Choosing An Elder Law Attorney – Determining The Right Questions To Ask

Recently I had the unfortunate problem of having to find an Elder Law Attorney for a problem that arose with handling my mother’s affairs. I found this article by Elder Law Attorney Kerry R. Peck that I wanted to share with everyone. It reads as follows:

If you or a loved one is in need of an elder law attorney, you need to find a litigation lawyer who is not only experienced in negotiating settlements and handling court cases, but also has experience in the specific laws that affect the elderly and their families. Not all lawyers are adept at handling the complexities of elder law issues, which frequently change and require specialized knowledge. You’ll also want an attorney who has the unique blend of respect and compassion needed to work with you or your loved one. Asking the right questions at an initial consultation can help you choose the right representation for your needs.

Most attorneys will give you an initial consultation for free over the phone or in person. Before committing to anyone, ask the following questions:

Do You Specialize in Elder Law?

It may seem obvious, but many people don’t ask this first, crucial question. There are firms that will say they handle elder law cases, but they may not have specific lawyers who specialize in the complex issues surrounding the legal needs of the elderly. Ask about the firm’s attorneys. Is there someone who is strictly a Medicare or guardianship lawyer? Chicago has numerous laws affecting the elderly and you’ll want someone who is up to date on the most recent changes affecting you and your family.

What Areas of Law Does Your Firm Handle?

There are many issues involving the elderly. Be sure to ask about the firm’s experience in a variety of areas. Keep in mind that while you may be looking for a litigation lawyer to represent you for a specific task, it’s likely that you’ll want him or her to continue representing you in the future as your legal needs change. Down the road, you may not need litigation expertise, but need a guardianship lawyer. Chicago attorneys can be adept at both as part of their elder law experience.

Some areas of expertise might include:
• Guardianship issues
• Medicare and Medicaid issues
• Social security and/or disability issues
• Estate planning
• Durable powers of attorney
• Long term care needs
• Elder abuse
• Living wills
• Preservation of assets
• Management of estates and trusts
• Age discrimination
• Retirement, survivor benefits and pension issues
• Competency and mental health issues

Are You A Member Of Any Relevant Organizations?

There are numerous organizations that focus on elder law issues. The best elder litigation lawyers belong to at least one of these organizations in order to take advantage of the many benefits of membership, including advocacy and research opportunities. Two organizations that focus on the unique needs of the elderly include The National Academy of Elder Law Attorneys, Inc, or NAELA, and the Special Needs Alliance. On the local level, ask if the law firm is an active member of the Area Agency on Aging or any equivalent group.

Are You a Super Lawyer?

The designation of “Super Lawyer” is a title granted to only the top 5% of all lawyers in a given area or expertise. Because Super Lawyers are chosen by their peers, this designation is especially impressive; it means that the elder law or litigation lawyer you are speaking to is a trusted professional that other attorneys will turn to when the need arises.

Do You Educate Others About Elder Law Issues?

If an attorney regularly gives lectures or has speaking engagements on various issues facing those 65 or older or is a litigation lawyer called upon to educate others through the Bar Association, you can be sure he or she has an in depth understanding of any issues facing the elderly. Look for attorneys who regularly teach others about retirement issues, estate planning, elder abuse, competency issues, and health care issues involving the elderly.

About the Author:
Kerry R. Peck is a litigation lawyer and the managing partner of the Chicago law firm Peck Bloom, LLC. Kerry concentrates his practice in Trust and Estate Litigation, Estate Planning, Guardianship and Fiduciary Litigation, and Elder Law. His clients include families, hospitals, banks, the State of Illinois, County of Cook, and City of Chicago.
Article Source: http://EzineArticles.com/?expert=Kerry_Peck

17 thoughts on “Choosing An Elder Law Attorney – Determining The Right Questions To Ask

  1. meloy

    If there is not any other alternative, you have to advise clients to litigate. But generally speaking my best litigation counsel would be to make an effort to stay out of the courthouse.

    Reply
  2. Damaris Bits

    Be sure that you do a lot of research when hiring a lawyer by checking with your state’s bar association. If the lawyer has any records of doing badly, you’ll be able to find it here. The attorney you choose should be professional and exhibit a strong sense of ethics.

    Reply
  3. Kenneth Gladman

    I think getting an elder law attorney is a great way to get help when dealing with complex situations. I like the advice to make sure that the attorney you hire specializes in what you need done. I would seek referrals if you can.

    Reply
  4. DavidRose

    Great Share!
    When a relative of an elderly person feels that the person is not being properly taken care of and that his or her interests are at risk, the relative may seek the aid of an attorney to help fight for the rights and interest of the elderly person. Thanks for posting 🙂

    Reply
  5. Michael Haslam

    Hey!

    Good Post.

    The elderly people have always needed support and help from the younger generation, mostly because with age comes numerous disabilities.

    Not all lawyers are adept at handling the complexities of elder law issues, which frequently change and require specialized knowledge.

    It’s important to choose the attorney who has knowledge and updates on latest law rules and regulations.

    Thank you for your amazing post

    I really appreciate your efforts for writing this post.

    Keep doing!

    Reply
  6. John R. McDonald

    Great Post,

    Elder Law Attorneys are legal professional who specialise in the area of law that focuses on representing, counselling, and assisting seniors or aged people in a variety of legal issues. He is the best person to approach when you face issues regarding elder law.

    This article is very informative and helpful in selecting the elder law attorney. The questions in the article are must to ask when we need to hire one.

    Thanks a lot for sharing and Keep sharing!!!!!

    Reply
  7. William Lyons

    Hi,

    Thanks for the this.There are a number of different situations in life that will require a person to seek out some legal help.

    The most important thing that you will need to figure out when going in for a consultation is whether or not the lawyer will be able to handle your cases.

    Regards
    William Lyons

    Reply
  8. Joseph Blanchard

    I have read your post. Thanks for such a nice post, its really informational.
    Everyone should keep in mind while looking for a lawsuit lawyer to ask regarding the firm’s experience in a division of areas.
    They are going to represent you for a precise task, it’s likely that you’ll want him or her to proceed to represent you in the future as your legal needs evolve.

    Reply
  9. care homes

    Receiving home health care helps to reduce unavoidable readmissions to the hospital, and studies have shown that patients recuperating from illness, injury, or surgical procedures heal more quickly and more successfully when recovering at home versus in a medical facility.

    Reply
  10. Rosie Taylor

    Hey,

    You have shared a great post.

    Estate planning lawyers can recommend comprehensive strategies to allow you to protect your assets as well as your wealth not only from being subject matter to high estate taxation but also from being lost if you become ill or incapacitated.

    Property planning attorneys can do this by allowing you to create trusts to protect your assets, or by allowing you to make appropriate plans for long-term care insurance.

    Thanks for sharing!

    Reply
  11. CharleneKral

    Elder law attorneys handle various legal matters that can harm elder people. I think your blog helps a lot for those elder persons who are in the search of elder law attorneys those help them in all legal matters. Thanks for such a nice blog.

    Reply
  12. Penelope Smith

    My grandmother is getting older, and she has been wanting to make sure she is secure legally. So, I liked that you pointed out that an elder law attorney can help with Medicaid issues, estate planning, and power of attorney. That is good for her to know because those are things that she really wants to be taken care of.

    Reply

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