How do you find an elder law attorney? Many tip sheets suggest you get a free appointment and ask a lot of questions so that you can make your choice. The problem with that advice is that the best elder law attorneys do not give free appointments. They do not have time on their hands, their calendars are often full weeks in advance. Family members dealing with an urgent matter don’t have time to take off from work and go see two or three attorneys.
A little bit of advance preparation can make the process speedier and the result much more satisfactory.
First, identify why you are looking for an attorney. Are you a child of an aging parent who needs help with his or her daily matters? Are you considering a situation that might go to court, such as a parent who is facing utility shut off for non-payment but refuses any help? Are you investigating an health insurance denial of a procedure recommended by your parent’s physician? Have you run into the question “Are you the insured?” and you are calling from work?
Are you trying to get government benefits for in-home help such as Medicaid or Veterans Benefits for mom or dad? Was your parent injured in a senior apartment or nursing home? Does your family have a disabled child who lives with the parent and will need protection after the parent dies?
The point is not all elder law attorneys handle all matters. Here are things you can do to narrow down your choice before calling for an appointment:
1. Do not merely rely upon the recommendation of a friend or co-worker. While such tips are very valuable, the attorney may have met their needs but will not meet yours. Take the name into consideration and do further research.
2. It is a good idea to do your own research on your matter. While you should not expect to come to a complete answer, you will be more informed and can get more out of the appointment with the attorney. You will be able to ask informed questions and ask about alternatives.
3. Review the attorney’s website. While this is an obvious step it can answer many questions about the attorney’s experience and matters handled. Be “cynical” about any lawyer website that implies “we can do anything you need!!” Look for additional information about that attorney including: What professional associations does the attorney belong to? (See below) Do people at the local senior center or Area Agency on Aging know of the attorney? Do other “aging life” professionals know of the attorney?
4. Is the attorney member of an elder law association? This would include membership in the National Academy of Elder Law Attorneys (NAELA.org) or the State Bar Elder Law section. If you are considering Veterans benefits for an aging Vet look for membership in a veterans advocacy organization. Note that it is not sufficient if the attorney is certified for practice before the Veterans Administration. Why? Because any attorney can request admission and it will be granted. However, the VA does require proof of completion of continuing education classes after one year and that bears positive consideration.
5. Is the attorney certified in elder law? The National Elder Law Foundation’s (NELF.org) certification process includes years proof of experience in elder law matters, requires peer recommendations and the applicant must sit for an all day written exam. Less than half pass the test. Many State Bars associations offer their own certification process or will recognize other certification providers.
Upon making an appointment.
6. When you have identified an attorney or two, consider whether you will feel comfortable working with her or him. Not all attorneys have the same “bedside manner.” Some are very gregarious and seem to spend more time socializing than practicing law. Some are very analytical and can come off “cold and distant.” Some are “business persons” who seem to sell a “solution for your problem.” While any of the attorneys may be offering sound advice you want to feel comfortable working with him or her.
7. If after an appointment, you feel like the attorney did not listen to you or he/she recommended a course of action that doesn’t feel right for you, consider getting a second opinion.
8. In the final analysis when it comes to dealing with problems associated with aging, some informed action is better than none. That is true even if “the attorney is a jerk.” The alternative to timely protective action is lifetime probate of guardianship. While there are cases when involvement of the probate court in an elder’s life is a good thing, the truth is for most folks the significant time and expense is something to be avoided.
If you follow the above tips you should have a satisfactory experience with your lawyer.