what questions to ask an elder lawyer

^{Ask Your Elder Law Lawyer These 10 Questions}

1. Can my loved one sign legal documents even with dementia? Can my loved one sign legal documents even with dementia? It depends. (How’s that for a lawyer’s answer?!). ...
2. What are the core planning documents I need? It is important for most people to have these documents. ...
3. What is the single greatest threat to my financial security? ...
4. Are you (the lawyer) a certified specialist? The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or ...
5. Are there dementia-specific provisions for Powers of Attorney? Elder Law Attorneys include many provisions for dementia-specific and long-term care issues not found in typical powers of attorney. ...
Do my documents “ladder” successors or do they make use of co-agents? ...
What is a “Lady Bird deed” and should I have one? ...
How much do you charge? It is absolutely appropriate (I would say necessary) to ask a lawyer how he or she charges before you retain the attorney. ...
What should I do with my original legal documents? Your original legal documents should be kept in a safe, fire-resistant, water-resistant place. ...
How can I carry my health care documents with me?

Full Answer

What questions should I Ask an elder law attorney?

Mar 07, 2014 · Let’s look at some of the questions that you should ask your elder law attorney. 1.) What is the most important elder law issue? The most pressing elder law issue of our day is that of long-term care and the expenses that go along with it. Most senior citizens will eventually need help with their activities of daily living.

What questions should I Ask an elder care attorney?

Ask Your Elder Law Lawyer These 10 Questions 1. Can my loved one sign legal documents even with dementia? Can my loved one sign legal documents even with dementia? 2. What are the core planning documents I need? It is important for most people to have these documents. For people... 3. What is the ...

What are good questions to ask an attorney?

Dec 12, 2013 · If you have decided that you would like to discuss the future with an elder care attorney, you would do well to make some preparations in advance. In this post we will look at a few of the questions that you may want to ask your elder care attorney. 1.) How do I prepare for long-term care expenses?

What is elder law and how can it help you?

10 Questions for an Elder Law Attorney. 10: Do I Really Need an Elder Law Attorney? Planning for the future can be problematic without the correct information. Simple situations can rapidly ... 9: Are You a Certified Elder Law Attorney? 8: Does the Practice Focus on a …

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...•Jan 29, 2017

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...•Jul 10, 2016

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

What should I ask about elder care?

Answer These 7 Questions When You Need Senior CareWhat challenges do seniors face? ... Who is the appropriate person to make decisions about care? ... How much care does the senior require? ... What services do you need? ... How will you finance care? ... Who will provide care? ... How will you monitor care?Aug 10, 2021

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

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...•Feb 6, 2020

What do most lawyers charge for a contingency fee?

Typically the contingency rate free ranges from 33%-45% of the recovery. A contingency fee agreement is a payment arrangement that enables injured victims pursuing legal recourse to have legal representation, even if they do not have the financial ability to pay a lawyer out of pocket.Aug 3, 2021

How do you question a defendant?

You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer.

How do I ask my lawyer for an update?

AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal.

What questions should I ask my elderly parents?

10 Essential Questions to Ask Your Aging ParentsDo You Have a Durable Power of Attorney? ... What Are Your End-of-Life Wishes? ... Do You Have a Will or Living Trust? ... Do You Have Long-Term Care Insurance or Another Plan in Case Long-Term Care is Required? ... Have You Made Sure That These Documents Are Current?More items...•Sep 14, 2015

How do you prepare for old age care?

6 ways you can prepare to “age well”Adapt your home. Stairs, baths, and kitchens can present hazards for older people. ... Prevent falls. ... Consider your housing options. ... Think ahead about how to get the help you may need. ... Plan for emergencies. ... Write advance care directives.

What do caregivers do for the elderly?

Cleaning, grocery shopping, cooking, helping with medical appointments, and managing medications are some of the duties of an elderly caregiver. But your responsibilities will ultimately depend on your loved one's health and needs.Nov 5, 2020

What documents are needed for a living will?

It is important for most people to have these documents. For people where dementia is at issue, it is even more important. These are the documents you need: 1 a client-specific durable power of attorney containing long-term care planning provisions (generic forms rarely suffice) 2 health care directions (often referred to as Living Wills and Health Care Surrogate Designations) 3 a Last Will and Testament 4 a trust agreement.

