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Estimate on elder law attorney costs? - AgingCare.com Estimate on elder law attorney costs? This question has been closed for answers. Ask a New Question. The price is not a set to the amount. Different lawyers value their time in a different order, so they charge differently. In general, if you are asking then, it could be between $1000 and $2500.
An elder law attorney can devise a plan for a married couple to spend down their assets to qualify for long-term care Medicaid but still retain enough resources for the healthy spouse to remain in their home and cover their costs of living. Read: Spousal Impoverishment: Medicaid Spend-Down Rules for Married Couples
An elder law attorney will be familiar with these rules and can guide you in advance in the unfortunate event that you eventually need long-term care. 1 Take a look at your life and your assets to see if you fit into one or more of these situations that can impact your finances:
Some Medicaid lawyers offer free consultations, while others charge an initial consultation fee or offer Medicaid planning conferences that range in cost from approximately $175 – $500. After the consultation / planning conference and gathering of the facts and needs, a price for services can be quoted.
Elder law attorneys specialize 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.
As you age, the legal issues that you, your spouse or your family caregivers face can change. For example, it’s important to have durable powers of attorney for financial and health needs in case you or your spouse becomes incapacitated.
Elder law attorneys can help with a long list of legal matters seniors often face, including:
The cost to hire an elder law attorney depends on which legal services are needed, the city or region in which you live and the level of the attorney’s experience and education in elder law.
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.
Questions and Answers When Looking for an Elder Law and Special Needs Planning Attorney. National Academy of Elder Law Attorneys. Accessed September 9/22/2021.
Medicare question and allotted care. What are the best things to say to show that my MIL needs care?
What is the reasonable amount for a child to receive as payment for caring for their elderly parent?
In an effort to spend down can I go back the 3 yrs mom has been living with us to charge for care, room & board?
Elder law attorneys specialize in helping older adults with long-term care planning, estate planning and government benefits. Those with experience in Medicaid planning understand each state’s rules and regulations and help families by identifying comprehensive strategies to legally obtain and maintain eligibility for public benefits.
A good lawyer will devise a personalized Medicaid planning strategy that enables an applicant to retain as much of their wealth as possible for current and future needs while ensuring they will qualify for the long-term care services they require.
A Medicaid lawyer will take all aspects of a senior’s personal and financial situation into consideration to determine when they should apply and whether additional steps must be taken to avoid disqualification for benefits.
In some cases, there are exceptions that can help applicants avoid a Medicaid penalty period. In other situations, applicants who have made disqualifying transfers during the look-back period may be better off delaying their Medicaid application.
Applicants can retain ownership of certain types and amounts of assets while still maintaining their eligibility for benefits. In some instances, a personal care agreement is a great way for a senior to compensate their family caregiver (s) while legally spending down to meet Medicaid asset and income limits.
The financial Medicaid eligibility rules for married couples are different from those for unmarried applicants. An elder law attorney can devise a plan for a married couple to spend down their assets to qualify for long-term care Medicaid but still retain enough resources for the healthy spouse to remain in their home and cover their costs of living.
Of course, an elder’s health and care needs can change a great deal in that timeframe, especially if they have a chronic medical condition like dementia or Parkinson’s disease. It may be wise for some families to look into Medicaid planning even earlier to ensure they’re prepared when the need for long-term care arises.
We might note that there are two ways attorneys charge for applications: 1) attorney asks for a retainer and bills hourly against the retainer; 2) a flat fee. Most clients prefer the latter since they know the fixed cost and the fee will be part of “spend down.”.
A Medicaid application will be rejected without “documentation” of the current cash value of the asset. It can take four weeks to get the needed paperwork. When children help elderly parents, finding or recovering the documentation can be challenging and time consuming.
This person has much to lose. And, the need is doubly true if the client has a spouse. Clients do not hire an attorney to fill out a four to six page application.
One wrong word or move can mean the difference between a good result and disaster should you become incapacitated or if other unexpected issues should occur in your senior years.
Your estate, on the other hand, is what you leave to your loved ones when you die and how you leave it to minimize probate complications and potential estate tax liabilities. Numerous options are available to adjust as economically and efficiently as possible to plan for all eventualities.
Many elder law attorneys charge by the hour so you'd only have to pay for their time to deal with the specific issues that are of concern to you. Others offer "package deals.". They'll provide various services under the umbrella of one fee.
Elder law isn't the same thing as estate law , although they cover some of the same issues. Elder law addresses your finances and property in such a way as to best provide for you and your family while you're still alive.
These laws control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney-in-fact under a power of attorney.
For example, a revocable living trust can be set up for someone else to take over management of your assets if a time comes when you can no longer do so yourself. An elder law attorney can explain these options to you so you can have a plan in place for such an eventuality.