What would you say are the most important questions to ask an attorney in order to determine whether or not he/she is fully qualified/knowledgeable in elder law? I guess along with that, we would need to know the right answers to the questions! I have acquired some very helpful information here already, but I'm looking for a little guidance for the actual conversations. We're about to talk with two different attorneys so we can move forward with financial planning for our parents. Since their cash assets are low, we are seeking to qualify them for Medicaid or other financial assistance with home care initially and possible a memory care facility later (mother).
They do not have to be in your parents city either. Just licensed for MN.
I found such a firm and their website had extensive resumes for each of the Attorneys in the firm. That is how I found the Attorney I am using, and that my late parents had used.
Following your advice, it's reassuring to find law firms that appear both on this site and in the NAELA search. Thank you so much for your helpful direction!
I have found that preparing a background sheet listing assets, income, expenses, and important facts helps save a bit of initial time. Preparing an agenda with your highest priority questions also helps. But I find that no matter how well prepared I think I am, during any legal appointment I learn so much about what I didn't know that I wish I had prepared myself even better and didn't squander the time on questions that I could have learned about through some private reading time.
I have also found that paying "lump sum" for initial legal documents ("VA" and "Medicaid" focus) really saved in the long run. My father's original attorney has freely given me advice ever since, though I am very careful not to abuse that favor.
I have an attorney friend who grimaced at my inquiry about NAELA and CELA, saying that continuing education in elder law, and devotion to elder law in one's practice, speaks for itself and paying organizations fees yearly is a form of advertising. But honestly, I'd never have complex surgery without a surgeon being an appropiate "fellow" of his professional oversight body. Why should lawyers be different?
I'm very interested in this topic as I can learn a lot from LyndaJ's question!
As FF states, it's a good idea to get a multi-attorney (and multi-practice) law firm so that coverage is available is one attorney is not.
You can also ask about the number of paralegals for each practice area, what their training is, and what their responsibilities are. I've worked for firms that allowed participation in everything including an indirect form of negotiating, but others that required each paralegal to have even a letter approved by an attorney.
I'll eat some chocolate to spur my brain into action and think of some questions to ask when you interview attorneys.
If so they should explain ALL that is involved in that process. Record keeping, returning to court..
Are there assets? If so how will they be kept? Trust? Spend down?
And do not ignore your gut instinct!
Do you get a good feeling about the person you are talking to?
How did you get the names of these lawyers? Friends? If so how do they think they helped.
Are the lawyers Certified Elder Care Attorneys?
Also explore other resources, if your parent, either or both is a Veteran see if the VA can help. Contact the Veterans Service Commission, this is a free service. (although a lawyer can do the same work you will pay for the time it takes them to get the answers)
This journey is a bit intimidating and challenging, especially since I am in Alabama and the rest of the family is in Minnesota. My sister and I are having to conduct conference calls with potential attorneys. I would much rather have the benefit of getting an impression with a face-to-face meeting, but this is the hand we've been dealt.
I'm adding all of these considerations to my notes and can't thank you all enough for taking time to post your input.
(Mr. Heiser, I have read many of your articles/posts both on this site and on your website, and have found all of the information to be extremely helpful. As a start, we are definitely using your sample caregiver agreement to come up with a contract for my sister. Since we are behind in this process given the rapid change in circumstances, I'm grateful for the positive way you offer guidance. I will undoubtedly be adding your book to my reading list!)
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