Description: Elder Law is a relatively new and fast growing field of law that deals
with specific legal issues faced by the elderly population. It is important for
attorneys dealing with the elderly to have a unique understanding of the laws that
may have an impact on their situation. Elder law combines elements of estate
planning, trusts, wills, conservatorships, guardianships, healthcare planning
including Medicare, Medicaid, Social Security, supplemental and long-term
insurance policy issues. In addition they focus on disability planning including use
of durable powers of attorney, living trusts, living wills and other means of
delegating management to another in case of incompetency or incapacity. Under
this holistic approach, the elder law practitioner brings a knowledge and
understanding of the elderly that works to ensure the elder's right to quality care.
Selecting: Ask a lot of questions before selecting an Elder law attorney as most
do not specialize in every one of the specific legal areas. Some questions might
be "How long has the attorney been in practice?" and " What percentage of
his/her practice is devoted to elder law?" and "What elder law matters he/she has
handled in the past and currently?" It is important that you hire an attorney who
regularly handles matters in your area of concern and knows about the other
areas of law that might impact this decision. It is also equally important to choose
an attorney who you are comfortable talking with and who seems to share an
empathy of the elder's real life problems.
Benefits: Elder law attorneys have a broad understanding of the laws that may
have an impact on your situation and may help you to avoid problems in the
future. They bring an expertise in an area of law and an understanding of elderly
concerns that allows for appropriate planning. They are tied to other professionals
such as social workers, psychologists, and eldercare specialists who may benefit
you as well.
Fees: The method for charging fees will vary widely among these attorneys and it
is necessary to be aware of how the attorney you are considering to hire charges.
Some charge by the hour, others have a flat fee, and still others might use a
combination of these billing methods. In addition, most will charge you for
out-of-pocket expenses and some may ask for a retainer which is money paid to
the attorney prior to working on your case and then placed in a trust account for
later expenses. Whatever the fee plan decided upon with the attorney you are
hiring, ask that your arrangement be put in writing.
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