Do transactional attorneys charge a fee?

Most successful transactional attorneys (estate planning attorneys, elder law attorneys, etc.) charge a consultation fee. In fact, this may be one way to judge the demand and therefore the reputation of a particular lawyer.

Can you have an elder law attorney?

It should be a big deal to you too. Elder Law Attorneys have specific experience in dementia-specific and health-related legal matters. It can make a very big difference in quality of life. Even if you have another type of attorney as your estate planning lawyer or family lawyer, you can still visit with an Elder Law Attorney ...

Can dementia be competent to sign documents?

Courts have found that even people in the most advanced stages of dementia can be competent to sign important legal documents. Understand that the medical definition of incapacity is different from the legal definition of incapacity.

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.

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.)

Can long term care be provided in nursing homes?

Long-term care can be provided in different ways. People who need comprehensive care will reside in nursing homes. Those who are capable of maintaining a significant amount of independence often thrive in assisted-living communities. Some people can receive the living assistance that they need in their own homes.

Is Medi-Cal a need based program?

Because Medi-Cal is a need-based program, you have to be quite measured when you are looking ahead with eligibility in mind. The objective is to gain eligibility while retaining a maximum store of assets for the well-being of your loved ones. 2.)

Does Medicare pay for long term care?

Medicare will not pay for long-term care.

What is Medicare and Medicaid?

Medicare is a federal medical insurance program for people over 65 years of age and for younger people with certain disabilities.

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.

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 is Medicaid financing?

Take Medicaid for example. Medicaid is a federal program that provides health-care financing to certain people with low incomes. But, the program is managed at the state level, with each state drawing up its own rules and procedures [source: U.S. Department of Health and Human Services ].

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 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.

Does the government make the health care system impenetrable?

State laws vary and change all the time. "The government has made the health care system almost impenetrable," says Goldberg, listing some of the systems many facets including, Medicare, Medicaid, veteran's benefits and various tax laws [source: Goldberg]. "Elder law attorneys can serve as guides through the health care [system]."

1. 10 Frequently Asked Questions for Elder Law Attorneys

May 22, 2018 — Common questions we ask are: Do you receive any VA benefits? Do you have a supplemental insurance policy? How long do you plan to work? When do (1) …

2. Answers To Common Questions – Elder Law Group

Is Elder Law a recognized legal specialty? · Are there any other credentials an Elder Law attorney might demonstrate? · What are the legal practice areas in which (4) …

3. How to Choose the Right Elder Law Attorney

Apr 20, 2021 — Things to Consider When Choosing an Attorney · How long have you been practicing elder law? · What percentage of your practice involves issues (7) …

5. 5 Smart Tips for Hiring an Elder Law Attorney – DailyCaring

Are they polite and professional? · Do they return calls or emails in a timely manner? · Do they take time to explain things to make sure you have a good (14) …

6. Top 10 Questions to Ask an Elder Law Attorney

Aug 26, 2021 — Ready to begin your search for an elder law attorney in New York? Here’s the 10 most important questions you should ask. (17) …

7. Question and Answer Session With an Elder Law Attorney

Jan 21, 2020 — What is the role of an elder law attorney? · Will Medicare pay for all of my health care costs when I am eligible for coverage? · What percentage (21) …

What is elder law?

Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care. We also help with decision-making documents and provide guidance on other legal issues for seniors ...

How much is the estate tax exemption?

The new U.S. estate tax exemption now is $11.18 million per person , and a couple is entitled to a $22.36 million exemption. That’s a significant amount of money a person may leave without paying estate taxes on the federal side.

Can you put long term care in an irrevocable trust?

You can put them in an irrevocable trust. You can buy long-term care insurance, or you can take your chances and do nothing . There are waiting periods that must be met in order to protect the assets. A will helps direct who is going to be in charge of distributing your assets as you stipulate.

Who is Beth Lueders?

An award-winning journalist who has documented stories in nearly 20 countries, Beth Lueders is an author, writer and speaker who frequently reports on diverse topics, including aging and health issues for both U.S. and international corporations. We were unable to load Disqus.