What You Need To Know About Elder Lawyers

When you need help with your cardiovascular health, do you go to a foot doctor? Hopefully not! If you need your house painted, do you call a plumber? No. You’d look for a person who was skilled in your particular area of need.

You should apply the same reasoning when you hire a lawyer. Just as no doctor is an expert in all areas of health, no lawyer is an expert in all areas of the law. 

When you need help with issues related to estate planning or aging, your best bet is an attorney who specializes in elder law.

WHAT IS ELDER LAW? 

Elder law grew out of the increased number of people living longer.  Longer life spans have raised complicated financial, legal, health, and safety issues for seniors. 

Elder law encompasses many areas of the law. These can include:

• estate planning, including wills, durable power of attorney, and health care proxies
• retirement planning
• understanding retirement, Social Security and other potential benefits
• long-term planning for health care and housing needs
• protecting financial assets
• trusts and living trusts
• elder abuse, neglect or fraud
• nursing home claims
• Medicare, Medicaid, and other health insurance issues
• long-term care insurance

Most people want to have some say in how the spend their later years. That requires planning. That’s where elder law attorneys come in.

WHAT'S AN ELDER LAW ATTORNEY? 

Elder law attorneys specialize in the unique needs of older adults. They know the laws that impact estate planning, health care, potential benefits, guardianship issues, insurance, and more. 

Many attorneys can help you draw up your will. That’s actually pretty straightforward. People even do it online through Legal Zoom. 

There are a lot of variables at play, though, as we age. Elder law attorneys are skilled at looking at your individual situation in a holistic manner. They consider such things as:

• income and assets
• family situation—location of family members, support systems, family tension
• age and overall health
• special needs
• housing and accessibility of services
• protection of assets
• life goals and self-determination

None of these factors exists in a vacuum. Where you live affects your life goals which can affect which supports you can access. Family tensions affect financial decisions and so on 

A good elder law attorney will guide you to think about different scenarios for your future. They can identify potential pitfalls in your plans. 

HOW DO I FIND AN ELDER LAW ATTORNEY?

Some elder law attorneys are certified and some aren’t. The National Elder Law Foundation (NELF) sets the standards for elder law certification. A certified elder law attorney (CELA) has demonstrated experience and continuing education in the field of elder law. That being said, there are many qualified attorneys that practice elder law without that certification. 

You can find a CELA using NELF’s search tool. You can also review the National Academy of Elder Law Attorneys (NAELA) website. NAELA is a non-profit focused on supporting the profession of elder law attorneys.

Another way to find a good elder law attorney? Word of mouth. Ask people and care providers you know who they recommend. Friends, family, even your doctors might know a good elder law attorney.

If those options fail, call your local senior center. They often have a finger on the pulse of the community. The senior center staff hear the good, the bad, and the ugly from their visitors. They can tell you who’s worth calling and who to avoid. 

You may have to contact a few attorneys before you find the one that’s right for you. There are two main things that will determine this.

1. Whether the attorney has the skills to address your specific needs
2. Your comfort level when you speak.

Don’t discount number 2 on the list. You’ll be wading through some emotionally difficult terrain with this person. Make sure their communication style meshes well with yours. 

LOOK FOR AN EMOTIONALLY INTELLIGENT ATTORNEY 

Emotional intelligence is exactly what it sounds like. It’s being aware of emotions in oneself and in others. It’s also being comfortable wading into uncomfortable waters—ones that bring up a lot of feelings.

This is important because talking about major life changes, health challenges, and end-of-life issues aren’t easy. Someone specializing in elder law should be able to show compassion, patience, and empathy. 

You want someone who can put themselves in your shoes. This includes understanding that a layperson will not be familiar with the ins and out of legal ramifications.  Your attorney should explain legalese in terms you can understand, without talking down to you. 

 WHAT DOES AN ELDER LAW ATTORNEY COST? 
 

Before you meet with an elder law attorney, you’ll probably have a screening call first. This is where you give the attorney a brief synopsis of your situation and your goals. You may or may not have to pay for this screening call. Be sure to ask if there is a fee before you start.

If the attorney takes your call without charging a fee, they won’t give you legal advice. They will simply determine whether or not their skills meet your needs. If they can help, they’ll set up a time to meet. If you pay for the initial call, that establishes an attorney-client relationship. You should be able to get more specific advice. 

Whether you pay for the initial call or not, the next step is to review the projected cost of meeting with the attorney. Some attorneys offer pricing packages for certain services. Basic estate planning—wills, health care proxies, power of attorney—is one example. Others bill by the hour and will give you a range of what to expect to meet your needs. This fee should be agreed upon before any work gets done. 

Elder law attorney fees vary greatly across the country, services rendered, and experience level of the attorney.  You can bank on at least $300 per hour for most attorney services. Those fees can reach over $1000 per hour, especially in affluent or metropolitan areas. Packages such as setting up a trust, estate planning, and filling out Medicaid forms can reach several thousand dollars and beyond.

As costly as hiring an attorney can be, elder law attorneys can end up being a bargain. If the attorney can help you access all of the benefits you’re entitled to, their fees could pay for themselves in the savings you recoup.

TWO WAYS TO SAVE ON ELDER ATTORNEY COSTS 

Most people aren’t able to lay out thousands of dollars for attorney fees. 

One way to save at least a modest amount is to ask how much of the work can be billed to legal aids within the attorney’s firm. Some firms are conscious of trying to work within a client’s budget and may suggest this at the outset. 

A way to save more significantly is to find local agencies that provide free or reduced legal services for seniors. For example, Legal Counsel for the Elderly in Washington D.C. offers a range of services free of charge to qualifying elders. The Pro Seniors Legal Helpline in Ohio offers free telephone consultations for anyone over sixty. They offer referrals for more complex matters, often at a reduced rate. 

You can also search for legal aid services through the non-profit Legal Services Corporation.  They have a network of over 100 agencies that serve anyone who qualifies for their income threshold.

BONUS: ELDER LAW ATTORNEYS CAN HELP YOU FIND OTHER RESOURCES 

You’ll reap one more benefit if you work with an elder law attorney. Their network. 

Elder law attorneys have contacts in many service areas that seniors need. They know people in veterans’ services, home health care services, senior living facilities, social workers, and more. Anything that can cut through the red tape of accessing these services will make your life easier.

Have a move in your future? Trying to clear the clutter for your loved one? Give us a shout. We’re happy to help!