Finding the right attorney becomes increasingly important as people age. Estate planning and long-term care needs are something many seniors start to think about, especially after they retire. By having an attorney who understands elder law and risks facing seniors, you can ensure your finances and estates are protected. Each elder law attorney has their own specialization, so seniors or those caring for them should conduct research to ensure the attorney can help with their unique situation before deciding to work with one. Asking the right questions can help you find an attorney who understands the specific issues you are facing and can adequately provide for your needs.

An experienced elder law attorney should be able to help with these common senior issues:

  • Social Security and disability claims.
  • Medicare and Medicaid claims.
  • Tax and estate planning.
  • Elder financial planning.
  • Elder abuse and fraud claims.
  • Creating living wills and trusts.
  • Handling probate and estates.
  • Age discrimination cases.
  • Long-term care placement and issues.

This list is not exhaustive, and each attorney will have their areas of expertise. Knowing what areas of senior law an elder law attorney specializes in can help you decide if they are the right person for the job.

      1. Are you certified in elder law by [state] bar association or a national bar association ?
      2. How much experience do you have working in elder law ?
      3. Do you specialize in only one area of elder law or several ?
      4. In what area of elder law do you frequently work ?
      5. How frequently do you handle cases like mine ?
      6. Can you describe your familiarity with [state] and federal elder laws ?
      7. Are you up to date on the latest Medicaid and Medicare laws ?
      8. Will you oversee my case or will it be delegated to another attorney or group of attorneys ?
      9. Have you ever had disciplinary action taken against you by your state bar association ? If yes, when and for what ?
      10. What are the training requirements for any paralegals who will participate in my case ?
      11. What are your fees ?
      12. Do you have informational material you can offer related to my case ?

    Understanding Elder Law Attorneys and Their Role  

    Choosing the Right Attorney  

    • Not all elder law attorneys have the same expertise.
    • Seniors and caregivers should determine the attorney’s specialization.
    • Asking the right questions ensures a good match for legal needs.

    Avoiding Scams & Fraud  

    • Some individuals, including attorneys, may try to scam seniors.
    • Seniors are often targeted due to vulnerability.
    • Common scams involve:
      • Manipulating seniors into sharing personal or financial information.
      • Charging high fees without providing sufficient legal services.
    • Asking thorough questions helps in selecting a trustworthy attorney.

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    Importance of a Trustworthy Attorney  

    Why Trust is Crucial 

    • Attorneys handle sensitive personal, financial, and legal matters.
    • Many seniors maintain a relationship with their attorney until death.
    • A trusted attorney acts as an advocate in decision-making.

    Challenges Seniors Face 

    • Aging may lead to cognitive decline, affecting financial and legal decisions.
    • Attorneys often manage:
      • Banking information
      • Estate planning details
      • Wills and trusts

    The Attorney’s Role 

    • Provides guidance on legal and financial matters.
    • Helps navigate Medicare, estate planning, and other senior-related issues.

    Key Legal Areas in Elder Law 

    Estate Planning 

    An elder law attorney assists with: Advance Directives – Outlines medical preferences when communication is no longer possible.

    • Power of Attorney – Appoints a trusted individual to make financial decisions.
    • Health Care Power of Attorney – Assigns someone to make medical decisions (separate from financial decisions).
    • Wills – Specifies how assets are distributed among heirs.
    • Living Wills – Details emergency medical treatment preferences.
    • Estate Tax & Gifting – Plans for potential tax burdens and strategic gifting.

    Probate 

    • Legal process for distributing assets per a will.
    • A clear will can simplify and expedite probate.
    • Rules vary by state, making an experienced attorney essential.

    Retirement & Financial Planning 

    • Attorneys assist with 401(k)s, IRAs, and retirement distributions.
    • Helps create long-term financial plans for post-retirement.

    Guardianship  

    • If a senior becomes incapacitated, a court may appoint a guardian.
    • Attorneys help:
      • Plan guardianship in advance.
      • Advocate for a trusted guardian when necessary.

    Social Security & Government Benefits  

    • Navigating Social Security and disability benefits can be complex.
    • Attorneys help with:
      • Filing claims and appeals.
      • Understanding benefits eligibility and timing.

