how do i choose an elder care attorney

Here are things you can do to narrow down your choice before calling for an appointment:

1. Do not merely rely upon the recommendation of a friend or co-worker. ...
2. It is a good idea to do your own research on your matter. ...
3. Review the attorney’s website. ...
4. Is the attorney member of an elder law association? ...
5. Is the attorney certified in elder law? ...

More items...

Full Answer

What questions should I Ask an elder law attorney?

Apr 05, 2016 · Contact your local bar association and inquire about elder law attorneys in your area who offer “pro bono” (free) services to low-income clients. Finally, if you are a veteran, the VA hosts free legal service clinics in VA facilities across the country. You can find complete information on these clinics here.

How much does an elder law attorney make?

Nov 20, 2021 · A local elder law attorney can make sure that your older adult has completed all the important legal documents and that they’re compliant with state and local laws. 2 ways to find an elder law attorney. 1. Get a referral from someone you know Getting a referral from family or a friend is a great way to find a lawyer.

What is elder law and how can it help you?

What portion of their practice is dedicated to elder law and related matters? You want to make sure that the attorney you hire is going to have the experience and focus you need to make sure your best interests are protected. Knowledge About Elder Care Resources. The ideal elder law attorney will be well-connected with other care professionals in your area.

What is a certified elder law attorney?

Feb 25, 2022 · Elder law attorneys manager the wide range of legal matters that affect older or disabled people. This includes concerns like care planning, guardianship, retirement, Medicare, taxes, living wills, estate planning, and housing issues among others. This is a new concept to many people, and it’s truly a fairly new category in the legal field.

Why is elder law important?

Having the essential legal documents in place gives you the necessary legal rights to provide the best care for your older adult, now and at the end of life. That’s why it’s so important to find an expert lawyer that you trust to draw up the right documents.

What is elder law?

Elder law is a specialized legal area focused on older adults and their adult children. This legal specialty focuses on specific needs, including: Power of attorney and other important legal documents. Long term care planning and paying for care. Medicare and Medicaid planning.

How can an elder law attorney help seniors?

2 ways an elder law attorney helps seniors and family caregivers. 1. Plan for the future and protect assets. An elder law attorney has the expertise to make recommendations on how to plan for future care needs. They often answer questions like:

How to find an elder law attorney?

2 ways to find an elder law attorney. 1. Get a referral from someone you know. Getting a referral from family or a friend is a great way to find a lawyer.

Specialized Experience

Unlike general practice attorneys, elder law attorneys are deeply familiar with the relationship between estate planning, long-term care planning, Medicaid, Veterans’ Benefits, and retirement planning.

Flat Fees, Not Hourly Billing

A good elder law attorney will not bill you on an hourly basis for estate planning services. Once your attorney knows how much planning is required, he or she should be able to quote you one price that includes drafting your documents and funding your trust (if you decided to execute one).

Questions for Your Elder Law Attorney

When you meet with an elder law attorney, be sure to ask them a few key questions.

Knowledge About Elder Care Resources

The ideal elder law attorney will be well-connected with other care professionals in your area. He or she should be able to direct you to elder care coordinators, social workers, and nursing home directors who can work with your attorney to help you make the best decisions for your long-term care needs.

How to Find an Elder Law Attorney

While finding the ideal estate planning attorney can be difficult, it is certainly not impossible. Here at Alperin Law, our attorneys meet all of these criteria.

Do You Need Help With An Elder Law Issue In Virginia?

If you need to speak with an experienced elder law attorney in Virginia please feel free to contact us online or call our Virginia Beach office directly at 757.490.3500 to schedule your free consultation. We have offices throughout Virginia including Chesapeake, Newport News, Norfolk and Suffolk.

Is elder law the same as estate law?

Elder law isn't the same thing as estate law , although they cover some of the same issues. Elder law addresses your finances and property in such a way as to best provide for you and your family while you're still alive.

Can a will be a personal representative?

These laws control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney-in-fact under a power of attorney.

What is elder law?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

How many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

What is an elder law attorney?

From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.

What do elder law attorneys do?

What Elder Law Attorneys Do? Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks, which encompasses retirement planning, estate planning, creating wills and durable power ...

What is Medicaid asset protection trust?

One such strategy that elder law attorneys can implement is a Medicaid asset protection trust (MAPT). This type of trust not only prevents one from becoming ineligible for Medicaid due to gifting assets ...

What is a Miller Trust?

An option to meet the income limit in this case is a Miller Trust, often referred to as a Qualified Income Trust (QIT). In oversimplified language, income that is over Medicaid’s income limit is put into an irrevocable (meaning it cannot be changed or cancelled) trust to be used for very specific purposes.

How long does Medicaid look back?

The look back period is 5 years in all states except California (Medi-Cal has a 2.5 year look back).

What is a medicaid planner?

For persons who have Medicaid cases that are fairly simple and straightforward, a Medicaid planner, also called a Medicaid specialist or a Medicaid Advisor, might be a good option. Working with a professional Medicaid planner can be a lot more cost efficient than working with a Medicaid attorney.

How does Medicaid annuity work?

This strategy reduces one’s countable assets, while at the same time , protecting some of them for family. Essentially, Medicaid applicants gift approximately half of their “excess” assets (assets over Medicaid’s limit) to their loved ones and then purchase an annuity with the remaining “excess” assets. (An annuity turns countable assets ...

What is the role of a Medicaid attorney?

On the other hand, Medicaid attorneys often focus more on the legal aspects of Medicaid planning, such as creating Medicaid asset protection trusts or Qualified income trusts, which makes them the better option for this type of assistance.