How to Choose an Elder Law Attorney

If you have an elderly parent recently diagnosed with dementia, Alzheimer’s disease, or other deteriorating health condition, you probably are feeling overwhelmed. You and other family members may well have all kinds of legal and financial questions during this difficult time. Fortunately, there are attorneys who specialize in the field of elder law. These professionals are able to provide valuable advice about guardianship, Medicaid applications, estate and asset protection planning, powers of attorney, and living wills should long-term care for your parent eventually be required. Finding a qualified attorney with experience in these matters and with whom your family feels comfortable is the first step.

Instructions

1. Ask friends, relatives, work colleagues, another attorney, or your parent’s primary care physician for a referral. You also can contact the senior legal services provided by your local Area Agency on Aging and ask them to recommend someone. Community legal aid agencies may be able to offer you assistance as well.

2. Contact the local bar association in your community and request a referral to a professional who has experience in elder law. The attorney should be able to answer your questions in regard to planning for your parent’s long-term care. Inquire whether he or she has knowledge in the areas of estate planning, Social Security, Medicaid laws and regulations, and Durable Power of Attorney for managing health care and any financial assets.

3. Inquire about the attorney’s previous experience in dealing with issues related to elder law. Ask questions you feel are necessary to help you feel confident in this person’s abilities. Never hesitate to ask for references. It may help you to know what percentage of the attorney’s cases are related to elder law. You will want to make certain that this person is the person best suited for the job.

4. Look for qualities such as compassion, courtesy, and attentiveness. Determine whether the attorney appears to be considerate and empathetic to the specific needs of older and disabled individuals. There is no doubt that you need this person’s legal expertise; however, because of the nature of the situation, he or she must be a caring individual.

5. Meet with more than one elder law attorney before you choose. After all, you are going to be sharing a good deal of confidential information with this individual. You will need the answers to some serious questions. Keep in mind throughout your search for a competent attorney that this person will be responsible for seeing to the best interests of your parent.

Tips & Warnings

• If you contact an attorney listed by a referral service, be aware that he or she need meet only minimum requirements and may have little experience in this field. You will want to hire an attorney who is both affordable and experienced in elder law.