An elder law attorney serves the legal needs of the aging community. Specifically, an elder law attorney may confront one or more of the following issues along with their client:
- Preservation/transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
- Medicaid and Medicare claims and appeals
- Supplemental and long term health insurance issues.
- Disability planning, including use of durable powers of attorney, living trusts, "living wills," for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incapacity.
- Conservatorships and guardianships
- Estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills and other planning documents
- Administration and management of trusts and estates
- Long-term care placements in nursing home and life care communities
- Nursing home issues including questions of patients' rights and nursing home quality
- Elder abuse and fraud recovery cases
- Housing issues, including discrimination and home equity conversions
Often, an elder law attorney will offer an initial consultation at no charge. Questions that one might discuss with an elder law attorney include:
- What is involved in regards to resolving the legal issue at hand?
- Are there any alternative courses of actions to be considered?
- How are fees computed?
- What is his/her estimate of the cost to resolve your problem and how long will it take?
- How often will the client be billed?
- Are there out-of-pocket expenses that the client should be prepared for?
- Is there a retainer?
- Will an agreement be signed?
Frequently, an elder law attorney is well informed about available social workers, psychologists and other elder care professionals who may be of assistance to their client.
