what to ask elder care lawyer

^{Elder Care Attorneys: 7 Questions to Ask Before You Hire One}

1. How long have you been in practice and where? This is the first thing you want to know. Being a good lawyer takes experience. ...
2. As an elder care attorney, what credentials do you hold? ...
3. Can you give us referrals and recommendations? While you’re definitely going to want to ask professionals you know – financial advisors, lawyers, medical professionals, the staff at your loved ...
4. We would like to meet you for an initial consultation before retaining your services. Is there a set fee for that? How do you calculate ongoing fees? ...
If a legal document needs to be defended in court will you litigate it? If not, do you work with other elder care attorneys who will? ...
What happens if we or our loved one need assistance at home? Not all lawyers make house calls. ...
How familiar are you with Medicare and Medicaid?

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 ...

Do I really need to use an eldercare attorney?

You'll need the counseling and advice of an experienced elder law attorney to assist with your future plans if one or more of these situations apply to you. Otherwise, your state, an ex-spouse, or the Internal Revenue Service might receive control of or the largest chunk of your assets.

Why should I consult with an elder law attorney?

Why Should I Consult With an Elder Law Attorney? An elder law attorney is a lawyer who is well-versed in legal matters that are of interest to people who are preparing for their senior years. You should fully understand the eventualities that you may face when you reach an advanced age, and you should plan ahead to address them.

What does an elder care attorney really do?

• Family asset protection planning for long term care. Using legal and ethical planning tools, personalized for each family, they assist families to obtain public benefits, including various types of Medicaid ...
• Estate planning. ...
• Guardianship. ...
• Guardianship advocacy. ...
• Special needs planning. ...
• Probate and trust administration. ...

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.

Does Medicare pay for long term care?

Medicare will not pay for long-term care, and it is very expensive. This presents a challenge for many senior citizens.

What can an elder care attorney do?

Elder care attorneys help clients come up with answers to long-term care questions. One way that you can prepare for long-term care expenses would be to purchase long-term care insurance. There are some pros and cons that go along with this course of action, and you can discuss them with your attorney.

What to expect when consulting an elder care attorney?

When you consult with an elder care attorney, you can discuss all of your options and ultimately make an informed decision.

Does Medicare pay for long term care?

Medicare will not pay for long-term care.

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.

What are the Core Elder Law and Estate Planning Documents I Need?

Planning effectively for your future and the future of your family requires putting together a comprehensive plan addressing long-term care, asset protection, special needs family members, and several other issues . There are a few key documents you and your elder law attorney can put together first, however, to ensure you are covered as soon as possible. Some of these key legal tools include trusts for your benefit and the benefit of specific loved ones, advance health care directives ( living will, health care surrogate designation, anatomical donation directive), durable power of attorney, and perhaps a last will and testament.

How Do I Plan for a Disabled or Dependent Child?

There are special trusts for children and adults with disabilities, such as special needs trusts , that can provide income and assistance without ruining eligibility for needs-based government assistance programs such as Medicare.

Can Someone With Dementia Sign Their Own Documents?

If you are concerned about dementia or Alzheimer’s, either on behalf of yourself or a loved one, it’s important to get your elder care plans set as soon as possible. At a certain point, if dementia has progressed too far, the individual no longer carries the legal capacity to sign documents on their own. That’s part of why it’s important to set up a durable power of attorney; to dictate who will make those decisions in the event that you do lose capacity (or to ensure you can make decisions for your loved one should they lose the capacity to do so).

What does an elder law attorney do?

Elder law attorneys often work in conjunction with other professionals in various fields to coordinate care, legal protections, and financing. The issues they may tackle include:

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 to get referrals for legal counsel?

Ask for referrals from friends and family who have hired legal counsel to handle similar issues and in similar circumstances. You don’t need to delve into the nitty-gritty details of your friend’s legal affairs, but you will want to ask what matters the attorney helped with and how satisfied your friend was with the level of service.

What happens when a person is unable to make decisions for him or herself?

When a person is unable to make decisions for him or herself, whether it be paying utility bills or choosing a doctor, someone needs to assume responsibility for that individual’s affairs. If no one has the legal authority to act, the court will appoint a legal guardian.

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.

What is the big question in elder law?

Long-term care is the big question, but there are other concerns that you may think of when you are preparing for your elder law consultation. Feel free to ask every question that comes to mind. Communication is the key to effective planning.

What to expect when scheduling an elder law consultation?

When you schedule a consultation with an elder law attorney you should be prepared to have a meaningful conversation. Your attorney is there to provide answers, and you should try to come up with some questions in advance to use your time wisely .

Is long term care covered by Medicare?

Medicare will certainly be of great assistance in many different ways. However, long-term care is considered to be custodial care. It is not looked upon as being medical in nature. Therefore, a stay in a nursing home or assisted living community is not covered by Medicare. In-home care is not covered either unless it is convalescent in nature and of limited duration.