    Long-Term Care Planning 

    • Assists with choosing between independent living, assisted living, or nursing homes.
    • Helps clients secure long-term care insurance.
    • Advocates against age-related housing discrimination.

    Medicaid & Medicare

    • Ensures seniors comply with Medicaid/Medicare regulations.
    • Assists in claims and appeals for denied benefits.

    Elder Abuse & Fraud Protection  

    • Attorneys help prevent and seek justice for:
      • Physical or emotional abuse in care facilities.
      • Financial scams targeting seniors.

    Veterans Benefits 

    • Many seniors are veterans eligible for benefits.
    • Attorneys assist with:
      • Filing claims for medical care and disability benefits.
      • Appealing denied claims.

    Age Discrimination  

    • Seniors in the workforce may face illegal age discrimination.
    • Attorneys help file discrimination claims and advocate for fair treatment.

    Special Needs Trusts  

    Provides financial support for disabled dependents while preserving eligibility for government assistance.

    Asset Protection  

    Attorneys help protect seniors’ assets by:

    • Shielding assets from creditors.
    • Ensuring eligibility for benefits programs.
    • Preventing financial loss due to cognitive decline.

    Here are 12 questions and reasons to ask them before hiring an attorney to handle any elder law needs:

    1. Are you certified in elder law by [state] bar association or a national bar association ?

    Asking this question can tell you if an attorney has the legal right to take law cases in your state. Because the law varies so much by state, it is important to ask a potential attorney if they are certified specifically in elder law by the state’s bar association. They may also be certified by a national bar association in addition to having their state certification.

    2. How much experience do you have working in elder law ?

    The experience an elder law attorney has can determine their ability to help their clients. A more experienced professional will understand how to work with cases related specifically to issues common among seniors, such as receiving payments for retirement benefits or handling abuse situations. Knowing examples of the work performed but an attorney who specializes in elder law can help you decide if they have the knowledge and experience to meet your needs.

    3. Do you specialize in only one area of elder law or several ?
    Because there are so many areas of elder law, it is important to know if an attorney specializes in a certain aspect of the law involving seniors. This can determine whether the attorney has the right skills to work with you or your loved one. It might be beneficial to have an elder law attorney who has knowledge of multiple areas of elder law because they can help with a variety of needs, including the review of financial plans, creation of legal documents, and estate planning. They can provide guidance for end-of-life planning and distributing assets as well, depending on their knowledge and experience.

    In general, seniors need to get specific with an attorney about their needs. This is the best way to determine whether they have the skills and specialization to help them achieve their goals. Someone who has issues getting their veterans benefits should find an attorney who has experience working with the U.S. Department of Veterans Affairs. In comparison, a person who needs a will and power of attorney documents may not need an attorney with that area of specialization. The attorney’s areas of expertise need to match the needs of their clients.

    4. In what area of elder law do you frequently work ?

    This question can help you learn what area of elder law the attorney has the most familiarity. An elder law attorney who primarily handles Medicare and Medicaid issues may not have the experience to take on an elder abuse case. Each attorney will have their specialties, and within those, they may specialize even further to mainly work on one type of case or with a single issue that seniors face, such as fraud claims. They may also be a great source of referrals to other attorneys that may be better suited for your specific needs.

    5. How frequently do you handle cases like mine ?

    It is good to know how frequently an attorney has worked on cases similar to yours. An elder law attorney may still be a good candidate even if they do not work on similar cases frequently if they have a lot of experience and have worked on similar cases in the past. However, an attorney who has no experience with similar cases may not be the best fit.

    In asking this question, you can judge the experience level of the attorney and how well they know their profession. You should have some familiarity with your own case, so you may gain confidence in the attorney based on their answer. If an attorney cannot answer this question or if the answer does not match what you already know, it could be a red flag that the attorney is not familiar with relevant laws.

    7. Are you up to date on the latest Medicaid and Medicare laws ?

    Millions of seniors rely on Medicaid or Medicare to supplement their medical costs, so a good elder law attorney needs to stay up to date on issues surrounding Medicaid and Medicare. These are both government programs, so they can be challenging to work with when seniors need help. Some seniors may be at risk of losing their benefits while others could be struggling to get coverage. Knowing the current laws and regulations can help an attorney navigate a case and find solutions.

