how to choose an elder law attorney

How to Choose an Elder Law Attorney

• Make sure that the attorney practices Elder Law. An estate planning attorney traditionally deals with how to distribute your wealth after you have passed away. ...
• Friends and other professionals are a very good source of information. Tap into these resources and find out who they recommend. ...
• Go to the law firm’s website and read the information about the attorney. ...

Full Answer

What information should I bring to the initial elder law consultation?

Fully informed, open communication will result in the best outcome for estate planning services, long term care planning, and asset protection. Information to bring:

What is legal aid?

In many areas, there are branches of the Legal Services Corporation (also known as “Legal Aid”), which specializes in assisting low-income persons with legal issues.

What is board certification in law?

Attorneys can pursue Board Certification as well, which evaluates and certifies their exceptional skills, ethics and proficiency in specific areas of the law. State Bar Associations also feature special committees and sections composed of attorneys who study and report on certain legal topics. “Any attorney in a leadership position of an elder law section or committee has essentially been given a stamp of approval by their fellow attorneys,” Heiser advises. “This generally indicates professionalism and expertise in that field.”

What to bring to an estate planning appointment?

Once you have arranged an appointment, be sure to bring all information necessary to get the most out of the time with your attorney. Fully informed, open communication will result in the best outcome for estate planning services, long term care planning, and asset protection. Information to bring: 1 Bank and investment account statments including joint accounts 2 Retirement statements including pensions, IRAs and 401 (k)s 3 Mortgage and property tax statements 4 Debt summaries 5 Asset summaries including vehicles, significant posessions, pre-paid funeral plans, and/or expected inheritance 6 Life insurance policies 7 Health insurance policies, including long term care or disability policies 8 Income sources of self and spouse 9 Dependent information 10 Prior estate planning documents including wills, trusts, POA

Do attorneys charge hourly?

Some attorneys will charge clients hourly, while others will charge a flat rate for certain tasks or documents. It is important to know this up front in order to make sure you are comfortable with the arrangements. “A flat rate might appear a bit high at first,” Smith admits, “but you will not be nickel-and-dimed for every five-minute phone call you make.” The objective and scope of work should be well defined (what is included and what is not?), and terms should be clear in case you wish to terminate the agreement.

Do people realize the degree of specialization that exists among attorneys?

“Many people do not realize the degree of specialization that exists among attorneys,” Heiser notes. “You want to make sure that the attorney you hire matches your particular area (s) of concern.”

Does your practice specialize in a particular area of elder law?

Elder law specialists focus on legal and financial issues that frequently affect seniors and their families. This includes wills, trusts, surrogate decision-making (guardianship, conservatorship and powers of attorney), legal incapacity, living wills, public benefits planning (Medicare, Medicaid, SSI and SSDI), long-term care options, and insurance. Knowledge of the tax implications of these matters is also important. Ask the attorney you are considering hiring if they have experience in the area that specifically matches your needs.

Why Hire an Elder Law Attorney?

The scope and complexity of issues faced by seniors and family members, especially when it comes to planning for the future, can be daunting and confusing. An elder law attorney can relieve family stress in the decision making process and provide a sense of relief that the senior’s affairs are in order.

How to Choose an Elder Law Attorney

When considering retaining an elder law attorney, Paul suggests checking out their website. “See if it is obvious they have extensive experience in elder law,” he says. Paul also suggests asking family, friends, or trusted professionals for a referral.

Who Should Hire An Elder Law Attorney?

Under California law, elder law is a broad term that encompasses many different legal areas. These areas will revolve around senior legal services. Those who require assistance with legal matters surrounding or on behalf of an older person should consider hiring an elder law attorney.

What a Qualified Elder Law Attorney Should be able to Assist You With

An elder law attorney can help you with a multitude of legal issues that may be worrying you. Most elder law attorneys are incredibly knowledgeable in all legal areas that are specific to the elderly population. If you would like to learn about a few of the various ways an elder law attorney can assist you, then have a look at the brief list below.

The Important Questions to Ask an Elder Law Attorney Before Choosing One

It’s crucial to ask a few important questions before you choose to hire an elder law attorney. You want to be sure an attorney can adequately assist you with the senior legal issues you may have.

Get in Touch with a California Elder Law Attorney Today to Discuss Your Estate and Affairs

Elder law legal issues can be incredibly complex matters that often require a qualified elder law attorney’s services. It’s crucial you find an elder law attorney that can help you and that you feel comfortable with as you will likely be working with them for a long time.

Do all attorneys have the same bedside manner?

