needs to move to a facility is often difficult. People do not like change and often they come to see us when change is imminent.We do a lot of hand holding and always have Kleenex on the conference table.

Q: What's the #1 thing you think people need to do to prepare to become a senior?

The first priority is to get your affairs in order. A General Durable Power of Attorney for financial matters and an Advance Directive For Health Care are essential. Next, organize your finances so that if someone needs to take over for you, they can easily find everything. Too many of my cases involve conservatorships because dad or mom has lost capacity and didn't have a Power of Attorney (POA). The only way to access their money without a POA is through a conservatorship, which is costly. The reporting requirement to the courts is cumbersome. Finally, make a will and/or a trust. Either way, plan for your death. It will happen one day - whether you plan or not - so you might as well plan.

Q: When should adults start preparing?

Every adult at ANY asset level should have an Advanced Directive for Health Care, A General Durable Power of Attorney and a will. These documents need to be updated when any major changes occur in your life such as a birth, death, marriage, divorce, adoption, major financial gain or loss and every 10 years to make sure the laws have not changed.   

*Alternative Home Care For Seniors accepts and provides in-home care to CCSP/Medicaid clients. To find out if you or someone you know might qualify, contact derrick@alternative4seniors.com