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In a February 9, 2009 post entitled, “Elder Law: Seek Support Early On” I explained that it may be a good idea for you to seek the counsel of an Elder Law attorney if you have now officially taken over caregiving responsibilities for someone.

An About.com article provides some great information from “the Family Caregiver Alliance, a nonprofit advocacy group based in San Francisco” that explains that “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”

Prior to actually hiring an attorney, you should certainly do due diligence in determining who to hire.  The following is a list of some questions you may want to ask prior to officially hiring an attorney.

• Do you charge for a 1:1 consultation prior to my hiring you?  If so, what is the fee?
• How long have you been practicing law?
• Is Elder Law your specialty?  Please explain.
• What percentage of your practice is dedicated to Elder Law?
• How long have you been practicing Elder Law?
• Are you a Certified Elder Law Attorney (CELA)?
• Are you certified by the Society of Senior Advisors (CSA)?
• Are you certified by the National Elder Law Foundation (NELA)?
• How many cases have you handled that are similar to mine?
• Do you charge by the hour or do you have a fixed fee for a set of services?  What are your specific rates?
• Are you a member of the National Academy of Elder Law Attorneys (NAELA)?  If so, are you an active member?  Please explain.

The Public Broadcasting Service (PBS) in their “Caring For Your Parents” handbook stresses that you shouldn’t “wait until a crisis to find a lawyer who specializes in legal planning for elders.”  They encourage you to contact an attorney soon after you take on your role as caregiver to “help you avoid much aggravation and confusion.”

“If an elder’s income falls within certain guidelines, you may be able to receive help through the legal aid program from your local Area Agency on Aging or through volunteer lawyer programs of your local bar association. States offer legal assistance through the attorney general’s office.”

They suggest you look to the following resources for legal services:

The American Bar Association (state by state guide for attorneys, legal aid providers and other organizations) 

The American Bar Association Commission on Law and Aging (state-by-state list of legal service providers) 

The National Academy of Elder Law Attorneys (State-by-state guide for locating attorneys)