what questions to ask an elder care 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

What are good questions to ask an 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.

Do I really need to use an eldercare attorney?

Dec 08, 2021 · Questions you should ask an elder care attorney involve estate planning documents, risks to financial security, certification, and more.

What should I ask before hiring an attorney?

Jan 10, 2018 · 10 questions to ask before hiring an elder care attorney. Phil Moeller: Can I introduce you to my kids? Maybe some of your admirable concerns about your parents’ well-being will be a good influence! Phil Moeller: I’m sorry to hear that your dad passed away. However, here’s a little issue that’s ...

When should one consider hiring 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? 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 ...

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 an elder law attorney?

Elder Law Attorneys include many provisions for dementia-specific and long-term care issues not found in typical powers of attorney. For example, one big issue of late is hospitals and nursing homes chasing adult children for their parents’ unpaid bills. The facilities seek the patient’s signature on the admissions agreements but they also want the children’s signatures.

What documents are needed for a living will?

It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.

What is the greatest threat to the finances of people over the age of 50?

The catastrophic cost of long term care is the greatest threat to the finances of people over the age of 50. People with dementia need more care for longer. Most people do not want to think about or plan for what happens when they need extended care. The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods. Ask your lawyer for a referral to an Elder Law specialist unless they are themselves so certified.

What is a Florida bar?

The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or in Criminal Law. Gone are the days of the general practitioner who can handle your Will, your traffic ticket, your divorce and your contracts. Seeing a specialist is safer and usually the same cost.

What is a lady bird deed?

A Lady Bird deed is a special kind of residential real estate deed which allows your property to pass to your children or other heirs immediately upon your death without normal costs, probate and court proceedings. The Lady Bird deed allows you to (1) own your home for the rest of your life; (2) retain your full homestead tax exemption; (3) retain your full homestead creditor protection; (4) where applicable, retain eligibility for Medicaid and other need-based programs; and (5) name beneficiaries of the home very similar to beneficiaries of an insurance policy. Most of my clients benefit from having a Lady Bird deed. My father is the attorney who gave the “ Lady Bird deed ” its name and explained the deed to other lawyers early in the field of Elder Law.

Can you afford long term care?

The fact is that most people will require long-term care and most will either not be able to afford it or will get wiped out by the cost. There are legal and ethical ways of protecting one’s life savings against the cost of care without giving away assets and without waiting out penalty periods.

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 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.

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.

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 ].

What does it mean when an attorney steps outside of his office?

When an attorney steps outside of his daily practice to help educate people about the numerous issues facing the elderly, it not only shows that interest in his career, but also his true dedication to the community at large.

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.