Finding An Elder Law Attorney

Elder law encompasses many different categories of law. Most people think of Medicaid eligibility or estate planning, but it also includes durable powers of attorney that allow transfers of assets under the law. Along with that, it requires knowledge of HIPAA forms to allow family members to speak with your doctor, living wills so your chosen person can make medical decisions if you cannot, and living trusts that can be revocable or irrevocable. Other matters are Veterans Administration programs for care, social security and disability claims and the Connecticut Homecare Program for Elders. And when all is said and done, probate and inheritance tax filings may be necessary.

The experienced elder law attorney will have a sound knowledge of all these subject areas, and whether or not they apply to your family’s situation. In addition, the attorneys practice should include broad experience dealing with homecare providers, assisted living facilities, and as a last resort, nursing homes. With that experience, an elder law attorney can not only advise on which setting is more appropriate for your loved one, but can speak with the intake people to determine when a spot may be coming open. For homecare, there are many good choices in Connecticut and an experienced elder law attorney will know who to call to discuss assisting your loved one.

Preplanning is a critical component of elder law services. That will always include the basic documents of power of attorney, living will, HIPAA forms and wills. Depending on martial status and children’s situations, it may also include revocable or irrevocable trusts, both to protect assets if long term care is needed, and to pass on assets to those you wish upon your passing without going through probate.

Elder law attorneys have a knowledge of the problems that arise with aging, and are not sidetracked by myths about aging and competence. Sometimes problems are purely physical or mental, and in the worst cases they are both. Knowing who to refer clients to for medical, psychological and in home care is a very important factor to develop a care plan for your loved one.

It is sometimes jokingly said that an attorney who occasionally does a will might claim to be an elder law attorney, but local referrals can be obtained for the families of aging parents, the Alzheimer's Association, the Connecticut Bar Association, and hospitals and social service agencies. An elder law attorney will likely belong to the Bar Association Elder Law Section and the National Academy of Elder Law Attorneys. For those who extensively handle getting homecare, the Life Care Planning Law Firms Association, is a group of law firms that have social workers and care advisors, called Elder Care Coordinators, who can size up the care needs, figure out if that care can be at home if at all possible, and know all the providers of homecare in the geographical area your loved one lives in.

Typically an elder law attorney will have an initial meeting to obtain the critical facts relating to care needs, living arrangements, family members situations, and of course, assets and income of the spouse needing care and the healthy spouse. For example, if the elder person has a disabled child, it may be possible to transfer assets to that child and qualify for Medicaid. And for almost any typical family in Connecticut (not people with multi- millions) it is usually possible to get Medicaid to pay for care for the “sick” one, and preserve the assets for the healthy one. This is because the federal and state laws have provisions to prevent the healthy spouse from being driven into poverty.

In summary, ask your friends and relatives who they have used when faced with the difficult family care decisions. Add that the recommendation of social workers and that may be very helpful in making the initial call. Then, after the first meeting, you can decide if the elder law firm you met with has the depth and breadth of experience and the staff to handle your family’s needs.