what to ask an elder law attorney

by Mr. Myles Adams II 10 min read

Ask about the attorney’s areas of expertise and specialization and whether the attorney is board-certified in elder and special needs law. Also ask if the elder law attorney has any warnings, reprimands, disbarments or sanctions against them in your state or other states. Sources

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What questions should you ask your attorney?

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...

What are 3 questions you should ask a lawyer before hiring?

Five Questions You Should Ask:Will you be the attorney personally handling my case?Will you take the case all the way to trial if necessary?What results have you obtained in the past for cases like mine?Can I call or email you directly with questions I have about my case?More items...

What is the hardest question to ask a lawyer?

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...•

What you should know before you talk to a lawyer?

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...•

What is an attorney vs lawyer?

However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.

How do you ask a question like a lawyer?

0:135:25How to ask questions like a lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first secret is that what we're doing we're not really asking questions what we're doing isMoreThe first secret is that what we're doing we're not really asking questions what we're doing is making statements. That sound like questions and those are statements that the witness.

What are some questions an attorney might ask a new client?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?

How do you answer a lawyer question?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What are some questions an attorney might ask a new client?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?

How do you ask a question like a lawyer?

0:135:25How to ask questions like a lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first secret is that what we're doing we're not really asking questions what we're doing isMoreThe first secret is that what we're doing we're not really asking questions what we're doing is making statements. That sound like questions and those are statements that the witness.

How do you answer a lawyer question?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What questions should I ask about law school?

21 Frequently Asked Questions About Law SchoolHow long is law school? ... How much is law school? ... Do I need to take any prerequisites before I apply to law school? ... Are there any entrance exams required for law school? ... How much does it cost to apply to law school? ... What should I be looking for in a law school?More items...•

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.

How long to look back on Medicaid?

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. Since no one knows when a crisis may occur, early planning is key. Certainly the COVID-19 pandemic has shown us that we are all vulnerable. If COVID was not enough of a wake-up call, many people will hire an Elder Law attorney when they are beginning their retirement planning.

When should you revise your estate plan?

Life changes over time and Estate Plans should change as life circumstances change. Revisit your Estate Plan when there are marriages or divorces, births or deaths in the family or major changes in the health care needs of aging loved ones. Laws also change, including tax laws and Medicaid / asset protection laws, of which you may want to take advantage.

What is elder financial abuse?

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.

Why do people steal from elders?

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.

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.

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 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.

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