what to expect from an elder attorney

An elder law attorney helps you to identify areas where you are vulnerable, assists you in setting goals, and helps you to make effective use of a variety of Ohio legal tools to protect your future.

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What does an elder law attorney do?

Sep 13, 2016 · That’s an excellent question. You should receive at least three benefits from hiring an elder law attorney: First, an explanation of how the rules work regarding Medicaid eligibility, the planning options available to your mother, and the process of being admitted to the facility and applying for benefits.

How do I find a good Elder lawyer?

Nov 10, 2016 · An elder law attorney helps you to identify areas where you are vulnerable, assists you in setting goals, and helps you to make effective use of a variety of Ohio legal tools to protect your future. The sooner you work with an elder law attorney, the more protection you can put in place for your assets and for your loved ones, and the more peace of mind you will have.

How much does it cost to hire an elder lawyer?

By nature, elder law raises some uncomfortable questions and issues. Armed with the above information you’ll be able to have a more personal and meaningful conversation, and show the client that you’re interested in getting to know them and serving their needs. What to …

Can I talk to an elder lawyer on the phone?

Apr 19, 2018 · What to Expect During the Initial Consultation with an Estate Planning/Elder Law Attorney. Attorneys, like other professionals, rely on complete and accurate facts in order to make appropriate recommendations to their clients. No one would expect a doctor to make a diagnosis without running the appropriate tests and a lawyer cannot give proper legal advice …

What kind of info should you request before that first meeting?

Now you may be wondering what kind of information you should request in the form to aid you in a successful first meeting. While basic information including client assets is a given, you should also make sure to introduce some questions that are a bit more personal. Consider asking about grandchildren and hobbies, for example.

What to expect at the meeting

Some of the anxiety around an initial client meeting can be lessened simply by knowing what to expect once the client walks into your office, so let’s consider a likely scenario. Estate planning is often a family affair.

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 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 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.

What is the National Center for Elder Abuse?

The National Center for Elder Abuse “provides the latest information regarding research, training, best practices, news, and resources on elder abuse, neglect, and exploitation to professionals and the public.”.

How successful are elder care attorneys?

The most successful elder care attorneys are mindful that older Americans, or clients with special needs, may have very different needs than younger clients. Accessibility is at the heart of an elder law practice. Attorneys in elder law and those deciding to become a special needs attorney, must be prepared to meet clients where they are. Many attorneys visit clients at home, in hospitals or nursing homes, or in assisted living facilities. Even if a client is able to meet at an attorney’s office, the client may need special accommodations such as wheelchair accessibility and handicapped parking.

Is elder law a multifaceted practice?

Because elder law is truly a multifaceted practice area, education on a variety of topics is absolutely essential. Thankfully, there are numerous practice tools available for those deciding to become an elder law attorney, and to keep elder law practitioners up to speed.

What is elder law?

These include, but are not limited to, estate planning, powers of attorney, guardianship/conservatorship and administration, assisted living community contracts and disputes, nursing home care, pension entitlements, reverse mortgages, elder abuse, age discrimination, medicaid planning strategies and government benefits and services.

What is elder law attorney?

They may also require information or assistance with proactive planning. In these respects, the elder law attorney very closely resembles an estate planning attorney; sometimes, they are one and the same. After the initial interview, an attorney can assess the client’s objectives in terms of estate distribution and employ various techniques to ensure that the client’s estate is handled smoothly after death.

Where do attorneys visit?

Many attorneys visit clients at home, in hospitals or nursing homes, or in assisted living facilities. Even if a client is able to meet at an attorney’s office, the client may need special accommodations such as wheelchair accessibility and handicapped parking.

Does the government finance older Americans?

Currently, government entitlement programs finance a significant portion of healthcare expenditures made by older Americans. These resources are limited and the drastic increase in the older American population in coming years will undoubtedly place more strain on an already burdened system. As such, obtaining the requisite approvals to qualify for government programs can be quite difficult and many clients will benefit from an attorney who is willing to walk them through the process.

What can an elder law attorney do?

An elder law attorney can help determine whether you are eligible for either program, discuss strategies for spending, advise whether it is in your best interest to apply, and help with the application process. Medicaid may be able to serve as a partial funding mechanism even if you have significant resources available.

What is elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other issues facing older adults. Estate planning deals primarily with financial planning for persons of any age and protecting assets when an individual passes away.

What is a caregiver in a long term care facility?

Long-term care facilities also provide care and assistance with the activities of daily living, but the staff is present during the night to respond to issues more quickly.

When does a POA become effective?

The POA can be effective as soon as you sign it or be a “springing” POA in which the rights of a durable POA do not lock into effect until certain requirements are met, such as specific medical diagnoses.

Is long term care insurance good?

Long-term care insurance that can cover care expenses later may have premiums of thousands of dollars per year, and it needs to be purchased when you’re healthy.

What is a POA?

A power of attorney (POA) allows you to nominate another person, called an agent, to make financial or medical decisions on your behalf. In some states, these are separated into a financial POA and a medical POA. You remain in control of who acts on your behalf and what actions your agents can take for you.

What happens when you cross all the I's and T's on a will?

When a person passes, even if all the I’s are dotted and T’s are crossed on wills, there are still more legal affairs that need to be tended to; this is the probate process.