How to Choose the Right Elder Care Attorney: Key Questions to Ask
There is likely more than you think to choosing the right elder care attorney.
Have you ever thought about an Elder Care Attorney? With more than 29 areas of legal specialties, there are lawyers for everything. Some of the most popular television shows for decades have featured criminal attorneys. You probably know about, though may have never needed, a criminal attorney, tax attorney, bankruptcy attorney, or international law attorney. If you own a business, you likely have an attorney who specializes in business or corporate law. And with the divorce rate so high, you probably know someone who could recommend a Family Law Attorney.
One area of specialty that you may never have heard of is Elder Care Law. And you’re not alone. Most people don’t know about what an Elder Care Attorney is…
I find it ironic since this area of law is one that virtually every adult 18 and older should know about and would be best served by knowing how to choose an Elder Care Attorney. As the name suggests, an Elder Care Law Attorney defines their practice not by the kinds of legal problems they handle, but by the type of people they help.
With any luck, you will get to experience life as an elder. And, with thoughtful planning provided with an experienced and reputable Elder Care Attorney, your elder years should be a time of comfort and safety.
What Elder Care Attorneys Do
Elder Care Law attorneys focus on the legal issues that affect older people and their families. We help with a variety of areas including: Estate planning; Asset protection; Obtaining government benefits; Health care decision making; Planning for retirement; Disability planning; Home care; Assisted living; Nursing home care; Veterans benefits; Financial and healthcare powers of attorney; Living wills; Pre-need guardian declarations, and more.
Working with an Elder Care Attorney offers the whole family several advantages.
First, Elder Care Attorneys have experience communicating with and working with elder clients and their families on interrelated legal and non-legal issues. Second, Elder Care Attorneys have working knowledge of the professional and community resources, both public and private, that are available. Third, a reputable Elder Care Attorney has the expertise to prevent and solve problems in the following areas:
- Paying for Health and Long-term Care: Planning for and assisting with obtaining Medicaid, Medicare, and veterans benefits for those living at home or in an assisted living or nursing home.
- Insurance: Counseling and representation concerning health, medigap, long-term care, prescription, disability, and life.
- Planning for Disability: Advice and drafting of financial and health care powers of attorney and living wills.
- Fiduciary Representation: Seeking the appointment of and advising guardians, conservators, trustees, executors, representative payees, and those acting under powers of attorney.
- Legal Capacity Counseling: Advising how capacity is evaluated and the level of capacity required for decision-making and representing those who are the subject of guardianship or other protective care.
- Elder Abuse: Preventing and remedying abuse, neglect, and financial misappropriation
- Retirement Planning: Maximizing Social Security, pension, IRA, 401(k), 403(b), and retiree health benefits.
- Housing: Counseling concerning continuing care retirement communities, assisted living facilities, home equity conversion, and living with family members or other loved ones.
- Residents Rights Advocacy: Counseling and representation concerning admission contracts, quality of care, and transfer and discharge from facilities.
- Estate Planning: Wills and trusts and minimizing estate and income taxes on IRAs, 401(k)s, and 403(b)s.
Many attorneys say they practice elder law. Here are questions that will help you find an experienced and reputable Elder Care attorney for your specific circumstances.
Tips And Questions When Looking To Hire An Elder Care Attorney
Specialization: Look for an attorney who specializes in Elder Care Law and Medicaid planning. Some Elder Care attorneys have a specific focus within the field, such as Medicaid and VA planning.
Experience: Ask about the attorney’s experience in Elder Care Law and how long they’ve been practicing.
Fees: Ask about the fee for the initial meeting and subsequent meetings, as well as how the attorney bills clients.
Board certification: Ask if the attorney is board-certified in elder and Special Needs Law.
Warnings or sanctions: Ask if the attorney has any warnings, reprimands, disbarments, or sanctions against them.
Referrals: Ask family, friends, or trusted professionals for a referral.
Consider the attorney’s communication, responsiveness, and respect.
As an established Elder Care Attorney, I help maximize the independence and quality of life of elders. Planning for this stage of life can begin at any age and in my opinion, the sooner the better. If you are interested in helping your family best utilize and protect your life savings while also making sure that you receive whatever help and care you may need in ways that best utilize all available resources, yours and whatever government resources you can, give my office a call at (470) 235-7868 today. Let’s discuss how we can help you and your family.
Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!