Elder Care Attorneys: 7 Questions to Ask Before You Hire One
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Ask the lawyer A number of questions arise: Can you show the tenant’s demand ... Do you know the expression “no good deed goes unpunished”? Bottom line: Consultation with counsel here also is advisable. Is the tenant’s conduct a breach of the ...
Elder Law is a specialized area of law that involves representing, counseling, and assisting seniors, disabled individuals, and their families in connection with a variety of legal issues, from estate planning to long-term care issues, with emphasis on promoting the highest quality of life.
The main purpose of an elder law attorney is to help aging Americans to legally navigate through the issues of life that arise simply because of age. They can offer legal guidance and counseling on preparing for long-term care, choosing retirement plans, planning and settling your estate and a host of other issues that older Americans may face.
Answer These 7 Questions When You Need Senior CareWhat challenges do seniors face? ... Who is the appropriate person to make decisions about care? ... How much care does the senior require? ... What services do you need? ... How will you finance care? ... Who will provide care? ... How will you monitor care?
Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•
12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•
10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•
Elder financial abuse is something to take quite seriously when you are looking ahead toward the future. Billions of dollars are lost each year to instances of elder financial abuse. There are scam artists, identity thieves and the like who prey on seniors that they do not know. This is certainly part of the problem.
They steal from elders simply because they can. There are legal steps that you can take to mitigate your exposure to elder financial abuse. This is something that you would want to discuss in detail with your elder law attorney. We are grateful you follow us and value your comments and input.
Medicare will not pay for long-term care.
Long-term care can be provided in different ways. People who need comprehensive care will reside in nursing homes. Those who are capable of maintaining a significant amount of independence often thrive in assisted-living communities. Some people can receive the living assistance that they need in their own homes.
Some people can receive the living assistance that they need in their own homes. When you consult with an elder care attorney, you can discuss all of your options and ultimately make an informed decision. 3.)
Elder financial abuse is a big problem in the United States today. When you consult with an elder care attorney, you may want to broach this subject and ask any questions that may come to mind. Unfortunately, a significant percentage of the instances of elder financial abuse that take place are perpetrated by people that are close to the victims.
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.
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.
It is possible that a doctor could already have written a statement of incapacity regarding the person but this is not determinative of legal incapacity. The capacity requirements for each legal document can be different. Your attorney should discuss capacity issues with you and will know the legal requirements. 2.
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 ...
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.
Courts have found that even people in the most advanced stages of dementia can be competent to sign important legal documents. Understand that the medical definition of incapacity is different from the legal definition of incapacity.
Not all elder care lawyers do litigation, and some of those who do charge an extra fee for it. There are also attorneys who don’t litigate in court but have arrangements with fellow lawyers who will go to court for you. Ask any questions you have about the attorney’s accepted practices and make sure they’re acceptable to you.
Not all lawyers make house calls. If this is something you anticipate needing, make sure to ask about it. In any case, house calls probably come with an extra fee. Check it out.
An attorney can prove their prowess in elder law by being certified through the National Elder Law Foundation (NELF). NELF helps attorneys understand the requirements regarding their clients better. To remain certified, your attorney must continue their practice focusing on elder law and do specific amounts of continuing education.
Some attorneys branch out into elder law because they see the growing demand. However, they do not practice exclusively in this area, or they recently opened their practice to that area of the law. Preferably, you want an attorney who has several years of experience.
Some attorneys only focus on specialized areas of elder law such as elder abuse, long-term care, Medicare or Medicaid planning, and Social Security. Inquire about what areas of elder law your attorney practices in to make sure they cover not only the services you need, but also the services you may require in the future.
Every client and every case is unique. You want an attorney that has experience working on similar issues like yours because they are faster at creating a solution than an attorney venturing into unknown waters.
When you meet with an attorney, you should always ask who will be handling the case. The attorney you meet with might represent your case in court, but the back-end work involves a team of professionals such as an accountant, paralegal, secretary, and possibly other attorneys.
Your attorney is a guide through the legal system. You want to know the laws and how they affect you when it comes to areas like Medicaid, Medicare, long-term care planning, nursing home rights, estate planning, asset management, and more.
Your attorney should participate in organizations that influence elder laws and planning. Examples would be: the Special Needs Alliance, local or state agencies involving elder law, and the National Academy of Elder Law Attorneys, Inc.
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.
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.
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.
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.
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.
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.
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.
From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.
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.
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.