what questions to ask a elder lawyer

by Abigale Welch 10 min read

Questions to Ask an Elder Law Attorney

  • To find an elder law attorney that is a good fit, you’ll need to ask some questions, including:
  • Do you primarily focus on estate planning, and how much do you charge?
  • How long have you practiced elder law, drafting estate plans, and executing them?
  • Do you have experience in estate taxes?
  • Can you draft a comprehensive estate plan...

Full Answer

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 questions should I Ask an elder care attorney?

  • You should ask how long it will take to resolve your case and what, if any, alternative courses of action there are.
  • You should ask the attorney to explain the advantages and disadvantages of each possibility or outcome for your case.
  • Find out how many attorneys are in the office and if another one of them will be assigned to your case.

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What are good questions to ask an attorney?

Ask the lawyer A number of questions arise: Can you show the tenant’s demand ... Do you know the expression “no good deed goes unpunished”? Bottom line: Consultation with counsel here also is advisable. Is the tenant’s conduct a breach of the ...

What is elder law and how can it help you?

Elder Law is a specialized area of law that involves representing, counseling, and assisting seniors, disabled individuals, and their families in connection with a variety of legal issues, from estate planning to long-term care issues, with emphasis on promoting the highest quality of life.

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What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What questions should I ask my lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

What do you talk about at a lawyer consultation?

During the consultation, the attorney will listen to the facts of your case and give you advice on the best way to approach each issue. Be candid and truthful with the attorney and tell him or her all pertinent facts related to your case, both good and bad.

What is elder financial abuse?

Elder financial abuse is something to take quite seriously when you are looking ahead toward the future. Billions of dollars are lost each year to instances of elder financial abuse. There are scam artists, identity thieves and the like who prey on seniors that they do not know. This is certainly part of the problem.

Why do people steal from elders?

They steal from elders simply because they can. There are legal steps that you can take to mitigate your exposure to elder financial abuse. This is something that you would want to discuss in detail with your elder law attorney. We are grateful you follow us and value your comments and input.

What are the requirements for a lawyer license?

According to NELF, some of the requirements for certification include: Advertisement. Being licensed as a lawyer in one or more states. Practicing law for five years or more . Maintaining a level of excellence of all the bars. Demonstrating involvement in practicing elder law.

What is an aging attorney certification?

The certification was created to educate lawyers on all parts of the law relating to the aging population, and then help them demonstrate this dedication to their clients. Once certified, the attorney must continue focusing on elder law and special needs and complete continuing education credits.

What does it mean when an attorney steps outside of his office?

When an attorney steps outside of his daily practice to help educate people about the numerous issues facing the elderly, it not only shows that interest in his career, but also his true dedication to the community at large.

How many attorneys are there in NAELA?

With more than 4,200 attorney members, NAELA helps its constituency receive the continuing education necessary to stay up-to-date on elder law topics. Another such organization is the Special Needs Alliance. State and local agencies also exist.

Can I get living assistance in my own home?

Some people can receive the living assistance that they need in their own homes. When you consult with an elder care attorney, you can discuss all of your options and ultimately make an informed decision. 3.)

Is elder financial abuse a problem?

Elder financial abuse is a big problem in the United States today. When you consult with an elder care attorney, you may want to broach this subject and ask any questions that may come to mind. Unfortunately, a significant percentage of the instances of elder financial abuse that take place are perpetrated by people that are close to the victims.

1. What Does an Elder Law Attorney Do?

Elder Law is a specialized field of law that addresses the unique legal issues affecting older adults as they age. Elder Law encompasses estate planning, asset protection, special needs planning, Medicaid planning and applications, probate and estate administration, guardianship proceedings, and, at Cona Elder law, estate litigation.

2. When Should I Hire an Elder Law Attorney?

The earlier the better! For asset protection purposes, the current look-back period is five years for institutional Medicaid. That means you need to take action to protect assets, such as by placing your home or other assets into an irrevocable trust five years before a health care crisis occurs.

3. How Can an Elder Law Attorney Help Me?

An Elder Law attorney will help you and your family members determine how you will pay for long term care. In New York, a home health aide, assisted living or nursing home typically costs $5,000 – $20,000 per month. Without long term care planning, a family’s assets can be wiped out in short order. That’s where our law firm comes in.

4. What is the Average Cost for an Elder Law Attorney on Long Island?

The cost of an Elder Law attorney varies based upon the type of work. Certain types of legal work may be billed on an hourly basis while other types of work may be billed on a fixed or flat fee basis.

5. How Can an Elder Law Attorney Help Protect my Assets?

Asset protection is one of the most important areas of our practice. After reviewing an individual’s assets, circumstances and wishes, we will discuss all the options available to our clients, weighing the risks and the pros and cons.

6. What is the Difference Between Medicare and Medicaid?

Medicare is the country’s health insurance program for people age 65 and older, regardless of their financial situation or their health status. Medicare is a short-term payor and covers doctors, hospital visits and very limited stays in sub-acute rehabilitation facilities.

7. When Should I Start Medicaid Planning?

The earlier the better! The earlier you start Medicaid planning, the more likely you are to make it through the entire look-back period and therefore will be able to preserve all the assets you put into an irrevocable trust. If a health crisis occurs, you may have to break the trust and spend down one-half of your assets.

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.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.

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