Elder Law Attorneys
 What is an elder law attorney?
What role does an elder law attorney play?
When should an elder law attorney be contacted?
How do I find an elder law attorney?
Elder law attorneys focus on the special legal needs of older persons and persons with disability to protect their autonomy, quality of life and financial security as they age.
Most elder law attorneys do not handle all legal issues affecting the elderly.
It is important that you find out whether the attorney regularly handles matters
in the area in which you need assistance.
^ Back to Top
What role does an elder law attorney play?
An elder law attorney must be knowledgeable about both identifying and addressing the problems facing the elderly or disabled client. Issues that may be addressed include: (1) qualification for Medicare and Medicaid benefits or other public benefits; (2) effective estate planning, using durable powers of attorney, trusts, wills and other legal tools; (3) substitute decision making in the event of incapacity; and (4) planning for the possible need for long-term care for the disabled client. For example, a client who has a disabled spouse may wish to focus on issues that may arise in the event of the clients death. An elder law attorney may also draft durable powers of attorney and handle guardianship matters. The elder law attorneys job does not necessarily end with the preparation of required documentation. There may be a need to review your situation periodically to ensure that past solutions are suitable for today and in the future. Therefore, an ongoing relationship with an attorney may be appropriate.
^ Back to Top
When should an elder law attorney be contacted?
In the case of an elderly person whose health is declining or who has been
diagnosed with a debilitating disorder, an elder law attorney should be contacted.
If an elder law attorney is contacted at an early stage, there may be more options
available.
Following is a list of questions compiled by the New York City Department for
the Aging that can assist you in preparing for a visit with an attorney. The
goal of the questions is to establish the needs of the family as well as the
person who has Alzheimer's, the emotional environment of the family and the
availability of the family and others to assist in the future care of the person
with Alzheimer's disease.
Most of the questions can be answered without the advice of an attorney. Do
as many as you can and bring the results with you to your first attorney visit.
- Describe the current stage of the illness.
- What needs are being met?
- How well is the person with Alzheimer's able to care for him/herself?
- To what extent can he/she handle financial affairs?
- Can he/she live at home at present and how soon will assistance
in daily living activities be needed?
- Does he/she have any disabilities?
- Do insurance or entitlements cover the disabilities?
- What are the overall financial needs of this family member?
- Will he/she qualify for any federal or state benefits? Which ones?
- What needs do you (as the well spouse/child/friend) have as a caregiver?
Are you likely to become disabled?
- Who will look after the person with Alzheimer's in the event of
your disability or death?
- Are there other family members who must or should be provided for,
such as a child with a disability? What are their needs?
- How will others feel if the needs of the person with Alzheimer's
deplete the available resources? How will they react toward him/her?
- Are there other family members or friends who are willing to help?
On what basis? Do they have the time and necessary expertise? Can they be
trained to handle the problems?
- When naming someone to hold power of attorney or healthcare proxy,
can you trust the person to carry out wishes and/or act in the best interests
of the person with Alzheimer's?
- If no family member or friend can or will help, you may need outside
help. Who can help you? What will you have to pay for such help?
- What are your long-term goals for yourself and for the person with
Alzheimer's?
- What are the person's assets and liabilities? Carefully inventory
all assets, all sources of income and all liabilities.
Questions excerpted from: "Caring: A Guide to Caring for Persons with
Alzheimer's Disease," New York City Department for the Aging, Alzheimer's
and Long-Term-Care Unit.
Once you have located an elder law attorney and explained your particular situation, ask:
What will it take to resolve it?
Are there any alternate courses of action?
How many attorneys are in your office?
Who will handle my case?
Has that attorney handled similar cases in the past?
What proportion of your work involves matters such as this?
Is the attorney a member of the local bar association, the National Academy of Elder Law Attorneys or other professional associations?
How are fees computed?
What is his/her estimate of the cost to resolve your problem and how long will it take?
^ Back to Top
How do I find an elder law attorney?
An elder law attorney can be contacted either by referral from a trusted advisor
or by a close review of the attorney's credentials. You should consider the
attorney's activity in professional and community organizations as well as other
credentials.
Source:
National Academy of Elder Law Attorneys (NAELA)
^ Back to Top
|
