what questions should you ask an elder law attorney

^{Ask Your Elder Law Lawyer These 10 Questions}

1. Can my loved one sign legal documents even with dementia? Can my loved one sign legal documents even with dementia? It depends. (How’s that for a lawyer’s answer?!). ...
2. What are the core planning documents I need? It is important for most people to have these documents. ...
3. What is the single greatest threat to my financial security? ...
4. Are you (the lawyer) a certified specialist? The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or ...
5. Are there dementia-specific provisions for Powers of Attorney? Elder Law Attorneys include many provisions for dementia-specific and long-term care issues not found in typical powers of attorney. ...
Do my documents “ladder” successors or do they make use of co-agents? ...
What is a “Lady Bird deed” and should I have one? ...
How much do you charge? It is absolutely appropriate (I would say necessary) to ask a lawyer how he or she charges before you retain the attorney. ...
What should I do with my original legal documents? Your original legal documents should be kept in a safe, fire-resistant, water-resistant place. ...
How can I carry my health care documents with me?

Full Answer

Why should I consult with an elder law attorney?

Mar 07, 2014 · 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. This type of care is called custodial care. It is the type of care that you would receive in a nursing home or assisted living community.

What are good questions to ask an attorney?

Ask Your Elder Law Lawyer These 10 Questions 1. Can my loved one sign legal documents even with dementia? Can my loved one sign legal documents even with dementia? 2. What are the core planning documents I need? It is important for most people to have these documents. For people... 3. What is the ...

What all attorneys should know about elder law?

Feb 06, 2022 · 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?

Why would I need an elder law 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 should I wear to a lawyer consultation?

The standard attire for meeting with you lawyer should be business casual. Wear dress pants, a nice shirt or top. Women should wear a conservative dress or skirt. ... If you need to refer to a document, pull out what you have and be sure to give it to your attorney.Sep 4, 2019

What is elder law in Florida?

Elder Law is defined as any legal issue involving health and personal care planning for the senior population and their caregivers. ... Another unique component of elder law is disability planning.

What is elder law in New York State?

Lawyers who practice in the in the Elder Law field focus on legal issues you deal with as you grow older. Elder law covers many different areas. First, it covers the planning and writing of documents such as: wills.

Is elder abuse a felony in Florida?

Elder abuse is considered a felony in Florida and carries the following punishments defined in Florida Statute 825.103: First-degree felony: If the victim suffered serious bodily harm or permanent disfigurement, the perpetrator can be punished with up to thirty years in prison.

What type of elder abuse is most common?

neglectQuick Facts About Elder Abuse According to the National Council on Aging (NCOA), elders are more likely to self-report financial exploitation than emotional, physical, and sexual abuse or neglect. According to the NCEA, neglect is the most common type of elder abuse.Mar 4, 2020

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.