Not all attorneys have the same “bedside manner.”. Some are very gregarious and seem to spend more time socializing than practicing law. Some are very analytical and can come off “cold and distant.”. Some are “business persons” who seem to sell a “solution for your problem.”.

Do elder law attorneys give free appointments?

The problem with that advice is that the best elder law attorneys do not give free appointments. They do not have time on their hands, their calendars are often full weeks in advance. And, in point of fact, family members dealing with an urgent matter don’t have time to take off from work and go see two or three attorneys.

Do elder law attorneys handle all matters?

The point is not all elder law attorneys handle all matters. 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. While such tips are very valuable, the attorney may have met their needs but will not meet yours.

What can an elder law attorney do?

An elder law attorney can help with common legal issues older people face, including: Disability planning, including creating financial and medical powers of attorney. Establishing guardianships and conservatorships if the senior is not legally capable of granting a power of attorney.

What is the National Academy of Elder Law Attorneys?

The National Academy of Elder Law Attorneys (NAELA) is an excellent resource. Attorneys who are members of NAELA endorse aspirational standards for excellence in practice, and are generally up to date with important developments in elder law.

Can a person who has lived independently for decades live on their own?

Adults who have lived independently for decades may become mentally or physically unable to live on their own. Living arrangements may need to change for the senior’s own safety.

How to find an elder care attorney?

It can be difficult to find an elder care attorney you trust. Asking family or friends with similar concerns as your own is a good place to start. References can also come from financial advisors, accountants, or fiduciaries (money managers). If you know and trust one of these professionals, ask them for a referral.

How to check if an elder care lawyer is licensed?

Most State Bar Associations maintain a website where you can check an elder care lawyer’s name or bar number to make sure they’re licensed to practice law. You can also see which attorneys have associations with specialized consortiums, like ElderCounsel or the National Academy of Elder Law Attorneys, Inc. Lastly, the state website should tell you whether the lawyer has ever been disciplined.

What to do if you can't find an elder lawyer?

If you can’t find an “elder lawyer” by name, look for a lawyer experienced in elder law. A short initial meeting with most lawyers is often free, but be sure to ask if there is a charge. It is important to find out what their fee schedule is before engaging an attorney.

What does an elder attorney do?

Elder attorneys focus on areas like estate planning, power of attorney, and long-term care for seniors. They help with wills, trusts, guardianship, legal incapacity, living wills, public benefits planning (Medicare, Medicaid, SSI and SSDI), and insurance. Knowing how these matters impact taxes is also critical to their services.

What is legal aid?

Legal Aid organizations specialize in providing legal help for senior citizens who are low-income.

Do attorneys charge flat fees?

Some attorneys will charge clients hourly rates while others will charge a flat rate for certain tasks or documents. It is important to know this right away. Your goals need to be well defined. Be sure to find out how to legally end the agreement (should you need to) as well.

What to know before hiring an elder law attorney?

Before you hire an elder law attorney, the National Academy of Elder Law Attorneys (NAELA) recommends first making sure you’re facing a legal matter that requires an elder law attorney’s expertise. If you’re unsure, consult your financial advisor, estate planning attorney or other legal professionals who can help you decide whether you may benefit from hiring an elder law attorney.

What Is an Elder Law Attorney?

Elder law attorneys speciali ze in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation.

How Much Do Elder Law Attorneys Charge?

For conventional estate planning documents alone, the fee could range from a few hundred dollars to a few thousand dollars, depending on the complexity of the estate, says Johns.

What is elder law?

Elder law attorneys help seniors or their family caregivers with legal issues and planning related to aging. Elder law attorneys often assist with tax planning, disability planning, probate and administration of an estate, nursing home placement and many other legal issues. Most elder law attorneys also have professional relationships with social workers, geriatric care managers and other professionals who can assist with additional needs associated with aging.

What is the requirement for an elder law attorney?

A Certified Elder Law Attorney must meet licensing and other requirements, including specific experience in elder law matters and continuing education in elder law. However, if an elder law attorney doesn’t have the CELA certification, they may still be just as experienced or skilled as a Certified Elder Law Attorney.

What to ask an elder law attorney before hiring?

Before hiring an elder law attorney, ask about—and make sure you understand—the fee for the first meeting and subsequent meetings and legal services. Ask about the attorney’s areas of expertise and specialization and whether the attorney is board-certified in elder and special needs law. Also ask if the elder law attorney has any warnings, reprimands, disbarments or sanctions against them in your state or other states.

How much does a probate attorney charge per hour?

Probate of wills and decedent’s estate administration: $250 to $350 an hour, although the rate would be less—$100 to $150 an hour—if the work is performed by paralegals with attorney supervision