Our attorneys are offering free consultations to answer any questions you may have about wills, trusts, estates, and long-term care. We will listen to any concerns and understand the goals you want to accomplish, so we can help you develop a customized plan that meets all your needs. Show [gravityform id=”4″ title=”false” description=”false” ajax=”false”] Contact UsServing New Jersey, New York, Pennsylvania, and Colorado LSNF volunteer and staff lawyers may provide counsel, advice or full representation to senior citizens in many areas of the law. In limited circumstances, LSNF may provide assistance with wills, and other simple estate planning, and some probate matters. Simple estate planning may include beneficiary deeds, powers of attorney, and health care directives. We may also provide assistance with guardianships for those who need protection. Each case is reviewed on its own legal merits for case acceptance.Apply for Services What is Elder AbuseElder Abuse is usually defined as abuse, neglect, or exploitation. Elder Law Resources SNAP Supplement & Online Purchases Stimulus Payments & IRS Stimulus Payment w/ a Payee Stimulus Payments & Nursing Homes Providers & Elder Advocates Florida Elder Law Risk DetectorThe Legal Risk Detector App is a FREE program developed with Pro Bono Net that service providers can use to screen seniors for potential legal issues. Referrals are sent directly to the Center for Elder Law & Justice once the assessment is complete. The app is a web-based legal health “check-up” tool that allows medical personnel, social workers, and other allied professionals to screen older adults, including home bound people, for common legal issues, including abuse and financial exploitation. Search NELF or NAELA to find a certified elder care attorney in your city or state. You can also visit NAELA for more information about elder law attorneys. As you search, remember that you’re looking for an impartial person who will keep your loved one’s best interests at heart.Elder law attorneys help seniors or their family caregivers with legal issues and planning related to aging. Elder law attorneys often assist with tax planning, disability planning, probate and administration of an estate, nursing home placement and many other legal issues. Most elder law attorneys also have professional relationships with social workers, geriatric care managers and other professionals who can assist with additional needs associated with aging. Here’s what you need to consider when looking to hire an elder law attorney. Elder law attorneys specialize in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation. A Certified Elder Law Attorney must meet licensing and other requirements, including specific experience in elder law matters and continuing education in elder law. However, if an elder law attorney doesn’t have the CELA certification, they may still be just as experienced or skilled as a Certified Elder Law Attorney. Many elder law attorneys specialize in Medicaid planning to help protect a person’s financial assets when they have Alzheimer’s disease or another debilitating illness that may require long-term care. Most elder law attorneys can also prepare estate documents, including a durable power of attorney for health and medical needs, and establish a trust for, say, an adult child with special needs. As you age, the legal issues that you, your spouse or your family caregivers face can change. For example, it’s important to have durable powers of attorney for financial and health needs in case you or your spouse becomes incapacitated. You might also need an elder law attorney to help transfer assets if you or your spouse move into a nursing home to avoid spending your life savings on long-term care. “Healthy people over 65 are in the best position to do more than having estate planning documents prepared,” says A. Frank Johns, a Certified Elder Law Attorney and principal partner at Booth, Harrington & Johns of NC PLLC in Greensboro, North Carolina. “They have the opportunity to develop a holistic strategy beyond the legal documents, which provides assurance that the family members and professionals they have assembled understand the principle of supported decision-making and how it will be implemented.” For example, an elder law attorney may focus on finding the least restrictive residential environment and making other health care and financial choices, says Johns. The same holistic strategy applies to the senior’s family members, but the elder law attorney must clarify who the client is from the beginning. An elder law attorney can also protect seniors with diminished capacity who are being victimized by personal and financial exploitation. What Can an Elder Law Attorney Do for You?Elder law attorneys can help with a long list of legal matters seniors often face, including:
FEATURED PARTNER OFFER Partner Offers feature brands who paid Forbes Health to appear at the top of our list. While this may influence where their products or services appear on our site, it in no way affects our ratings, which are based on thorough research, solid methodologies and expert advice. Our partners cannot pay us to guarantee favorable reviews of their products or services Call NowOn Medicare Enrollment's Website While you can hire an estate or trust attorney to handle some of these legal matters, those attorneys’ services are more transactional rather than ongoing, says Johns. “They prepare the necessary documents and once [they’re] executed, the client/lawyer engagement ends. They don’t practice in many of the areas which define elder law,” he adds. Elder law attorneys can also provide conventional estate planning if that’s all you want. However, an elder law attorney is trained to take a “holistic” approach. During a holistic consultation, an elder law attorney discusses ways to sustain the quality of your life and maintain stewardship of your legacy, says Johns. How Much Do Elder Law Attorneys Charge?The cost to hire an elder law attorney depends on which legal services are needed, the city or region in which you live and the level of the attorney’s experience and education in elder law. For conventional estate planning documents alone, the fee could range from a few hundred dollars to a few thousand dollars, depending on the complexity of the estate, says Johns. An initial holistic consultation for asset preservation could be free, or it could cost up to $1,000, depending on various factors, including standard prices for legal fees in your city or town. Other factors that can raise the fee include dysfunctional family members who create conflict, whether there’s significant wealth and whether there are family members with special needs, such as an adult with a disability, says Johns. After the initial consultation, the elder law attorney tells you what legal services they can offer and the fee associated with these services. The fee could be an hourly rate with a retainer fee or a flat fee. Because there are so many different people and family relationships, types of engagements and variations of fees and amounts, elder law attorney fees vary greatly, says Johns. Below is a range of fees and examples of how much you might pay for an elder law attorney’s services, depending on the legal services you need.
Tips for Finding the Best Elder Law Attorney for YouBefore you hire an elder law attorney, the National Academy of Elder Law Attorneys (NAELA) recommends first making sure you’re facing a legal matter that requires an elder law attorney’s expertise. If you’re unsure, consult your financial advisor, estate planning attorney or other legal professionals who can help you decide whether you may benefit from hiring an elder law attorney. To find an elder law attorney, search the National Elder Law Foundation or the National Academy of Elder Law Attorneys database to find a Certified Elder Law Attorney or elder law attorney in your city or state. Ask trusted friends and family members for referrals to a good elder law attorney they’ve hired. You can also get referrals from local agencies who work with seniors, including:
Before hiring an elder law attorney, ask about—and make sure you understand—the fee for the first meeting and subsequent meetings and legal services. Ask about the attorney’s areas of expertise and specialization and whether the attorney is board-certified in elder and special needs law. Also ask if the elder law attorney has any warnings, reprimands, disbarments or sanctions against them in your state or other states. |