where to find a good elder care attorney

Search NELF or NAELA to find a certified elder care attorney in your city or state. You can also visit NAELA for more information about elder law attorneys. As you search, remember that you’re looking for an impartial person who will keep your loved one’s best interests at heart.

Full Answer

When should one consider hiring an elder law attorney?

• You're in a second (or later) marriage
• You own one or more businesses
• You own real estate in more than one state
• You have a disabled family member or you've become disabled
• You have minor children
• You have "problem" children
• You don't have any children
• You want to leave some or all of your estate to charity

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Who needs to hire an elder law attorney?

You might also need an elder law attorney to help you transfer assets if you or your spouse move into a nursing home to avoid spending your life savings on long-term care. Healthy people over 65 are in the best spot to do more than having estate planning documents prepared.

What all attorneys should know about elder law?

Elder law attorneys can advise regarding such issues as Continuing Care Retirement Community contracts, Family Agreements and also special rules that help for those who would go on Medicaid. Both could develop plans collaboratively that continue to be modified over time. This is just a beginning only limited by creative imagination.

What questions should I Ask an elder law attorney?

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 to choose an elder law attorney?

While calling potential Elder Law attorneys, you should ask standardized questions in order to choose the attorney who is right for you. It is important that the attorney’s background demonstrate a focus in and concentration on elder law issues. Also, be aware of the fact that not all Elder Law attorneys specialize in the same areas. Be sure that the attorney has experience with the specific legal issue that you need help with. Before hiring an attorney, ask the following questions: 1 How long has the attorney been in practice? 2 What percentage of his/her practice is devoted to elder law? 3 What is his/her area of emphasis? 4 How long has he/she been in this particular field? 5 What is the fee for the initial consultation? 6 What information should you bring to your first meeting?

Why do you ask questions when calling an elder law attorney?

While calling potential Elder Law attorneys, you should ask standardized questions in order to choose the attorney who is right for you.

Do elder law attorneys need to pay attention to tax consequences?

For instance, elder law attorneys are aware of the necessity to pay close attention to the tax consequences of any legal action. They will advise clients to seek the assistance of a tax professional should that be necessary.

What information should I bring to the initial elder law consultation?

Fully informed, open communication will result in the best outcome for estate planning services, long term care planning, and asset protection. Information to bring:

What to bring to an estate planning appointment?

Once you have arranged an appointment, be sure to bring all information necessary to get the most out of the time with your attorney. Fully informed, open communication will result in the best outcome for estate planning services, long term care planning, and asset protection. Information to bring: 1 Bank and investment account statments including joint accounts 2 Retirement statements including pensions, IRAs and 401 (k)s 3 Mortgage and property tax statements 4 Debt summaries 5 Asset summaries including vehicles, significant posessions, pre-paid funeral plans, and/or expected inheritance 6 Life insurance policies 7 Health insurance policies, including long term care or disability policies 8 Income sources of self and spouse 9 Dependent information 10 Prior estate planning documents including wills, trusts, POA

What is legal aid?

In many areas, there are branches of the Legal Services Corporation (also known as “Legal Aid”), which specializes in assisting low-income persons with legal issues.

Do attorneys charge hourly?

Some attorneys will charge clients hourly, while others will charge a flat rate for certain tasks or documents. It is important to know this up front in order to make sure you are comfortable with the arrangements. “A flat rate might appear a bit high at first,” Smith admits, “but you will not be nickel-and-dimed for every five-minute phone call you make.” The objective and scope of work should be well defined (what is included and what is not?), and terms should be clear in case you wish to terminate the agreement.

Do people realize the degree of specialization that exists among attorneys?

“Many people do not realize the degree of specialization that exists among attorneys,” Heiser notes. “You want to make sure that the attorney you hire matches your particular area (s) of concern.”

Does the VA have legal services?

Finally, if you are a veteran, the VA hosts free legal service clinics in VA facilities across the country. You can find complete information on these clinics here. Other organizations (such as the National Veterans Legal Services Program) that are not affiliated with the VA also specialize in assisting veterans with their legal problems for a reduced fee.

Does your practice specialize in a particular area of elder law?

Elder law specialists focus on legal and financial issues that frequently affect seniors and their families. This includes wills, trusts, surrogate decision-making (guardianship, conservatorship and powers of attorney), legal incapacity, living wills, public benefits planning (Medicare, Medicaid, SSI and SSDI), long-term care options, and insurance. Knowledge of the tax implications of these matters is also important. Ask the attorney you are considering hiring if they have experience in the area that specifically matches your needs.

How to find an elder care attorney?

Search NELF or NAELA to find a certified elder care attorney in your city or state. You can also visit NAELA for more information about elder law attorneys. As you search, remember that you’re looking for an impartial person who will keep your loved one’s best interests at heart.

What is elder law?

According to the National Academy of Elder Law Attorneys, elder law encompasses many fields of law, with elder law attorneys specializing in numerous areas, which can include: Administration and management of estates and trusts. Elder abuse and fraud. Estate planning, probate, trusts, wills and other financial documents.

