how to find an elder law attorney

by Blair Champlin 9 min read

To find an elder law attorney, search the National Elder Law

Elder law

Elder law is an area of legal practice that specializes on issues that affect the aging population. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options.

Foundation or the National Academy of Elder Law Attorneys database to find a Certified Elder Law Attorney or elder law attorney in your city or state. Ask trusted friends and family members for referrals to a good elder law attorney they’ve hired.

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 the VA have legal services?

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. Other organizations (such as the National Veterans Legal Services Program) that are not affiliated with the VA also specialize in assisting veterans with their legal problems for a reduced fee.

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.

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.

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

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