How to Hire an Elder Law Attorney

(LifeWire) - If you or your loved one has Alzheimer's disease and legal and financial issues seem overwhelming, hiring an expert called an elder law attorney can help everyone in the family make better-informed decisions. However, simply finding a knowledgeable and trustworthy elder law attorney can become a project in itself, especially when an illness like Alzheimer's has occurred and emotions are running high.

According to the Family Caregiver Alliance, a nonprofit advocacy group based in San Francisco, an elder law attorney should be able to help sort out a number of complex issues including:

• Medicaid
• Social Security
• Trusts
• Conservatorships
• Durable power of attorney
• Tax planning
• Healthcare contracts

Elder law attorneys have specialized knowledge that a personal attorney may not have. The legal issues facing your family will determine not only whether you need an elder law attorney, but also whether you need a lawyer at all. If you do hire an elder law attorney, keep in mind that the person is representing the interests of the older person who has Alzheimer's disease.

Finding the Right Elder Law Attorney

Personal referrals from friends and neighbors are usually a good start. The Alzheimer's Association, the AARP, and other organizations have resources listed on their websites to find an elder law attorney based on your location.

But a referral doesn't tell you everything. To find a good match for your loved one's specific needs, according to the National Academy of Elder Law Attorneys (NAELA), you should speak with the lawyer directly. Ask questions such as:

• How long has he or she been practicing?
• Is elder law the person's specialty?
• How much of the person's practice involves elder law?
• Is there an initial consultation fee?

Most lawyers will have no problem answering these kinds of questions. If someone tries to brush these off, it may be a sign of a poor fit. If you are uncomfortable with the answers you get, keep looking. You want to start off with someone who you feel has the experience and knowledge to keep your loved one's best interests in mind.

Lawyers' fees vary widely. Some may charge by the hour, while others may charge a specific fee for a set of services. Discuss fees before hiring an elder law attorney and make sure you get an agreement in writing.

Organize Important Information

Once you have found an attorney with whom you are comfortable, you will need to begin assembling information to resolve your legal issues. The Family Caregiver Alliance and other caregiver organizations have put together lists of information and documents you may need to bring to your attorney's attention, such as the following:

• List of major assets, including real property, stocks, cash and valuable objects such as jewelry
• List of all major debts
• Copies of deeds, stock certificates, mortgages and the like that show ownership names of the assets and how the titles are held
• Any major contracts the person may have signed
• Copies of wills and/or powers of attorney
• List of bank-held assets, such as cash, CDs, and safe deposit boxes

Keep Family Members Informed

To avoid family conflict and possible legal trouble, many eldercare experts say it's best for the caregiver to keep other family members informed. Given that end-of-life issues can be such loaded financial and emotional situations, you can't be too careful about telling everyone what you plan to do and how you plan to do it.

• Legal Issues and Alzheimer's Disease
• Paying for Alzheimer's Care: Public and Private Insurance
• Government Assistance for Alzheimer's Care
• Alzheimer's and Caregiving Organizations
• How To Have a Family Meeting

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