how do i find an elder lawyer

• Find your local Area Agency on Aging. They contract with local attorneys to provide free or reduced-fee legal assistance for seniors.
• 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.
• Contact your local bar association and inquire about elder law attorneys in your area who offer “pro bono” (free) services to low-income clients.
• 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. ...

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

More items...

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:

What is elder law in PA?

An elder law attorney deals with long-term care planning, end-of-life issues, housing assistance and options, elder abuse, neglect and exploitation, age discrimination in employment, veterans' benefits, services of the Area Agencies on Aging, the legal rights of residents of nursing facilities, and federal and state ...

What is elder law in Florida?

Elder Law is defined as any legal issue involving health and personal care planning for the senior population and their caregivers.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

What type of elder abuse is most common?

According to the NCOA, elders are more likely to self-report financial exploitation than emotional abuse, physical abuse, sexual abuse, or neglect. Psychological abuse is the most common type of elder abuse, according to the NCEA.

What's the difference between a lawyer and an attorney?

People often confuse the words attorney and lawyer, believing them to serve different functions. However, the only real difference between the two is the region in which the word is used. They are effectively the same thing in terms of law, whether that be commercial, corporate, commercial law or contract law.

What is the difference between lawyer attorney and advocate?

An advocate is a specialist attorney who represents clients in a court of law. Unlike an attorney an advocate does not deal directly with the client – the attorney will refer the client to an advocate when the situation requires it. Advocates can also appear in the higher courts on behalf of a client.

What is the difference between a lawyer and an advocate?

Ans. An advocate is a qualified individual who represents the client in the court of law, whereas, a lawyer is used to designate anyone in the legal profession.

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 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 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.

What an Elder Law lawyer can do for you

An attorney who specializes in elder law will help an elderly or disabled family member or loved one arrange long-term healthcare and estate planning. Establishing a healthcare power of attorney and planning end-of-life decisions, such as do not resuscitate orders and beneficiaries of an estate, can all be done with help from an elder law attorney.

Why hire an Elder law attorney

Elder law attorneys and elder care lawyers deal with issues related to elderly and disabled people. They write wills, answer tax questions, and plan strategies for obtaining disability, Social Security, Medicaid, and Medicare payments.

Did you know?

According to a report by the Schuyler Center, 56% of elder abuse victims identified family members as suspects. Eighteen percent cited a home care worker, while 24% identified a friend. Additionally, only one in seven power of attorney-related cases are prosecuted.

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 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.

Can a Medicaid attorney help with paperwork?

Medicaid lawyers, first and foremost, are able to assist Medicaid applicants with the application process, such as filling out the paperwork, providing supporting documentation, and filing the application. 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. Learn about the various types of Medicaid planners here.

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

What should I look for when choosing a lawyer?

The lawyer will be helping you solve your problems, so the first qualification is that you must feel comfortable enough to tell him or her, honestly and completely, all the facts necessary to resolve your problem. No one you listen to and nothing you read will be able to guarantee that a particular lawyer will be the best for you; you must judge that for yourself.

Is there a free legal aid program?

Several legal assistance programs offer inexpensive or free legal services to those in need. Look in the yellow pages under topics such as “legal clinics,” “legal aid,” or “legal advice,” or search online. Most legal aid programs have special guidelines for eligibility, often based on where you live, the size of your family, and your income. Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

Do lawyers use ads?

In some ways, yes, ads are useful. However, always be careful about believing everything you read and hear — and nowhere is this truer than with advertisements. Newspaper, telephone directory, radio, television, and Internet ads, along with direct mail, can make you familiar with the names of lawyers who may be appropriate for your legal needs. Some ads also will help you determine a lawyer’s area of expertise. Other ads will quote a fee or price range for handling a specific type of “simple” case. Keep in mind that your case may not have a simple solution. If a lawyer quotes a fee, be certain you know exactly what services and expenses the charge does and does not include.