What are the challenges of elder care?

If you care for a parent, spouse, or aging loved one, you’re aware of the challenges people face as they age — health care, housing, financial well-being, and long-term care come to mind. Though these issues can feel overwhelming, an elder care attorney is specially trained to navigate the complex waters of aging, so you can devote your time to your loved one instead.

What to do if you have no durable power of attorney?

If there is no durable power attorney in place to allow an appointed person to make financial or decisions about your loved one if he or she becomes incapacitated, an elder law attorney can work with you and your loved one to prepare the documents.

What happens if you don't have a power of attorney?

If your family member becomes incapacitated and did not set up a durable power of attorney, an elder lawyer can help begin guardianship proceedings to allow you or another guardian to handle your loved one’s personal and financial affairs.

Do you have to be a certified elder law attorney?

However, a certified elder law attorney (CELA) must have practiced elder law for a certain number of hours each week for a specific number of years and participated in a required number of hours of continuing education, ...

Can a loved one's estate go through probate?

It’s understandable that your loved one wants to make sure their estate goes where they want it to, like to relatives or organizations they love. Without proper estate planning, your loved one’s assets can go through probate, which can be a long process.

What do elder law attorneys do?

What Elder Law Attorneys Do? Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks, which encompasses retirement planning, estate planning, creating wills and durable power ...

How much does it cost to hire an elder care attorney for Medicaid?

After the consultation / planning conference and gathering of the facts and needs, a price for services can be quoted. Medicaid planning fees can range from $3,000 to $12,000.The following factors can all impact the cost the cost of a Medicaid planning engagement. The more complicated the case, the higher the fees.

What is the role of a Medicaid attorney?

On the other hand, Medicaid attorneys often focus more on the legal aspects of Medicaid planning, such as creating Medicaid asset protection trusts or Qualified income trusts, which makes them the better option for this type of assistance.

How to avoid looking back on medicaid?

One such strategy that elder law attorneys can implement is a Medicaid asset protection trust (MAPT). This type of trust not only prevents one from becoming ineligible for Medicaid due to gifting assets (if done prior to the look back period), but it also allows one to protect assets for spouses to ensure they can live independently. Furthermore, MAPTs protect assets, including one’s home, for relatives upon the death of the Medicaid recipient, as assets in this type of trust are protected from Medicaid’s estate recovery program. This means that the state cannot attempt to be reimbursed for long term care costs for which it paid for the Medicaid beneficiary via these assets.

Do elder law attorneys work for Medicaid?

Not all elder law attorneys provide Medicaid planning services and not all Medicaid planners are elder law attorneys. It is important to find a lawyer or non-attorney, professional Medicaid planner that specializes in this area and is familiar with state law.

Is Medicaid planning legal in all 50 states?

Yes, Medicaid planning is legal in all 50 states. However, who can provide Medicaid planning assistance depends on the state and what types of planning services are offered. According to federal rules, Medicaid applicants are able to receive assistance filing Medicaid applications from anyone they choose, as well as hire anyone they choose to represent them in the case of an appeal for denial of benefits. However, it is illegal for persons who are not attorneys to practice law, which can be a grey area. This is because the definition of the practice of law can vary based on the state in which one resides.

Is it necessary to have an attorney for Medicaid?

While this process can be labor intensive and complicated, in most states it is not required that the person providing assistance be an attorney. For this task, a professional Medicaid planner might be better suited, as it is generally more affordable than hiring an attorney.

What to know before hiring an elder law attorney?

Before you hire an elder law attorney, the National Academy of Elder Law Attorneys (NAELA) recommends first making sure you’re facing a legal matter that requires an elder law attorney’s expertise. If you’re unsure, consult your financial advisor, estate planning attorney or other legal professionals who can help you decide whether you may benefit from hiring an elder law attorney.

What to ask an elder law attorney before hiring?

Before hiring an elder law attorney, ask about—and make sure you understand—the fee for the first meeting and subsequent meetings and legal services. 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.

What Is an Elder Law Attorney?

Elder law attorneys speciali ze in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation.

How Much Do Elder Law Attorneys Charge?

For conventional estate planning documents alone, the fee could range from a few hundred dollars to a few thousand dollars, depending on the complexity of the estate, says Johns.

What is elder law?

Elder law attorneys help seniors or their family caregivers with legal issues and planning related to aging. Elder law attorneys often assist with tax planning, disability planning, probate and administration of an estate, nursing home placement and many other legal issues. Most elder law attorneys also have professional relationships with social workers, geriatric care managers and other professionals who can assist with additional needs associated with aging.

What is the requirement for an elder law attorney?

A Certified Elder Law Attorney must meet licensing and other requirements, including specific experience in elder law matters and continuing education in elder law. However, if an elder law attorney doesn’t have the CELA certification, they may still be just as experienced or skilled as a Certified Elder Law Attorney.

How much does a probate attorney charge per hour?

Probate of wills and decedent’s estate administration: $250 to $350 an hour, although the rate would be less—$100 to $150 an hour—if the work is performed by paralegals with attorney supervision