what is the cost for an elder care lawyer fees

by Hank Bode IV 3 min read

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. When my dad hired an elder care lawyers (http://www.scottcounsel.com/) for my granny, they had a meeting about all the estimate cost discussion before planning for the work.

Cost of Elder Law Attorneys and Medicaid Planning
Medicaid planning fees can range from $3,000 to $15,000.
Mar 22, 2022

Full Answer

What questions should I Ask an elder care attorney?

Here is an example of how it works in one elder law firm: The firm will talk with a prospective client over the phone. As discussed above, the firm will not provide specific advice during this call but will answer more general questions. The firm charges $500 for an initial, in-person consultation. The client has no commitment to pay anything ...

How much do elder law attorneys charge?

Mar 22, 2022 · Cost of Elder Law Attorneys and Medicaid Planning. There isn’t a clear-cut answer as to the cost of hiring an elder care attorney for Medicaid planning purposes. 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.

What does an elder care attorney really do?

May 18, 2019 · It would be best for you to contact the Elder Law Attorneys in your area to get a ballpark idea on cost. You will even find a cost difference between a solo Elder Law attorney compared to an Elder Law Attorney who works for a large firm. For myself, I decided to spend the extra money and voted for a large firm.

What do elder law attorneys charge for their services?

Jun 24, 2019 · Again, Michigan nursing homes charge, on the average, over $8,400 per month. If a Medicaid worker rejects an application after three months the loss is over $25,000! Fifth: The attorney must advise the client of the best, most suitable, “asset and income protection” strategy.

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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 long does it take for Medicaid to pay for long term care?

Medicaid attorneys and specialists also assist with crisis planning, which occurs when a senior needs Medicaid benefits within 30-60 days.

What is Medicaid asset protection trust?

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 ...

What is a Miller Trust?

An option to meet the income limit in this case is a Miller Trust, often referred to as a Qualified Income Trust (QIT). In oversimplified language, income that is over Medicaid’s income limit is put into an irrevocable (meaning it cannot be changed or cancelled) trust to be used for very specific purposes.

How long does Medicaid look back?

The look back period is 5 years in all states except California (Medi-Cal has a 2.5 year look back).

What is a medicaid planner?

For persons who have Medicaid cases that are fairly simple and straightforward, a Medicaid planner, also called a Medicaid specialist or a Medicaid Advisor, might be a good option. Working with a professional Medicaid planner can be a lot more cost efficient than working with a Medicaid attorney.

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.

Recent Questions

How do I protect my MIL financially from her adult step- children? FIL passed less than 2 days ago.

Popular Questions

What is the reasonable amount for a child to receive as payment for caring for their elderly parent?

How long does it take to get a medicaid application?

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.

What does "spend down" mean in Medicaid?

Spend down means that the applicant has only $2,000 at the time of application. If an average suburban married couple follows the advice of most nursing homes they may spend over $100,000 at the nursing home before applying for Medicaid. The attorney should be able to help an average couple to save that $100,000.

Does Michigan have medicaid?

Third: A little known fact is that Michigan has “Medicaid estate recovery.”. That means the government will take the house for repayment after the applicant and spouse dies. This can be a loss form $100,000 to $300,000 and up. Part of the attorney’s work is to make sure the government does not get the house.

What is statutory fee?

A statutory fee is a payment determined by the court or laws which applies to your case. You'll encounter a fixed statutory fee when dealing with probate or bankruptcy, for example.

How to pay retainer fees?

Make sure that your contract includes the details of: 1 Contract – The agreement should list the total amount of any retainer deposit that you pay upfront. It should also state when you need to pay additional fees, if necessary. 2 Hourly Fee – Don't look only for the hourly rate of your lawyer on the agreement. Make sure you also see a description of the different hourly rates for each person who might contribute to your case. Ask for your payment schedule. Ask if you get a discount for early payment or if you pay penalties for late fees. 3 Contingency Fee – In a contingency case, the lawyer profits by the percentage they earn upon winning the case. The lawyer's contingency percentage and the payment-collection process should appear clearly outlined in your agreement. Sometimes, a lawyer will not collect any fees from you if they lose a contingency case, such as in personal injury disputes. In other situations, they may demand payment from their client only if they lose the case. 4 Costs of Suit – Check for clear terms to describe who pays for all of the different litigation costs involved. You should anticipate possible charges for court appearances and filing fees, hiring a private investigator, the cost of bringing in an expert witness, costs for officially serving and delivering legal documents, and travel fees.

How to avoid disagreements with your attorney?

Either way, most states require evidence of a written fee agreement when handling any disputes between clients and lawyers. You must have written evidence of what you agreed to pay for anyone to hold you accountable for what you have or have not spent.

What is contingency fee?

An attorney contingency fee is only typical in a case where you're claiming money due to circumstances like personal injury or workers' compensation. You're likely to see attorney percentage fees in these situations to average around a third of the total legal settlement fees paid to the client.

What to ask when hiring an attorney?

When hiring your attorney, ask for a detailed written estimate of any expenses or additional costs. They may itemize each expense out for you or lump their fees all together under different categories of work. Lawyers may bill you for: Advice. Research.

Do lawyers charge retainers?

Sometimes lawyers may charge a retainer if they find themselves in high demand. Other lawyers who work more quickly and efficiently may see no need for charging you a retainer fee. Call different lawyers in your area to see if retainers are standard practice for your particular case.

How much does home care cost?

In 2019, the national average for non-medical, in-home care is $21 / hour with different state averages ranging from $16 – $28 / hour. It should be noted these are average costs from home care agencies. Private individuals can be retained to provide some of the same services with fees 20-30% lower.

How much does an adult day care cost?

In 2019, the national average is $72 / day with different state averages ranging from $35 – $136 / day.

What is adult day care?

Adult day medical care provides the supervisory and social aspects of adult day care and offers more intensive health and therapeutic services for individuals with severe medical problems and those at risk of requiring nursing home care .

How much does a skilled nursing home cost?

In 2019, the average amount being paid for a shared room is $245 / day with different state averages ranging from $153 / day to $963 / day.

What is home health aide?

Home health aides offer skilled care such as checking patients’ pulse, temperature and respiration and assisting with medical equipment such as ventilators. They will visit the home as much as medically necessary but typically for shorter periods of time than home care aide visits.

What is an elder law attorney?

From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.

What is elder law?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

How many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

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