Choosing an elder law attorney: what they do, what to ask, and where to find one

What elder law attorneys do

They prepare powers of attorney, health care proxies, wills, and trusts; plan for and file Medicaid applications; protect a spouse at home; handle guardianship cases; and sort out nursing home admission agreements and estate recovery. A general practice lawyer can do some of this; the Medicaid parts are where specialists earn their fee, because the rules change and the mistakes are expensive.

When to call one

• A parent has been diagnosed with dementia and can still sign documents.
• The money will run out within a couple of years at the current rate.
• A married parent is heading for a nursing home and the other will stay home.
• Someone wants to give the house to a child or add a child to the deed.
• A nursing home wants a family member to sign as the responsible party.
• Nobody has a power of attorney and a parent can no longer manage.

Finding one

• The New York State Bar Association's Lawyer Referral and Information Service, 1-800-342-3661, refers by area of law.
• The Erie County Bar Association and neighboring county bars run their own referral services; the NYSBA page lists them.
• The Center for Elder Law and Justice in Buffalo provides free legal services to older, disabled, and low-income adults in Western New York, and runs a free senior legal advice helpline, 1-844-481-0973, weekday mornings.
• Each county Office for the Aging can point to free or low-cost legal help for people 60 and older.
• Your Cardinal advisor can suggest names families have been happy with. We do not give legal advice and do not take referral fees.

Questions to ask on the first call

• How much of your practice is elder law and Medicaid?
• Do you charge a flat fee for a Medicaid application, and what does it include? What about the documents package?
• Is the first consultation free or paid, and how long is it?
• Who in the office will actually handle our file?
• Have you handled cases with this county's Department of Social Services?
• What should we bring, and what should we not do before we meet?

About fees

Fees vary widely by task and by firm, and we do not publish ranges we cannot source. Ask for the fee in writing before work starts; New York's rules for lawyers include a statement of client's rights, and a written fee agreement is normal. A flat fee for a defined job is easier to compare than an hourly rate. Beware of anyone who guarantees Medicaid approval or who is not a lawyer but offers Medicaid planning for a fee.

Bring to the first meeting

• Any existing will, proxy, power of attorney, or trust.
• A list of assets: accounts, property, life insurance, long-term care policy, with rough values.
• Monthly income from each source.
• Anything given away or sold in the last five years.
• The family: names of children, who lives where, who is helping.