what are the things to discuss with an elder attorney

by Jimmie Ziemann 5 min read

  • How long have you been practicing law?
  • What percentage of your time is devoted to elder law?
  • Do you have a particular emphasis on a certain area within elder law?
  • What information should I prepare for our first meeting?
  • How are your fees computed?

Ask Your Elder Law Lawyer These 10 Questions
  • Can my loved one sign legal documents even with dementia? ...
  • What are the core planning documents I need? ...
  • What is the single greatest threat to my financial security? ...
  • Are you (the lawyer) a certified specialist? ...
  • Are there dementia-specific provisions for Powers of Attorney?

Full Answer

What should I consider when hiring an elder law attorney?

Jan 25, 2022 · The main purpose of an elder law attorney is to help aging Americans to legally navigate through the issues of life that arise simply because of age. They can offer legal guidance and counseling on preparing for long-term care, choosing retirement plans, planning and settling your estate and a host of other issues that older Americans may face.

How do elder law attorneys Bill for their services?

Today, lawyers can demonstrate their specialty in elder law by becoming certified through the National Elder Law Foundation (NELF). The certification was created to educate lawyers on all parts of the law relating to the aging population, and then help them demonstrate this dedication to their clients. Once certified, the attorney must continue focusing on elder law and special …

Are elder law attorneys specialists?

May 17, 2021 · An elder law attorney can help with any one of the following: Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters. Create a durable power of attorney. Provide help with health care and planning, including long term care options, patient rights ...

Do elder law attorneys prepare will and trusts?

Mar 07, 2014 · Let’s look at some of the questions that you should ask your elder law attorney. 1.) What is the most important elder law issue? The most pressing elder law issue of our day is that of long-term care and the expenses that go along with it. Most senior citizens will eventually need help with their activities of daily living.

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How to become an elder law attorney?

According to NELF, some of the requirements for certification include: 1 Being licensed as a lawyer in one or more states 2 Practicing law for five years or more 3 Maintaining a level of excellence of all the bars 4 Demonstrating involvement in practicing elder law 5 Finishing at least 45 hours of continuing education in elder law in the last three years 6 References from five attorneys 7 Passing a certification examination

What are the requirements for a lawyer license?

According to NELF, some of the requirements for certification include: Advertisement. Being licensed as a lawyer in one or more states. Practicing law for five years or more . Maintaining a level of excellence of all the bars. Demonstrating involvement in practicing elder law.

Can elder law help with planning for the future?

Simple situations can rapidly turn into complicated and expensive conundrums without good advice. That's where an elder law attorney can help.

What is the National Academy of Elder Law Attorneys?

One such organization is the National Academy of Elder Law Attorneys, Inc., or NAELA. With more than 4,200 attorney members, NAELA helps its constituency receive the continuing education necessary to stay up-to-date on elder law topics. Another such organization is the Special Needs Alliance.

Does the government make the health care system impenetrable?

State laws vary and change all the time. "The government has made the health care system almost impenetrable," says Goldberg, listing some of the systems many facets including, Medicare, Medicaid, veteran's benefits and various tax laws [source: Goldberg]. "Elder law attorneys can serve as guides through the health care [system]."

What is Medicare and Medicaid?

Medicare is a federal medical insurance program for people over 65 years of age and for younger people with certain disabilities.

What is Medicaid financing?

Take Medicaid for example. Medicaid is a federal program that provides health-care financing to certain people with low incomes. But, the program is managed at the state level, with each state drawing up its own rules and procedures [source: U.S. Department of Health and Human Services ].

How to become an elder law attorney?

An elder law attorney can help with any one of the following: 1 Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters. 2 Create a durable power of attorney. 3 Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care power of attorney. 4 Financial representation: financial planning (including durable financial power of attorney ), housing opportunities and planning, income, estate, and gift tax matters. 5 Guardianship: help with the selection and appointment of a legal guardian. 6 Help locate long term care facilities and manage assisted living cost. 7 Explain nursing home resident rights and help file nursing home claims. 8 Draft a living will or other advance directives, including a durable power of attorney and long term planning documents.

Why are elder law attorneys considered specialists?

In many ways, elder law attorneys are "specialists" because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults.

What is elder law?

Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters. In many ways, elder law attorneys are "specialists" because of their focus on the needs ...

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 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.

Introductory Call

The introductory call is designed as a brief chat so someone from the office can explain how elder law consultations work. During this five- or ten-minute phone call, we will discuss what to expect in a consultation, what sort of information is needed for the consultation, and how to get started.

Initial Consultation

Consultations can be held on the phone, by means of an online meeting, or in person at McCreary Law Office. Before the consultation, the office will send you a link to an online form for you to complete before we meet. This form will require a lot of specific information.

Moving Forward

The next steps will depend on each client’s individual situation. If your elder law needs include the need for more planning, you might meet a second or third time with Jana to discuss those details. Often the office will also send you additional forms to gather more details that will be used for your case.

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