What to Know About Smith & Haskell Law Firm's Elder Law Practice

Smith & Haskell Law Firm serves South Carolina seniors through elder law counsel

Smith & Haskell Law Firm is a South Carolina-based practice that works with older adults and their families on legal matters tied to aging. The firm handles estate planning, guardianship, Medicaid planning, and other concerns that come up as people move through their later years. They work with clients in person and can discuss your specific situation during a consultation.

The firm is located in South Carolina and operates within state law. Like any law firm, they charge for their services—rates and fee structures vary depending on the type of work involved. Before you hire any attorney, you should understand what they charge, how they bill (hourly, flat fee, or another method), and what services that covers.

Key Takeaways

• Smith & Haskell Law Firm focuses on elder law matters including estate planning, guardianship, and Medicaid planning for South Carolina residents.
• The firm works with older adults and their families directly, offering in-person consultations to discuss individual circumstances.
• You should ask about the firm's fee structure, billing method, and what specific services are included before hiring.
• Elder law attorneys help with legal documents and planning but cannot predict outcomes or may provide results in court proceedings.

What elder law attorneys typically handle

Elder law covers a range of legal work that becomes relevant as people age. Estate planning—creating or updating a will, setting up trusts, naming beneficiaries—is one common area. Guardianship and conservatorship matters involve court proceedings when someone needs a legal representative to make decisions on their behalf.

Medicaid planning helps people understand how to structure assets and income so they can access long-term care coverage if needed. Power of attorney documents let you name someone to handle finances or medical decisions if you become unable to do so. Healthcare directives and living wills spell out your wishes for end-of-life care.

Some elder law practices also work on issues like elder abuse, nursing home disputes, or Social Security and Medicare questions. The specific services a firm offers depend on the attorneys' experience and focus areas.

How to find out what Smith & Haskell offers

The best way to learn what services the firm provides is to contact them directly. You can ask about their experience with your particular concern—whether that is estate planning, Medicaid, guardianship, or something else. Many law firms offer an initial consultation, sometimes at no charge, where you can discuss your situation and see if they are a good fit.

When you call or visit, ask specific questions: What types of cases do they handle most often? How long have they worked in elder law? What is their process for handling your matter? What will it cost, and how do they bill? A firm that takes time to answer these questions is one worth considering.

Understanding attorney fees and billing

Law firms charge in different ways. Some bill by the hour—you pay for the time the attorney and their staff spend on your case. Others charge a flat fee for a specific service, like drafting a will or setting up a trust. Some use a combination, or charge a retainer (an upfront amount you pay, against which work is billed).

Before you hire an attorney, ask for a written explanation of fees. This should tell you the hourly rate (if applicable), what services are included, what costs extra, and how often you will be billed. Understanding the cost structure upfront prevents surprises later.

What to bring to a consultation

If you schedule a meeting with an attorney at Smith & Haskell or any elder law firm, bring documents that relate to your concern. For estate planning, that might include existing wills, trusts, or beneficiary designations. For Medicaid planning, bring information about income, assets, and any long-term care needs. For guardianship matters, bring court documents or medical records relevant to the situation.

Write down your questions beforehand so you do not forget them during the meeting. Bring a notebook or phone to take notes on what the attorney tells you. If you feel overwhelmed, you can ask if you can bring a family member or trusted friend to the consultation.

How to verify the firm's credentials

South Carolina attorneys must be licensed by the South Carolina Bar. You can search the Bar's website to confirm that an attorney is in good standing and to check for any disciplinary history. The Bar website also lists the attorney's areas of practice.

Some attorneys hold additional credentials in elder law. The National Elder Law Foundation offers a certification in elder law, though not all may have access to elder law attorneys hold it. Ask whether the attorneys at the firm have any specialized training or certification in the areas you need help with.

When to seek elder law counsel

People often wait too long to talk to an elder law attorney. The best time to plan is before a crisis—before you have a health event, before you need long-term care, before family conflict arises. If you are in your 50s or 60s and have not updated your will or set up a power of attorney, now is a reasonable time to consider it.

You should also seek counsel if you are facing a specific situation: a diagnosis that may require long-term care, a family member who needs a guardian, a significant change in your finances, or conflict with family members over decisions. An attorney can help you understand your options and put plans in place.

Frequently Asked Questions

How much does it cost to hire an elder law attorney?

Costs vary widely depending on the service and the firm's billing method. A simple will might cost a few hundred dollars; Medicaid planning or guardianship proceedings can cost more. Ask the firm for an estimate based on your specific needs before you hire them.

Do I need an attorney to write a will or set up a power of attorney?

You can create some documents yourself using online templates or books, but an attorney can make sure the documents are valid under South Carolina law and tailored to your situation. An attorney can also spot issues you might miss and answer questions about how documents work together.

What is the difference between a will and a trust?

A will is a document that says who gets your property after you die; it goes through probate court. A trust is a legal arrangement where you transfer property into a trust during your lifetime, and a trustee manages it for beneficiaries. Trusts can avoid probate and offer privacy. An attorney can explain which makes sense for your situation.

Can an attorney help if my family disagrees about my care or finances?

Yes. An attorney can help you set up documents that make your wishes clear, reducing the chance of conflict later. If conflict already exists, an attorney can represent you in court or help mediate between family members. Some situations may benefit from a family meeting with a mediator rather than litigation.

How do I know if I need Medicaid planning?

If you think you might need long-term care (nursing home, assisted living, or home care) and you are concerned about how to pay for it, Medicaid planning is worth exploring. An attorney can review your assets and income and explain whether Medicaid planning strategies might help you preserve resources for your family.