Can an online legal documents service, such as LegalZoom.com, be relied upon for providing legal advice to make a proper Last Will and Testament, Trust, or Power of Attorney?
Elder Law and estate planning contain many nuances and technical points of law that cover a broad range of issues – even if a person does not have substantial assets. LegalZoom’s website provides that a licensed attorney should be consulted “if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools”. LegalZoom’s disclaimer, on its website, goes on to provide that “LegalZoom, its Services, and its forms or templates are not a substitute for the advice or services of an attorney. [B]ecause the law changes rapidly, LegalZoom cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind LegalZoom provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date.”
While legal websites can provide self-help services with your specific direction, they do not apply the law to the facts of a particular situation and are not accountable for the correctness or completeness of the information. An attorney experienced in this area of law can help avoid a costly mistake which may not be discovered until a family crisis develops. A qualified attorney stays attuned to current developments in the law to assure that an estate plan is drafted to reflect the current law in your jurisdiction, that it meets the client’s objectives and is the plan best suited to meet those needs. The attorney also makes sure that legal formalities are followed when the documents are executed.
Having a relationship with a good elder law and estate planning attorney allows you to turn to a trusted adviser for guidance when faced with important lifetime decisions, and assets are more likely to be protected from taxes, court fees, attorney’s fees and long-term care expenses.
