how to find a good elder care attorney

by Burdette Braun 5 min read

  • 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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Full Answer

What do you need to know about being an elder lawyer?

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.

Do elder law attorneys provide Medicaid planning services?

Aug 13, 2018 · The most effective way to locate a qualified, elder law attorney is through a recommendation from a family member, friend, or an attorney you have consulted before and trust. The AARP (http://www.aarp.org/legalsolutions) and the state bar association (www.hg.org) offer impartial attorney recommendations.

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

Tips for Finding the Best Elder Care Lawyer Near You Even if you receive one or more referrals, you still have to vet every attorney that lands on your shortlist of candidates. Tip #1: Free Case Evaluation This is an important tip for several reasons.

What to look for when hiring an attorney for an older adult?

May 07, 2014 · One way to find an elder care attorney would be to ask around among your family members, friends, and colleagues that you trust. When you get a recommendation from someone that you know well, you can be reasonably sure that the attorney that is being endorsed is going to provide you with effective legal counsel.

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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.

How to choose an elder law attorney?

While calling potential Elder Law attorneys, you should ask standardized questions in order to choose the attorney who is right for you. It is important that the attorney’s background demonstrate a focus in and concentration on elder law issues. Also, be aware of the fact that not all Elder Law attorneys specialize in the same areas. Be sure that the attorney has experience with the specific legal issue that you need help with. Before hiring an attorney, ask the following questions: 1 How long has the attorney been in practice? 2 What percentage of his/her practice is devoted to elder law? 3 What is his/her area of emphasis? 4 How long has he/she been in this particular field? 5 What is the fee for the initial consultation? 6 What information should you bring to your first meeting?

Why do you ask questions when calling an elder law attorney?

While calling potential Elder Law attorneys, you should ask standardized questions in order to choose the attorney who is right for you.

Do elder law attorneys need to pay attention to tax consequences?

For instance, elder law attorneys are aware of the necessity to pay close attention to the tax consequences of any legal action. They will advise clients to seek the assistance of a tax professional should that be necessary.

What Are the Risk Factors for Nursing Home Abuse?

Seniors, in general, are vulnerable to a wide variety of abusive acts ranging from battery to Ponzi schemes. However, certain factors make some nursing home residents more vulnerable to abuse than the other residents at the same facility.

How to Find the Right Elder Care Lawyer Near You

Finding the right elder care lawyer for you or a loved one is a critical step in getting compensation for nursing home abuse. Most elder care facilities have experienced legal representation that is no match for someone who does not have the legal credentials to litigate a nursing home abuse case.

Tips for Finding the Best Elder Care Lawyer Near You

Even if you receive one or more referrals, you still have to vet every attorney that lands on your shortlist of candidates.

Schedule a Free Case Evaluation

The team of elder care lawyers at our Orlando, Florida office recently won a settlement for a client that far exceeded the pre-trial offer made by the nursing home. Our client won a settlement of $375,000 for nursing home abuse while the facility offered a pre-trial payment of $500.

How to find an elder care attorney?

One way to find an elder care attorney would be to ask around among your family members, friends, and colleagues that you trust. When you get a recommendation from someone that you know well, you can be reasonably sure that the attorney that is being endorsed is going to provide you with effective legal counsel.

What is elder care?

Elder care attorneys assist clients who want to address the eventualities of aging. Indeed, there are a number of different contingencies that you may face when you reach an advanced age. You should certainly be aware of them so that you can take the right steps to prepare yourself.

Does Medi-Cal pay for long term care?

Medi-Cal is a government health insurance program that will pay for long-term care, and it is the solution for many. However, because it is a need-based program, you must act in an informed manner to prepare yourself optimally from a financial perspective.

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 ...

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

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.

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 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 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.

How long does it take for Medicaid to pay for long term care?

Medicaid attorneys and specialists also assist with crisis planning, which occurs when a senior needs Medicaid benefits within 30-60 days.

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 successful are elder care attorneys?

The most successful elder care attorneys are mindful that older Americans, or clients with special needs, may have very different needs than younger clients. Accessibility is at the heart of an elder law practice. Attorneys in elder law and those deciding to become a special needs attorney, must be prepared to meet clients where they are. Many attorneys visit clients at home, in hospitals or nursing homes, or in assisted living facilities. Even if a client is able to meet at an attorney’s office, the client may need special accommodations such as wheelchair accessibility and handicapped parking.

What is elder law attorney?

They may also require information or assistance with proactive planning. In these respects, the elder law attorney very closely resembles an estate planning attorney; sometimes, they are one and the same. After the initial interview, an attorney can assess the client’s objectives in terms of estate distribution and employ various techniques to ensure that the client’s estate is handled smoothly after death.

What is elder law?

These include, but are not limited to, estate planning, powers of attorney, guardianship/conservatorship and administration, assisted living community contracts and disputes, nursing home care, pension entitlements, reverse mortgages, elder abuse, age discrimination, medicaid planning strategies and government benefits and services.

What is the National Center for Elder Abuse?

The National Center for Elder Abuse “provides the latest information regarding research, training, best practices, news, and resources on elder abuse, neglect, and exploitation to professionals and the public.”.

What is the NAELA affiliate?

NAELA’s affiliate, the National Elder Law Foundation (NELF), is the only nationwide organization approved by the American Bar Association to certify practitioners of elder and special needs law. Elder care attorneys must meet rigorous practice standards and pass a written exam to receive certification.

How many people are considered elders in 2060?

Some figures project this population to reach approximately 98 million by 2060.

What is the journal of elder law?

The journal touches on a wide range of developing topics in the practice area, such as the increased occurrence of financial exploitation against elders in the digital age. Many legal publishers also produce materials specific to the practice of elder law.

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