what should i asj an elder law attorney

What To Ask An Elder Law Attorney

• 1. Why do you practice elder law? ...
• 2. What kind of elder law advocacy organizations do you belong to? ...
• 3. What would your most difficult client say about you? ...
• 4. What kind of informational material can you provide on a case similar to mine? ...
• 5. Why would my case be a good fit for your practice? ...

Full Answer

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 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.

Can you have an elder law attorney?

It should be a big deal to you too. Elder Law Attorneys have specific experience in dementia-specific and health-related legal matters. It can make a very big difference in quality of life. Even if you have another type of attorney as your estate planning lawyer or family lawyer, you can still visit with an Elder Law Attorney ...

Is a power of attorney a form?

A power of attorney is not a form document but instead provides a good lawyer with an opportunity to draft to his or client’s anticipated needs.

Do attorneys charge for consultations?

It is typical for personal injury or trial lawyers to do free consultations. Most successful transactional attorneys (estate planning attorneys, elder law attorneys, etc.) charge a consultation fee. In fact, this may be one way to judge the demand and therefore the reputation of a particular lawyer. If the lawyer is “giving away” his or her time or is charging less than the norm, that may be because they have to do so. Successful lawyers are busy and sometimes more expensive but the difference in fee can often be well worth it even on cases that the client think to be “simple.”

What are the Core Elder Law and Estate Planning Documents I Need?

Planning effectively for your future and the future of your family requires putting together a comprehensive plan addressing long-term care, asset protection, special needs family members, and several other issues . There are a few key documents you and your elder law attorney can put together first, however, to ensure you are covered as soon as possible. Some of these key legal tools include trusts for your benefit and the benefit of specific loved ones, advance health care directives ( living will, health care surrogate designation, anatomical donation directive), durable power of attorney, and perhaps a last will and testament.

Can Someone With Dementia Sign Their Own Documents?

If you are concerned about dementia or Alzheimer’s, either on behalf of yourself or a loved one, it’s important to get your elder care plans set as soon as possible. At a certain point, if dementia has progressed too far, the individual no longer carries the legal capacity to sign documents on their own. That’s part of why it’s important to set up a durable power of attorney; to dictate who will make those decisions in the event that you do lose capacity (or to ensure you can make decisions for your loved one should they lose the capacity to do so).

What can an elder care attorney do?

Elder care attorneys help clients come up with answers to long-term care questions. One way that you can prepare for long-term care expenses would be to purchase long-term care insurance. There are some pros and cons that go along with this course of action, and you can discuss them with your attorney.

What to expect when consulting an elder care attorney?

When you consult with an elder care attorney, you can discuss all of your options and ultimately make an informed decision.

How can an elder law lawyer help you?

When you are young, we can help you ensure that your financial and medical decisions can be taken care of if you are incapacitated by an illness or accident. As you begin your career, marry and have children, we can help you plan for the future, making sure that your assets are protected. We can help you in retirement and with long-term care planning to ensure that the cost of any long-term medical care will not render your family insolvent. We are with you every step of the way.

What is elder law?

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. An Elder Law attorney is your advocate, whether that means securing the most hours of Medicaid home care services, finding creative ways to help you become eligible for government benefits and protect your hard-earned assets for the next generation, minimizing estate taxes, or representing you in court in a family dispute such as a contested guardianship or contested estate.

How long has Cona Elder Law been in business?

The compassionate and experienced Elder Law attorneys at Cona Elder law have been practicing elder law for over 20 years, helping clients just like you find the right solutions for your family. We have helped tens of thousands of clients just like you over the years. But one size does not fit all; every family and every person is different. That is why we create customized trusts, estates and elder law plans for each and every client.

What age do you need advance directives?

Anyone age 18 or older should have Advance Directives. A Power of Attorney, Health Care Proxy and Living Will, collectively known as Advance Directives, allow you to plan ahead in the event of incapacity. These important legal documents allow you to keep control of key financial and health care decisions by making these arrangements in advance and appointing trusted agents to assist you in the future.

What does an elder law attorney do?

Elder law attorneys often work in conjunction with other professionals in various fields to coordinate care, legal protections, and financing. The issues they may tackle include:

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 to get referrals for legal counsel?

Ask for referrals from friends and family who have hired legal counsel to handle similar issues and in similar circumstances. You don’t need to delve into the nitty-gritty details of your friend’s legal affairs, but you will want to ask what matters the attorney helped with and how satisfied your friend was with the level of service.

What happens when a person is unable to make decisions for him or herself?

When a person is unable to make decisions for him or herself, whether it be paying utility bills or choosing a doctor, someone needs to assume responsibility for that individual’s affairs. If no one has the legal authority to act, the court will appoint a legal guardian.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.

What to do before calling an elder law attorney?

Before you ever pick up the phone and call an elder law attorney, it's wise to do some research of your own. This will increase your confidence and comfort level with the topic so that you're able to ask the right questions and know whether you're hearing the correct answers in response.

What is elder law?

Elder law focuses on providing legal services to senior citizens and younger people with special needs, such as early onset Alzheimer's or Crohn's disease, who want to manage their circumstances now and into the future [source: Goldberg ]. The client may also be a person helping a family member or friend in need.

How many attorneys are there in 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. State and local agencies also exist.

What is an aging attorney certification?

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 needs and complete continuing education credits.

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.

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.

When was the National Academy of Elder Law Attorneys established?

The National Academy of Elder Law Attorneys was established in 1987 to help advance the quality of legal services provided to the aging population.