how to find a good elder care lawyer

by Prof. Freddie Ernser Jr. 6 min read

The most effective way to locate a qualified, elder law attorney is through a recommendation from a family member, friend, or an attorney you have consulted before and trust. The AARP

AARP

AARP is a United States-based interest group whose stated mission is "to empower people to choose how they live as they age". According to the organization, it had more than 38 million members as of 2018. The magazine and bulletin it sends to its members are the two largest-circulat…

(http://www.aarp.org/legalsolutions) and the state bar association (www.hg.org) offer impartial attorney recommendations.

Full Answer

How do I find an elder law attorney?

Mar 01, 2021 · People who are are closer to you in age will most probably have consulted with a certified elder law attorney and getting their advice would be a smart choice. After gathering some referrals, you can consider continuing or narrowing your search online. Search directories and browse reviews to gather information and opinions.

Should I hire an elder care lawyer?

Apr 05, 2016 · 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.

What to look for when hiring an attorney for an older adult?

Tips for Finding the Best Elder Care Lawyer Near You Even if you receive one or more referrals, you still have to vet every attorney that lands on your shortlist of candidates. Tip #1: Free Case Evaluation This is an important tip for several reasons.

What do you need to know about elder law?

Find the right elder law lawyer easily. Simply describe your case and you will be matched to the top elder care attorneys near you. Present your case for FREE!

image

What is board certification in law?

Attorneys can pursue Board Certification as well, which evaluates and certifies their exceptional skills, ethics and proficiency in specific areas of the law. State Bar Associations also feature special committees and sections composed of attorneys who study and report on certain legal topics. “Any attorney in a leadership position of an elder law section or committee has essentially been given a stamp of approval by their fellow attorneys,” Heiser advises. “This generally indicates professionalism and expertise in that field.”

What is 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 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.

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

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.”

Who is Bruce Rosenblatt?

Bruce Rosenblatt is a senior housing expert with decades of experience in the elder care industry. Bruce developed Senior Housing Solutions in 2009 and now uses his expertise to educate clients on all available living options and assist them in finding the best fit for their needs and lifestyle.

What Are the Risk Factors for Nursing Home Abuse?

Seniors, in general, are vulnerable to a wide variety of abusive acts ranging from battery to Ponzi schemes. However, certain factors make some nursing home residents more vulnerable to abuse than the other residents at the same facility.

How to Find the Right Elder Care Lawyer Near You

Finding the right elder care lawyer for you or a loved one is a critical step in getting compensation for nursing home abuse. Most elder care facilities have experienced legal representation that is no match for someone who does not have the legal credentials to litigate a nursing home abuse case.

Tips for Finding the Best Elder Care Lawyer Near You

Even if you receive one or more referrals, you still have to vet every attorney that lands on your shortlist of candidates.

Schedule a Free Case Evaluation

The team of elder care lawyers at our Orlando, Florida office recently won a settlement for a client that far exceeded the pre-trial offer made by the nursing home. Our client won a settlement of $375,000 for nursing home abuse while the facility offered a pre-trial payment of $500.

What is the age discrimination in employment act?

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age and older from age discrimination in the workplace. The ADEA applies to current employees as well as job applicants. Issues may arise under the ADEA regarding:

Why do people choose IRAs and 401ks?

Many people choose IRAs and 401 (k)s in order to reduce their tax liability and taxable income which allows them to save more money in the long run.

What to do if you are still employed?

If you are still employed, your elder care lawyer will ensure that your rights are protected at work and you are not subjected to age discrimination. If you are not quite in your golden years yet but are looking to plan for them, an elder law lawyer can advise you on the best plans to make now in order to enjoy your golden years later.

What is elder care?

An elder care attorney can assist you in obtaining these benefits and ensuring you are taken care of in your golden years. You may also be eligible for Supplemental Security Income (SSI). SSI is available for individuals who are 65 years of age or older, individuals who are blind or disabled, and individuals who have limited incomes ...

What can an elder care lawyer do for Social Security?

An elder care lawyer can assist you with any aspect of Social Security.

Why is it important to have an elder care lawyer?

It is extremely important to have an elder care lawyer for many reasons. If you are not quite on the way to retirement yet, a lawyer can help you choose a retirement plan that fits your needs. Retirement plans are used to provide income after you retire. The most common types are IRAs and 401 (k) plans.

What is an elder law attorney?

An elder law attorney is an attorney that specializes in laws specific to individuals who are over the age of 65. There are many important issues that an elder law attorney can assist you with, including: Your rights to social security benefits; Retirement plans;

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 is a special needs trust?

Setting up a special needs trust can help to prepare for lifestyle expenses or other potential needs that public assistance benefits such as Medicaid, Social Security Insurance (SSI) and Section 8 housing may not cover.

What is an elder care attorney?

An elder care attorney can help guide family members through the process of obtaining guardianship.

Can an elder care attorney help with out of pocket expenses?

Paying for long-term care out of pocket can be financially draining, but an elder care attorney can help to mitigate those out-of-pocket expenses as well as help with financial planning. Choosing a power of attorney, someone designated as the main authority to help decide how and where money is spent, can be difficult, ...

What can an elder law attorney do?

Elder law attorneys are also able to help you protect elderly family members from issues such as elder abuse and financial scams that target elderly victims . A lawyer can help you determine whether this should involve a conservatorship or other type of protective measure.

What is elder law?

An elder law attorney can help you make the right decisions that apply to your own future and to the care of your loved ones.

Is it a good idea to research your lawyer before hiring?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

image