An Overview of Elder Law
An elder law attorney is simply a lawyer who specializes in or focuses on the particular legal issues which are associated with aging, incapacity, end-of-life and other issues with which you must contend later in life. For example, an elder law attorney can help with estate planning , including ensuring that your medical and financial affairs are orderly and that your wishes are properly expressed and followed. Elder law lawyers are very familiar with issues involving Medicaid planning and administration, including long-term care and Medicaid nursing home planning. They also help with protecting the estates of humans and animals by planning for guardianship issues.
The Advantages of a Free Consultation
The majority of elder law attorneys will not charge a fee for a consultation. The benefits associated with seeking a free consultation with an elder law attorney can be numerous. This type of attorney can aid you in understanding your options and rights as an elder law client. Choosing an elder law attorney who will not charge you a consultation fee can also be financially prudent, as you will not be expending more than what is necessary.
While seeking an elder law attorney who is going to offer you a free consultation is important, this isn’t the only benefit of such a consultation. You may also build a strong relationship with an attorney you can trust in the future.
Let’s take a look at what consultation with an elder law attorney might entail. For instance, if you are interested in establishing a trust for your parents, it is likely that you will have questions about the process of creating the trust, including how it might benefit your family. Your elder law attorney can answer these questions for you, and you will be free to ask any other questions you feel are necessary.
The free consultation is an opportunity for you to meet with the elder law attorney to discuss important issues related to elder law matters. Typically, you may meet with the attorney for one to two hours. This is an opportunity for you to sit down with the attorney face to face and receive important legal advice.
Elder law attorneys provide a free consultation for a number of reasons. One important reason is that it allows you to test out the attorney and discover if their services are right for you. This is important because you want to ensure that you will be able to rely on the attorney for elder law issues in the future. If you don’t feel like this is the attorney for you, then you can move on to another elder law attorney.
An elder law attorney is there to advise you. When you meet with a lawyer during the free consultation meeting, they will assess your situation and then provide you with professional judgment about what the best course of action is for you. In addition to the financial benefits of a free consultation with an elder law attorney, there are also psychological benefits. Being able to meet with an attorney allows you to understand the legal process better and prevents you from worrying and wondering about what a potential lawsuit might entail.
How to Locate an Elder Law Attorney Near You
Finding elder law attorneys near you who are offering free consultations is actually very simple. Your local state bar association likely has a member database on their website, so you just need to go to the website of your state’s bar association to search for attorneys near you. Just typing in "state bar association of (insert state name)" into your favorite internet search engine should get you to the right place. Once you arrive on the website, look for a link that says "lawyer referral service" or "attorney referral service." This link should take you to a database where you can look for an elder law attorney in your area. Looking on the bar association’s website will help narrow down your search, because you know that the attorneys listed there are licensed to practice in your state, and are presumably in good standing with the bar association.
Since the bar association’s database may not be able to identify elder law attorneys, you may need to look at the attorney’s biography to see if they are a member of the National Academy of Elder Law Attorneys, which may be included in the biography or listed as a credential. You may also be able to find a list of their practice areas under the "areas of practice" or "practice areas" heading on their biography page. Alternatively, you could just call the attorney’s office and ask them if they offer free elder law consultations.
If you have any friends or family members in the area who have used elder law attorneys in the past, ask them for a recommendation. You should also seek elder law attorneys in your area if you are not in good standing with the state bar association, I would avoid any attorneys with a lot of negative reviews online. If you find the elder law attorney to be reputable, you can then search for the attorney on your state’s bar database and see if they are in good standing. It would probably not hurt to check out the attorney on Avvo, which is a legal rating service with an A to D scale, and attorney reviews, just to be sure.
You may also want to check with the National Academy of Elder Law Attorneys, which maintains a searchable database of elder law attorneys. Again, the attorneys listed there are members of the National Academy of Elder Law Attorneys, so you can avoid the ones with lower ratings or negative reviews.
Key Questions for an Initial Consultation
• What kind of experience do you have with elder law issues?
An experienced elder law attorney will have handled claims for benefits or services for the elderly, and be familiar with the various laws and regulations related to aging.
• How do you handle cases?
If your case is resolved in-house, then that’s what your elder law attorney would likely do—handle it themselves. But if the lawyer refers cases to another firm or a service provider , then this could increase your costs and return on investment.
• What is the cost of your services?
The lawyer should provide a written agreement about fees and retainer. Find out how they bill their clients—hourly, flat fee, or contingent—and if there are any additional costs throughout the case. Determine how you would be billed if you needed further services or if the case were to go on longer than expected. You might also discuss financing options.
• How soon could we begin to see results?
It’s important to get an understanding of how long the services will take, and if the fees are paid amount up front or over time.
Tips on Assessing an Elder Law Attorney’s Skill
When you’re looking for an elder law attorney, it’s critical to ensure that they are qualified and experienced in the specific area of elder law that pertains to you. Not all elder law attorneys specialize in the same areas, so that’s the first thing you should assess when meeting with an attorney. Ask them specifically what areas of elder law they have experience with, and be sure that they have an understanding of the details of your needs.
Often, elder law attorneys will have information about their areas of specialization on their website, which can allow you to quickly sort through other potential candidates. Once you have some candidates in hand, it’s important to check their credentials.
Make sure they are properly credentialed, such as a member of the National Academy of Elder Law Attorneys, the National Elder Law Foundation, or a certified elder law attorney. In addition to credentials, you can check other legal websites for reviews or comments about potential elder law attorneys.
Searching for reviews on their services or experience is quite easy, and may lead you to more potential candidates, or help you whittle down your list for potential elder law attorneys that offer free consultations through the one nearest you with the most positive reviews.
Common Myths About Elder Law
There are several misconceptions people have when it comes to Elder Law. When planning for the future, all too often, clients believe that an Elder Law Attorney is only for the very wealthy. They are surprised to find that they need an Elder Law Attorney much sooner than they had expected. It is important to plan for your future, but not so far in advance that you lose site of your current responsibilities. Also, just because you have a child with student debt, does not mean you need an Elder Law attorney if you have long-term care costs .
Another misconception is that Elder Law deals only with wills and probate. Although Estate Planning is an important part of Elder Law, it is not the whole picture. Many elderly clients require Medicaid for long-term care. If an Elder Law Attorney drafts your Estate Planning Documents, they should also be able to assist you with Medicaid issues. Having one attorney assist you with all of your legal needs is essential. It makes it easier on you and gives you "peace of mind" that you have taken care of things.