how to choose elder care attorney cost

by Adele Becker 8 min read

The cost to hire an elder law attorney depends on which legal services are needed, the city or region in which you live and the level of the attorney’s experience and education in elder law.

How Much Do Elder Law Attorneys Charge?
  1. Guardianship and appointment of a guardian: $350 to $650 an hour.
  2. 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.
Oct 4, 2021

Full Answer

How much do elder law attorneys charge?

There isn’t a clear-cut answer as to the cost of hiring an elder care attorney for Medicaid planning purposes. Some Medicaid lawyers offer free consultations, while others charge an initial consultation fee or offer Medicaid planning conferences that range in cost from approximately $175 – $500.

What do elder law attorneys charge for their services?

In many cases, elder law attorneys will charge an hourly fee for an initial consultation.Any subsequent fees will be based on the type of legal services provided. For example, the fees for probate services are set by state statute, which makes it easy to know what to expect.

What does an elder care attorney really do?

  • Family asset protection planning for long term care. Using legal and ethical planning tools, personalized for each family, they assist families to obtain public benefits, including various types of Medicaid ...
  • Estate planning. ...
  • Guardianship. ...
  • Guardianship advocacy. ...
  • Special needs planning. ...
  • Probate and trust administration. ...

What questions should I Ask an elder care attorney?

  • You should ask how long it will take to resolve your case and what, if any, alternative courses of action there are.
  • You should ask the attorney to explain the advantages and disadvantages of each possibility or outcome for your case.
  • Find out how many attorneys are in the office and if another one of them will be assigned to your case.

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How do elder care attorneys charge?

It should be noted that not all elder care attorneys charge the same amount or even use the same method to calculate their fees. First, there's the traditional method of billing, which is to charge by the hour. Most attorneys charge in 1/10 of an hour increments x their hourly rate. Be aware that although an inexperienced attorney will usually have a lower hourly rate than one who has spent many years concentrating in this area of the law, the inexperienced attorney will undoubtedly take a lot longer to figure out what to do and do it. So the fees may not be much different at the end of your case, and you will have paid for the education of the less experienced lawyer.

What is the advantage of a second billing method?

A second billing method is to charge a flat fee for a given project. The advantage to the client is that she knows up front what the cost will be and does not have to watch the clock as carefully. The advantage to the attorney is that he may be able to be rewarded for efficiency and hopefully be compensated for the many unpaid hours spent crafting effective forms that solve his client's problems.

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An e-mail address is not required. The purpose of this feature is to stimulate discussion and share experiences regarding topics of interest. However, please note these submissions are not reviewed for legal accuracy. They may not apply to your situation and should not be considered legal advice.

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

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 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 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 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.

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

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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 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 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:

Who can work with elder law attorneys?

Similarly, financial advisors, accountants, and fiduciaries (someone legally appointed to manage money) are professionals who often work with elder law attorneys. If you know and trust one of these professionals, ask them for a referral. 2. Check the National Academy of of Elder Law Attorneys.

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.

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 to ask prospective attorneys about power of attorney?

For example, if they need a Power of Attorney, long term care planning, and estate planning, ask prospective attorneys to describe their experience with those matters.

How to remember what each lawyer said?

To help you remember what each lawyer said and how you felt about them, be sure to take notes during and after each meeting.

What to do if you know and trust one of these professionals?

If you know and trust one of these professionals, ask them for a referral.

What is an elder care attorney?

An elder care attorney can help guide family members through the process of obtaining guardianship.

Can an elder care attorney help with out of pocket expenses?

Paying for long-term care out of pocket can be financially draining, but an elder care attorney can help to mitigate those out-of-pocket expenses as well as help with financial planning. Choosing a power of attorney, someone designated as the main authority to help decide how and where money is spent, can be difficult, ...

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