what questions should i ask an elder law attorney

by Kian Schimmel 5 min read

Why should I consult with an elder law attorney?

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.

What are good questions to ask an attorney?

Jul 08, 2014 · You should certainly ask your elder law attorney about the out-of-pocket expenses that you may face even if you have Medicare coverage. In addition to the out-of-pocket expenses for covered care and treatment, there is a huge gap.

What all attorneys should know about elder law?

Oct 09, 2014 · If you have no other question for your elder law attorney, you should certainly ask about long-term care expenses and how you may be able to address them. Many people don’t understand why elder law issues are relevant to them until …

Why would I need an elder law attorney?

Feb 06, 2014 · Elder law attorneys focus on the legal issues that seniors face. Most of these issues typically arise during these twilight years. Most of these issues typically arise during these twilight years. If you want to be comprehensively prepared for the future, you should certainly consult with an elder law attorney.

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1. What Does an Elder Law Attorney Do?

Elder Law is a specialized field of law that addresses the unique legal issues affecting older adults as they age. Elder Law encompasses estate planning, asset protection, special needs planning, Medicaid planning and applications, probate and estate administration, guardianship proceedings, and, at Cona Elder law, estate litigation.

2. When Should I Hire an Elder Law Attorney?

The earlier the better! For asset protection purposes, the current look-back period is five years for institutional Medicaid. That means you need to take action to protect assets, such as by placing your home or other assets into an irrevocable trust five years before a health care crisis occurs.

3. How Can an Elder Law Attorney Help Me?

An Elder Law attorney will help you and your family members determine how you will pay for long term care. In New York, a home health aide, assisted living or nursing home typically costs $5,000 – $20,000 per month. Without long term care planning, a family’s assets can be wiped out in short order. That’s where our law firm comes in.

4. What is the Average Cost for an Elder Law Attorney on Long Island?

The cost of an Elder Law attorney varies based upon the type of work. Certain types of legal work may be billed on an hourly basis while other types of work may be billed on a fixed or flat fee basis.

5. How Can an Elder Law Attorney Help Protect my Assets?

Asset protection is one of the most important areas of our practice. After reviewing an individual’s assets, circumstances and wishes, we will discuss all the options available to our clients, weighing the risks and the pros and cons.

6. What is the Difference Between Medicare and Medicaid?

Medicare is the country’s health insurance program for people age 65 and older, regardless of their financial situation or their health status. Medicare is a short-term payor and covers doctors, hospital visits and very limited stays in sub-acute rehabilitation facilities.

7. When Should I Start Medicaid Planning?

The earlier the better! The earlier you start Medicaid planning, the more likely you are to make it through the entire look-back period and therefore will be able to preserve all the assets you put into an irrevocable trust. If a health crisis occurs, you may have to break the trust and spend down one-half of your assets.

What is elder law?

Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care. We also help with decision-making documents and provide guidance on other legal issues for seniors ...

How much is the estate tax exemption?

The new U.S. estate tax exemption now is $11.18 million per person , and a couple is entitled to a $22.36 million exemption. That’s a significant amount of money a person may leave without paying estate taxes on the federal side.

Who is Beth Lueders?

An award-winning journalist who has documented stories in nearly 20 countries, Beth Lueders is an author, writer and speaker who frequently reports on diverse topics, including aging and health issues for both U.S. and international corporations. We were unable to load Disqus.

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 ].

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