Questions To Ask Elder Care Lawyer

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1. Can my loved one sign legal documents even with dementia? It depends. (How’s that for a lawyer’s answer?!).
2. What are the core planning documents I need? It is important for most people to have these documents. For people where dementia is at issue, it is even more important.
3. What is the single greatest threat to my financial security? The catastrophic cost of long term care is the greatest threat to the finances of people over the age of 50.
4. Are you (the lawyer) a certified specialist? The Florida Bar certifies attorneys as specialists in certain practice areas such as Wills, Trusts and Estates or in Elder Law or in Criminal Law.
5. Are there dementia-specific provisions for Powers of Attorney? Elder Law Attorneys include many provisions for dementia-specific and long-term care issues not found in typical powers of attorney.
6. Do my documents “ladder” successors or do they make use of co-agents? One of the greatest areas where powers of attorney, trusts and health care documents break down is when one agent is not able to act and the next person on the list tries to do so.
7. What is a “Lady Bird deed” and should I have one? A Lady Bird deed is a special kind of residential real estate deed which allows your property to pass to your children or other heirs immediately upon your death without normal costs, probate and court proceedings.
8. How much do you charge? It is absolutely appropriate (I would say necessary) to ask a lawyer how he or she charges before you retain the attorney. Every lawyer charges differently.
9. What should I do with my original legal documents? Your original legal documents should be kept in a safe, fire-resistant, water-resistant place. Be sure this place is known to and accessible by your children or other trusted agent(s).
10. How can I carry my health care documents with me? You may have the best documents ever but if they aren’t available when you need them, it may do you no good.
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Elder Care Consultation. This is a short list of three questions that you may want to ask when you consult with an elder care attorney. Contact our office if you are in need of elder care assistance. In addition to a highly qualified and experienced elder care attorney, we also have two geriatric care managers as part of our elder care team.

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Let’s look at some of the questions that you should ask your elder law attorney. 1.) What is the most important elder law issue? The most pressing elder law issue of our day is that of long-term care and the expenses that go along with it. Most senior citizens will eventually need help with their activities of daily living.

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Many elder law attorneys prepare will and trusts on a daily basis, but only a few really understand the Medicare and Medicaid systems and how to plan for long-term care, explains attorney Goldberg. Medicare is a federal medical insurance program for people over 65 years of age and for younger people with certain disabilities.

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If you have additional questions or concerns for an elder care attorney, contact the New York elder law lawyers at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment. Author.

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1. How does elder law differ from general law practice? Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care.
2. At what age should a person contact an elder law attorney? There really is no right or wrong age, but by age 60 you should start the planning process.
3. How much preparation is required on my part? We help address concerns and streamline solutions so there will not be issues with your estate and family later.
4. What about planning for a disabled or dependent child? If the child is receiving government benefits, we might want to set up a special needs trust so they won’t lose the benefits, but the money will be available for them.
5. How do I avoid probate? Some people will set up a trust. Some will just name beneficiaries. Some will choose to do nothing with planning details. Probate laws differ in each state and jurisdiction.
6. How do I avoid estate taxes? The new U.S. estate tax exemption now is $11.18 million per person, and a couple is entitled to a $22.36 million exemption.
7. How do I protect my assets? There is a myriad of options available. Each state is going to be specific, but you can give your assets away. You can put them in an irrevocable trust.
8. What about end-of-life care? We see people through the health process including setting up advance directives and a medical power of attorney. We ask lots of questions about life support and whether you want to be an organ donor.
9. Do you help with funeral arrangements? We help guide you by asking if you want to be buried or cremated; and if you have had more than one marriage, we ask which spouse you want to be buried with.
10. What about appointing personal representatives? We talk with you about who you want to serve as your representatives. Are they responsible and trustworthy?

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Whatever the situation, the attorney or law firm should inform the client of any charges to anticipate. Here is an example of how it works in one elder law firm: The firm will talk with a prospective client over the phone. As discussed above, the firm will not provide specific advice during this call but will answer more general questions.

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1. Why do I need an elder law attorney?
2. How many years have you focused your practice on elder law issues?
3. Why did you choose elder law?
4. How many clients have you had in the past five years with similar needs to mine?
5. What was the most challenging aspect of those cases, and what were the outcomes?
6. What percentage of your annual caseload involves elder law issues?
7. What elder law issues do you handle most often? Least often?
8. Are you accredited by the VA to handle Veterans’ claims? How many do you file each year?
9. What are your fees? (Be sure to get a fee schedule in writing.)
10. Can you provide references?

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I am seeing an Elder Law Attorney March 3rd. My husband is 88 and was diagnosed with AD in 2006. My health is not good . I am concerned about dieing before he does and not having a plan in place to care for him. He is aware and able to do most of his personal care. I believe he is capable of functioning in a PHC or an assisted living facility.

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What Questions Should I Ask an Elder Law Attorney? Other Questions. Long-term care is the big question, but there are other concerns that you may think of when you are preparing for your elder law consultation. Feel free to ask every question that comes to mind. Communication is the key to effective planning.

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Ask the Human Resources department to find out if legal services or legal insurance is provided as a company benefit. 7. Additional low-cost legal services for seniors If timely help isn’t available from organizations that offer free legal services or your older adult isn’t eligible, you may want to find low-cost or discounted legal help.

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Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage and more. Elder law attorneys can also help with decision-making documents and provide guidance on other legal issues for seniors. Here are a few questions to ask when hiring an elder law attorney.

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Elder law attorneys assist clients who are concerned about long-term care costs. You should certainly discuss this subject with your lawyer. When you do, you will learn about Medicaid planning and the pros and cons of long-term care insurance.

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Ask Questions First Ask lots of questions before selecting an elder or special needs law attorney. You don’t want to end up in the office of an attorney who can’t help you. Start with the initial phone call. It is not unusual to speak only to a secretary, receptionist, or office manager during an initial call or before actually meeting with

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Twyla Sketchley, an elder care attorney in Florida and head of that state’s NAELA chapter, recently shared this list of questions to ask before retaining an

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Cost of Elder Law Attorneys and Medicaid Planning There isn’t a clear-cut answer as to the cost of hiring an elder care attorney for Medicaid planning purposes. Some Medicaid lawyers offer free consultations, while others charge an initial consultation fee or offer Medicaid planning conferences that range in cost from approximately $175 – $500.

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Frequently Asked Questions

What questions do you want to ask an elder law attorney?

Before you ever pick up the phone and call an elder law attorney, it's wise to do some research of your own and know what questions you want to ask. See more healthy aging pictures . Many concerns and questions can arise as we grow older and approach the sunset years of life. Where will I live if I become too frail to take care of myself?

Is an elder law attorney worth the cost?

These are complicated questions and the answers will be different for each person. A reputable elder law attorney helps protect your senior’s legal and financial situation and helps you figure out how to pay for the care they’ll need. The fees are well worth it if they can save your family thousands of dollars and avoid future legal headaches.

How can an elder law attorney help me pay for caregiving?

Elder law attorneys will consider how you can meet the rising costs of caregiving. Consulting with a financial planner who is versed in elder law can also help you plan ahead to pay for the cost of care. How early you start planning may impact your options and how your future needs may be funded.

How do i choose an elder or special needs attorney?

The attorney/client relationship must be built on mutual trust and understanding. Ask questions about fees and services. Ask lots of questions before selecting an elder or special needs law attorney. You don’t want to end up in the office of an attorney who can’t help you. Start with the initial phone call.

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