Medicaid Planning

Elder Law Attorneys

This article discusses what an elder law attorney is, as well as what one can do for you, and why you might need one.

Elder law attorneys are attorneys that practice Elder Law. This is still a relatively new, growing field of law, and includes both estate planning and family law. This means that a good Elder Law attorney is very knowledgeable about all the issues a senior citizen might be facing. An Elder Law attorney will help you prepare for your “golden years” and help you in many ways, such as long-term care planning, estate planning, Medicaid and nursing home rights and procedures.

Not all Elder Law attorneys will practice in each of these areas, but by identifying what you need help with, you will be able to find the right lawyer for your needs. When an attorney says he/she practices Elder Law, find out exactly what issues he/she handles, so you will know whether or not that attorney is the right one for you.

With an aging population, there will be more and more legal problems facing the elderly. You will want to hire an attorney who regularly handles matters in your area of concern. Attorneys who regularly work with the elderly understand their unique needs and concerns and are more aware of all the problems that can occur as someone ages. All of these factors will help you deal effectively with your lawyer and help you resolve your legal problems with the least amount of stress.

Many Elder Law attorneys belong to the National Association of Elder Law Attorneys (NAELA). This association helps keep them up to date on the current laws, rules and regulations that affect senior citizens. In many states, Elder Law attorneys with the "CELA" designation (Certified Elder Law Attorney) are specialists with demonstrated knowledge and experience in Elder Law.

One of the best ways to find a good Elder Law attorney is through the recommendation of someone you trust. Check with friends, your doctor, social workers, bankers or clergy. Even another lawyer who doesn’t practice this type of law would know someone in the field. Legal advice is expensive and you don’t want to waste your money paying a lawyer you don’t like or who isn’t qualified to deal with your situation.

Another place to find good Elder Law attorneys is the American Association of Retired Persons. You can call them or the Social Security Office for a referral. Your local hospital or nursing home’s social service department may also be able to help.

Before you select an Elder Law attorney, you need to ask lots of questions—you don’t want to end up with someone who can’t help you in the end. On your initial phone call, ask some very specific questions, such as: does this practice focus on a particular area of law, how long has the lawyer been in the field, is there a fee for a consultation and how do they do their billing?

After you have found an Elder Law attorney that you’d like to meet, set up an initial appointment. This is your opportunity to give the attorney an overview of your situation, so be sure to bring any necessary information and paperwork with you to the meeting.

After you have given all the details of your situation, ask the lawyer how they would resolve the issue and if there are any alternative actions you could take. What are the possible outcomes of each action? Make sure that the person you are speaking with is actually the one who would be handling your case and if they have handled a similar case before—you wouldn’t want some rookie with no experience representing your best interests!

The key to a successful attorney/client relationship is open communication. And good communication starts by asking questions. If you don’t like the answers you get or if your attorney doesn’t seem open and honest with you, find someone else.

Once you have decided to hire an Elder Law attorney, ask to have your arrangement put in writing. This could be a letter or a formal contract that spells out the services your attorney will provide and what the fee and payment arrangements will be. Even if you don’t have anything in writing, you have made an oral contract with the attorney via your discussions and you are therefore responsible for paying for all work done by the attorney or the staff.