    8. Will you oversee my case or will it be delegated to another attorney or group of attorneys ?

    An attorney with a large practice may delegate some of their cases to another attorney or group of attorneys they work with. A senior needs to know who will oversee their case because they may not want to work with a large firm, preferring a more individualized approach. However, working with a larger attorney’s office provides the benefit of using the resources and talents of more people. These agencies can potentially match a case to an attorney who can work it successfully.

    9. Have you ever had disciplinary action taken against you by your state bar association ? If yes, when and for what ?

    You can ask your potential attorneys about disciplinary action against them to learn how they handle themselves and better understand their reputation. An attorney with several marks against them could have a bad reputation, meaning that they are not well-liked in the community. This could have a detrimental effect on a case. If an attorney had disciplinary action taken against them early in their career but has avoided this for many years, it may be nothing to worry about. More recent disciplinary action could be a bigger concern, and you should inquire about the reason for the infraction.

    10. What are the training requirements for any paralegals who will participate in my case ?

    Many attorneys use paralegals to help them prepare for cases and keep materials organized for when they appear in Court. Asking about training requirements for paralegals gives you insight into how well your case might be handled. Paralegals should have certification and education directly related to senior issues. Attorneys should tell potential clients the specific number of training hours paralegals need to work a case.

    11. What are your fees ?

    It is important to know exactly what an attorney charges for their services. A written fee agreement that details charges for specific services can provide clarity so there is no confusion when a bill is due. This agreement should also detail policies regarding emails, telephone conversations, after-hours communication, and in-person or online meetings, as these factors can cause confusion when it comes to how they are billed and the rate.

    Some attorneys charge:  

    • Flat rates : A flat rate is an amount due to an attorney for their services regardless of the outcome of the case.
    • Hourly rates  : Some attorneys charge an hourly rate that is due for every hour they work on the case regardless of the outcome.
    • Contingent rates : Contingent rates are those that only get paid if the attorney successfully wins or settles the case and are typically a percentage of the awarded amount.
    • Mixed rates : An attorney may charge mixed rates, where some services are billed by the hour but they still take a percentage of the total award if the case is successful.

    12. Do you have informational material you can offer related to my case ?

    An elder law attorney will have access to information about current elder laws that apply to cases their clients bring to them. Try to request as much information as you can get, as it can be difficult to remember everything discussed when speaking to an elder law attorney for the first time. Attorneys should happily provide you with the information they have that relates to your case or be willing to direct you to resources where you may obtain additional information. The more information an attorney offers, the better prepared they are to understand your needs.

    Sources:

    Advance Care Planning: Advance Directives for Health Care. Retrieved from
    https://www.nia.nih.gov/health/advance-care-planning-advance-directives-health-care

    American Bar Association. Power of Attorney. (2023). Retrieved from https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney/

    American Bar Association. Giving Someone a Power of Attorney for Your Healthcare (multi-state and form guide). (2023). Retrieved from https://www.americanbar.org/groups/law_aging/resources/health_care_decision_making/power_atty_guide_and_form_2011/

    National Institute on Aging. Preparing a Living Will. (2023). Retrieved from https://www.nia.nih.gov/health/preparing-living-will

    American Bar Association. The Probate Process. (2023). Retrieved from https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/the_probate_process/

    Eghrari Wealth Training Law Firm. How Elder Law Attorneys Help You Save for Retirement. (2023). Retrieved from https://www.myestateplan.com/how-elder-law-attorneys-help-you-save-for-retirement/

    Investopedia. Understanding a Special Needs Trust and Its Benefits. (2022). Retrieved from https://www.investopedia.com/terms/s/special-needs-trust.asp

    American Bar Association. Asset Protection Planning. (2023). Retrieved from https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/asset_protection_planning/

    Cornell Law School. attorneys fees (or attorneys’ fees). (2023). Retrieved from https://www.law.cornell.edu/wex/attorney%27s_fees_%28or_attorneys%27_fees%29

    Cornell Law School. contingency fee. (2023). Retrieved from https://www.law.cornell.edu/wex/contingency_fee

    Meta description: Finding the right lawyer to help seniors with their specific issues means knowing the right questions to ask. Consider these 12.