1. What is Elder Law?

Through the years, laws and regulations have become increasingly complex, and these laws frequently differ from state to state. Actions taken by elderly or Disabled people may have unintended legal effects, in that many of the issues which confront these persons are directly related to the age or disability status.

Attorneys that deal primarily with the Elderly or Disabled must have a broader understanding of these special situations in order to avoid future problems, or to enable the individual to determine the desired outcomes of his or her unique circumstances.

 

2. What are the most likely situations affecting the Elderly or Disabled which may be best managed by the Elder Law Attorney?

Some of the most frequent situations that confront the Elder Law attorney are:

 

• Preservation or transfer of assets in order to avoid undue hardship to a spouse or other family member when one spouse must enter a nursing home;
• Qualification for Medicaid benefits, or obtaining treatment to which an individual may be entitled.
• Social Security and disability claims and appeals.
• Supplemental and long term health insurance issues.
• Tax planning.
• Disability or incapacity planning through the use of durable powers of attorney or pre-need guardianships, living trusts, conservatorships(for financial management), and "living wills or health care surrogates (for health care decisions)
• Access to health care in cases of denied benefits by Medicare, Managed Care or other health insurance entities.
• Estate planning and probate.
• Management and administration of trusts
• Nursing home placement and issues (Patient's Rights and Quality of Care).
• Elder or Disabled abuse and fraud.
• Housing issues.
• Age or disability discrimination in employment or other situations
• Retirement issues (benefits, survivor benefits).
• Health or Mental Health Law.

 

3. Do all elder Law Attorneys handle all of these issues?

As in the practice of medicine, lawyers may "specialize" in certain areas of practice. To find out if your lawyer is able to serve you in the area you require, you must ask; if the attorney does not deal with a certain area of practice, he is usually more than willing to provide the names of other qualified lawyers who can.

 

4. How do I find an Elder Law attorney?

Before contacting an attorney, ask yourself, your family or knowledgeable friends (clergy, social worker, financial advisor) whether or not your particular issue actually does require the services of an attorney. It may be that your problem is more related to a medical or social services issue than it is to a legal situation. Legal expertise is expensive and it is to your advantage to know whether or not you actually need legal assistance before seeking out an attorney.

If you do decide that you require legal help, we suggest that you contact local agencies or lawyer referral services (free of charge through the yellow pages); often you may be able to get a referral list through such organizations as the Alzheimer's Association, AARP or local Area Agency on Aging. The Social Security Office, State Civil Liberties Union, State Insurance Commissioner, State of Local Bar Association, or Hospital. Nursing Home Social Service Department may also be of assistance.

Take the time to speak with more than one attorney in order to find one who can manage your particular issues, as well as with who you feel comfortable.

 

5. What questions should I ask when I contact the Lawyer's office?

You may wish to know

1. How long the attorney has been in practice
2. What are the specialty areas of practice
3. What percentage of the clients are Elderly or Disabled
4. If there is a fee for the initial consultation and, if so, how much it is.

 

6. What should I do when I meet with the attorney?

Be prepared to bring all the information you need that will help the lawyer work with you. This includes all documents and records related to your situation, and includes those items which may be "against" you, as well as in your favor. It is less time consuming for the attorney to know about any adverse issues at the outset, rather than having them come to light later on. The lawyer usually charges for services on an hourly basis, so time wasted on matters which change the whole essence of your case will ultimately be paid for by you.

 

7. How much does it cost?

There are many different ways of charging fees, and each attorney may choose to work in a different manner. Ask the attorney for a copy of the fee schedule, and verify which items are "billable"- for instance, most lawyers usually charge for telephone conferences, even though it may not be a long distance or toll call.

In addition to fees, most attorneys will charge "out-of-pocket" expenses for items like photocopies, postage and messenger fees, court fees, toll calls, etc. Ask specifically about these items.

An attorney may also request a "retainer". This is money paid before the attorney starts working on you case. The retainer is usually placed in a trust account, and each time that your are billed, the attorney pays himself or herself out of the account. Expenses may also be paid directly from the trust account. The size of the retainer may range from a small percentage of the estimated cost, to the full amount. In many cases, the total fee will be higher that the retainer.

 

8. I am on a fixed income such as Social Security or Disability. What if I can't afford a lawyer?

Some lawyers do a certain amount of "pro bono" work for clients who may not be able to afford their services. When you make your initial (phone) contact with the attorney's office, tell the contact person your situation if you will have difficulty paying for the service. Ask if the lawyer does "pro bono" or sliding scale fees ( sliding scale is based on your own actual income and assets, and is usually considerably less that the standard fees).

If you have difficulty finding a good attorney that you can afford, you may benefit from the Legal Aid service in your area (see listing in the yellow pages). The attorneys that work for legal aid are well qualified and fully licensed to practice, and will accept either indigent or low income clients. Please note: to qualify for legal aid services, you must meet very specific income and financial eligibility guidelines!

 

9. What else should I know?

Always get the fee agreement in writing: the documentation may be as simple as a letter, or as complex as a formal contract. It should spell out what services the attorney will perform for you and what the fee and expense arrangement will be. Even if you agreement is "oral" and is not put into writing, you have made a contract and are responsible for all charges for work done by the attorney and his/her staff.

Copyright © 2002 Law Firm of Raymond L. Parri, P.A., All rights reserved.
Last modified: 11/23/04