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| Retirement communities
guide
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Finding An Elder Law Attorney
Elder law power of attorney, certified elder law attorney, elder law lawyer
Senior citizens of the US often find themselves looking for a person
who can advise them wisely in their legal requirements. This is because
decisions regarding leading even a normal life has become increasing more
and more complex. What they need is a specialized attorney well versed
in the laws and statutes relevant to the elderly and their families. These
elder law attorneys specialize in any of the following areas: Estate Planning,
Social Security, Private and Public Pensions, Long-Term Care Planning
and Insurance, Medicare, Medicaid and Medigap Insurance Policies, Age
discrimination, Powers of Attorney, Conservator-ship, Guardian-ship, Living
Wills and Elder Abuse. These attorneys are usually very devoted to the
care of the elderly and they lend an attentive ear to their concerns and
to the complex and difficult decisions relevant to aging.
Elder law attorneys not only provide legal advice but also refer their
clients to further professional and non-legal resources that might be
of additional help to meet their needs. These attorneys can point out
public or private resources that could help senior citizens in a number
of ways. Being aware of the necessity to have a careful consideration
to the tax related consequences of any legal action, they can advise their
clients to retain the assistance of tax professionals, if necessary.
Whether you need an Elder Law Attorney or not depends on the answer to
the following questions: Is this legal issue complex as it seems? Is there
any likelihood of going to court? Are there any extra-legal resources
that can aid you? Can you get over the situation by yourself? Keeping
in mind the expensive nature of legal services, you have to be completely
certain that your situation requires the assistance of an elder law attorney.
A reference from a family member, a friend or an attorney that you had
consulted previously and who you trust are the best sources for locating
an elder law attorney. The American Association of Retired Persons (AARP
– http://www.aarp.org/legalsolutions) and the State Bar Association can
help in locating impartial elder law attorneys. The National Academy of
Elder Law Attorneys (www.naela.org) is a non-profit organization that
assists lawyers, bar organizations and others who work with elderly clients
and their families. The National Elder
Law Foundation (www.nelf.org) is also a non-profit, non-governmental organization
committed to the education and to the development of the professional
proficiency of attorneys involved in this area of elder law.
Resorting to the help of an attorney should be based on a sound decision
and there are several questions that should be answered before the final
step is taken. When searching for an elder law attorney, you should check
to see that the attorney has specialized in the specific legal issue that
you are facing. Not all elder law attorneys specialize in one particular
area. You should be clear on the actions to be taken for the efficient
resolution of your legal problem. You may ask the attorney the following
questions.
How long has the attorney been practicing and what percentage of his practice
is devoted to elder law?
What is his/her area of specialization?
What is the charge for an initial consultation?
What information should you bring for your first consultation?
Once you have settled upon an elder law attorney, explain to him, in detail,
the problem that you are facing. This will allow the attorney to assess
the time that would be required to resolve the problem. You can at the
same time inquire about the attorney’s qualifications, and his memberships
and certifications with professional organizations dealing with elder
law. As a final point, get complete details of the costs involved including
the attorney’s fees and billing method. A few more questions that you
might take care to ask before coming to a final decision on the choice
of a specific elder attorney are listed below for your convenience.
How long will it take to resolve this problem?
Do you have any other options?
If so, what are the possibilities and the pros and cons of each one of
them?
What is the staffing pattern of the attorney’s office?
Which attorney will be handling your case?
What kind of experience does this particular attorney have and how long
has he been practicing elder law?
Has he been involved in cases such as yours and how many cases of this
kind has he been an attorney to?
What are his certifications and professional affiliations to elder law
organizations?
How are fees calculated? Is it based on hourly rates or is it a flat rate
arrangement?
What kind of additional expenses will be incurred (such as photocopying,
postage , court fees, etc.)?
Will the attorney need a retainer?
Will there be an agreement between you and the attorney regarding the
specifics that will be provided by the attorney and the pattern of billing?
These are some of the pertinent questions that you should get specific
answers from the elder law attorney before you come to a decision as to
who you are going to hand over your case to. As much as possible rely
on the recommendations of family members, or friends who have faced similar
problems or who in turn may have some acquaintance who faced a problem
similar to yours. A trusted attorney who might have handled some other
case for you or for an acquaintance could also be helpful. Be very careful
in making this choice as it will affect your future retired life and your
assets.
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