As you search for the right elder law attorney for you and your loved ones, there are a variety of factors to consider – both legal and personal. On this page, we highlight some of the qualities that you may want to look for as you search for your elder law attorney to handle your longevity planning.
Keep in mind – for your own search, we recommend that you prioritize the qualities listed here based on how they apply to your unique needs, and then seek out an elder law attorney who can meet your needs.
1. Practice Focused on Elder Law
Divorce attorneys handle divorce cases. Personal injury lawyers deal with personal injury cases. Real estate lawyers handle closings. When you are looking for an elder law attorney, you need to find an attorney who only focuses on elder law. A leading-edge elder law attorney should be knowledgeable and experienced in two important separate but complimentary fields. The first area is the ability to create and put into action pre-planning strategies for asset protection. When you have time, there are more options to prevent losing everything if you become chronically ill and need long term care. The second area should be the ability to develop and implement crisis planning strategies to preserve quality of life in the face of the imminent need for long term care.
2. In-Depth Personal and Financial Assessment
Whether your circumstances involve pre-planning or crisis planning, your elder law attorney must have a complete personal and financial profile to be able to make reasonable and effective recommendations. Because each situation is so unique, your elder law attorney will often need to make suggestions that combine some elements of pre-planning with other elements of crisis planning. Elder law requires, among other things, a firm grasp on a wide range of legal matters including public benefits eligibility rules, incapacity planning, estate planning, and tax law. Without detailed information, the complexity of the issues involved in elder law would make planning impossible.
3. Guidance Through the Process
There are several steps needed when the elder law planning process is done well. As we talked about above, the first step would be an in-depth personal and financial assessment. That should be followed by your elder law attorney guiding you through and helping you understand what your options are to achieve your personal and financial goals. The next step would depend on whether your taking part in pre-planning or crisis planning. With pre-planning, your elder law attorney should focus on incapacity planning and asset protection strategies. With crisis planning, your elder law attorney should focus on preserving quality of life for you, your spouse, and your family.
4. Prompt Implementation
Before you engage an elder law attorney you have the freedom to procrastinate all you want about getting your affairs in order. But when you make the decision to move forward, your elder law attorney should have a sense of urgency with implementing the strategy decided upon. With pre-planning, there are some similarities to traditional estate planning. A reasonable time frame should be no more than 4 to 6 weeks to have your asset protection documents in place. On the other hand, with crisis planning, you do not have the same luxury of time. Carrying out the tasks involved with applying for Medicaid for long term care costs must happen much more quickly with deadlines that need to be met. You need to be sure that your elder law attorney understands these issues and takes them seriously.
5. Comfort and Convenience
Your chosen elder law practice should feel inviting from your very first visit. Who you choose for your elder law is a big decision, and so you should be made to feel comfortable in the process of making that decision. Your elder law attorney should be open to your questions and willing to address any concerns you have. Your elder law attorney should speak to you in easy to understand language not legalese. Expect nothing less. If you don’t feel at ease after your initial visit, it may be in your best interest to consider seeking a second opinion. In addition, look for an elder law practice that understands your time is valuable. Ideally, your appointment time should be just that – YOUR time.
6. Consultative Approach
Your personal situation is unique to you, and your elder law attorney should have the same attitude in creating your plan. There is not one single approach that fits every client. Your elder law attorney should be a partner in developing your plan, consulting with you, and evaluating your needs at every step, from your first visit and throughout the process. When you meet with a potential elder law attorney, pay attention to the amount of time he or she sets aside to answer your questions and concerns thoughtfully. Also note the questions that the elder law attorney asks about you. An elder law attorney who takes the time to get to know you is far more likely to design a plan for your individual needs. In addition, your elder law attorney should take the time to educate you on your options and considers your input in determining the path you ultimately choose. This is how a true consultative approach works.
7. Experience and Education
When it comes to your peace of mind, you should absolutely seek out an elder law attorney with the experience to address your individual needs and recommend the proper course of action. Some of the questions you can ask your potential elder law attorney include:
How long has he or she been actively practicing elder law?
How many clients has the elder law attorney worked with throughout his or her career?
How many clients has the elder law attorney treated with a case similar to yours?
And most importantly - Does the elder law attorney take continuing education classes to stay up to date with changes? You need an elder law attorney who shows dedication to and interest in their chosen field. When you select an elder law attorney, you want to be sure of a commitment to excellence. This is one way you can guarantee that your elder law attorney is applying the latest information in the field to your plan.
8. Access to Other Qualified Attorneys
There are times when you, a family member, a friend, or a neighbor might be involved in a thorny situation outside of the scope of elder law. The world at large, and the legal profession in particular, has become so complicated that no one person can know everything. Your elder law attorney should recognize this fact and have developed relationships with qualified attorneys, advisors, and consultants whose focus is outside the scope of elder law. This could come from outside sources for solo and small elder law practices or from within for larger practices. An elder law attorney who can be a resource to you in areas other than elder law can a very valuable asset to you.
9. How Much Should It Cost?
First of all, when choosing an elder law attorney, you should focus value not price. Taking the path of inexpensive will very likely not only fail to achieve your goals but will cost more down the road to repair if it can even be repaired.
You should immediately recognize the value of a working with a first-rate elder law attorney who starts by taking the time to get to know you, to review your financial profile, and to discuss your goals to develop options to meet your specific situation. And when those options are clearly explained and understood so can you choose the option that’s right for you, you’ll know you’ve come to the right place.
Certain tasks your elder law attorney takes on for you lend themselves to a flat upfront fee while others need to be billed by time. Of course, no one likes surprises when it comes to legal fees and hidden costs. Regardless of the fee structure, your elder law attorney should provide you with a client engagement letter that clearly describes the scope of what needs to be accomplished and the cost of the services to be performed.
10. Keeps in Contact
Many people mistakenly believe that elder law is an event. Fact is, it’s really a process. Pre-planning is effective when you have time on your side. Crisis planning is essential when you don’t. And, depending on your circumstances, there can be a great deal of overlap between pre-planning and crisis planning. Strategies that are effective at one point in your life can become completely irrelevant at another. And beyond the progression of your life, the laws and regulations governing taxes, trusts, estates, asset protection and business are frequently changing. A longevity plan that was set up in the past can be upended when new rules create an entirely different set of requirements.
Your longevity plan needs to be updated from time to time to address these changes. An elder law check-up every three to five years is advisable. To that end, your elder law attorney should have a mechanism in place to stay in contact with you on a regular basis to keep you informed and up to date. A very effective way for doing this is a monthly client newsletter.