what is the cost of an elder law attorney

It depends, as each person’s needs are different. For these services, attorneys typically charge between $3,000 to $10,000 to assist clients. Our attorneys are experienced in elder law matters, and we charge either an hourly rate of $400 for court cases or a flat fee starting at $500 for estate planning documents.

Full Answer

How much does an elder law attorney cost?

The firm charges $500 for an initial, in-person consultation. The client has no commitment to pay anything beyond that unless the firm and the client agree on what work needs to be done and what the charge will be.

What do elder law attorneys charge for their services?

Mar 22, 2022 · 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.

Who needs to hire an elder law attorney?

Again, take into consideration the experience and expertise of the attorney you are considering. It's no bargain if you saved $1,000 in legal fees if a less-than-optimal document or plan winds up costing you $10,000 several years from now! K. Gabriel Heiser is an attorney with over 25 years experience in elder law and estate planning.

When should one consider hiring an elder law attorney?

Jan 25, 2018 · The state of California imposes set fees for probate work established by statute, based on the gross value of the estate. The attorney’s fee schedule is as follows: 4% of the first $100,000 of the probate estate’s gross value 3% of the next $100,000 2% of the next $800,000 1% of the next $9 million 5% of the next $15 million

What are the legal issues elder law attorneys handle?

Those issues typically include estate planning, Medicare and Medi-Cal coverage for long-term care, administration of estates for adults, trust matters, and probate matters.

What is elder law?

That basically means we can help you create a plan ahead of time that specifies how you want your property to be distributed after your death. When it comes to estate planning for seniors, that plan can also include care instructions in the event you become disabled or incapacitated in some way. You can also use this planning for long-term care and retirement.

What are court fees and personal representative fees?

Depending on the type of property in the estate, there could also be various fees such as postage for mailing notices and other documents, the cost of insuring and storing personal property, shipping or moving personal property.

Can an attorney be paid for probate?

However, subject to court approval, an attorney can be paid additional fees for “extraordinary” services. In addition to the fees paid to the attorneys, there may also be other fees required during the probate process. Those additional fees may include court fees, fees for the services of a personal representative, accounting fees, ...

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What Is an Elder Law Attorney?

Elder law attorneys specialize 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.

When Do You Need an Elder Law Attorney?

As you age, the legal issues that you, your spouse or your family caregivers face can change. For example, it’s important to have durable powers of attorney for financial and health needs in case you or your spouse becomes incapacitated.

What Can an Elder Law Attorney Do for You?

Elder law attorneys can help with a long list of legal matters seniors often face, including:

How Much Do Elder Law Attorneys Charge?

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.

Tips for Finding the Best Elder Law Attorney for You

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.

Sources

Questions and Answers When Looking for an Elder Law and Special Needs Planning Attorney. National Academy of Elder Law Attorneys. Accessed September 9/22/2021.

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.

What does "one wrong word" mean in elder law?

One wrong word or move can mean the difference between a good result and disaster should you become incapacitated or if other unexpected issues should occur in your senior years.

Can a will be a personal representative?

These laws control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney-in-fact under a power of attorney.

Do elder law attorneys charge by the hour?

Many elder law attorneys charge by the hour so you'd only have to pay for their time to deal with the specific issues that are of concern to you. Others offer "package deals.". They'll provide various services under the umbrella of one fee.

Is elder law the same as estate law?

Elder law isn't the same thing as estate law , although they cover some of the same issues. Elder law addresses your finances and property in such a way as to best provide for you and your family while you're still alive.

Can you set up a revocable living trust for someone else?

For example, a revocable living trust can be set up for someone else to take over management of your assets if a time comes when you can no longer do so yourself. An elder law attorney can explain these options to you so you can have a plan in place for such an eventuality.