Finding an Elder Law Attorney

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Individuals with a diagnosis of Alzheimer's disease or a related disorder, and their families, are frequently told to plan for the future. Taking care of legal and financial planning when the diagnosed person is in the early stages gives the diagnosed person the ability to make their own arrangements and can save possible difficulties in the future as the disease progresses. Elder Law Attorney's specialize in many areas of the law that are of concern to older adults. According to the National Academy of Elder Law Attorneys some of the areas that elder law attorneys have experience with are: Disability planning, including use of durable powers of attorney, living trusts, living wills, advanced directives and other means of delegating management and decision-making to another in case of incompetency or incapacity Conservatorship and Guardianship Estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills and other planning documents Preservation/transfer of assets seeking to avoid spousal impoverishment when one spouse enters a nursing home Medicaid Medicare claims and appeals Social security disability claims and appeals Supplemental and long term health insurance issues Probate Administration and management of trusts and estate Long-term care placements in nursing home and life care communities Nursing home issues including questions of patients' rights and nursing home quality Elder abuse and fraud recovery cases Housing issues, including discrimination and home equity conversions Age discrimination and employment Retirement, including public and private retirement benefits, survivor benefits and pension benefits Health law Mental health law Not all Elder Law attorneys specialize in all of these areas. You will want to ask attorneys you are considering hiring if they specialize in the area of your particular need. The National Academy of Elder Law Attorneys has a brochure "Questions and Answers When Looking for An Elder Law Attorney" For a copy of this brochure you may write or call them at: National Academy of ElderLaw Attorneys, Inc. 1604 North Country Club Road Tucson, Arizona 85716 520-881-4005 You can also obtain further information and/or search for an attorney on their website www.naela.org. The Chapter Helpline can also provide information on legal services, lawyer referral services and attorneys in the Chapter service area. For more information call 703-359-4440 or toll-free 1-800-272-3900. Here is a list of items clients should compile for their first meeting with an elder law attorney. It may seem like a daunting list, but it is best to know up front what is needed in order to make necessary legal and financial decisions to protect for the future. Planning Documents: Power of Attorney (if you already have one) Living Will Appointment of Health Care Agent Designation of Conservator Last Will and Testament Trust Probate Court Documents: If a Conservator has been appointed by a Probate Court: Fiduciary's Certificate Probate Court Decree Appointing Conservator Inventory Accounting Any other Probate Court filings or decrees Residence: If the residence is a home: Deed to the house Real estate tax bill Homeowner's insurance premium bill Mortgage papers and payment coupon If the residence is a condominium: Deed to the condominium Real estate tax bill Homeowner's insurance premium bill Mortgage papers and payment coupons Condominium common charge bill If the residence is a rental: Lease Current rent Other Assets: A list of all other assets owned, whether solely held or jointly held with another. If there is a spouse, a list of all assets owned by the spouse, whether solely held or jointly held with another. Be sure to specify the names that appear on each asset and the current balance or value for each. Assets include: Checking accounts Savings accounts Money market accounts IRAs Keoghs Stocks Bonds US Savings Bonds Real estate other than the residence (supply a copy of the deed) Investment accounts Business interests Life insurance policies (face value; cash surrender value, annual dividends, if any) Annuities Loans or mortgages Motor vehicles Boats Trailers, recreational vehicles Fixed Income: Social Security benefit amount (current) Gross pension benefit If there is a spouse, supply this information for the spouse also. Liabilities and Expenses: Outstanding loans, monthly payments Outstanding medical bills Health insurance premium bill Gifts: List of all gifts (including charitable contributions) made during the prior three years; list only those gifts where the total of all gifts in a given month exceed $500.00. (There is no need, for example, to list a $25 birthday gift in one month and a $75 gift in another money if those were the only gifts in those months.) Provide an exact amount and date for each gift. This list was compiled by Attorney Lea Nordlicht Shedd, Shedd and Hoberman, LLC, Hamden, Connecticut. Courtesy of Greater Lincoln Chapter In the National Capital Area chapter service territory, for more information about Finding an Elder Law Attorney, please contact the Chapter's telephone Helpline at 703-359-4440 or toll-free 1-800-272-3900. Outside the National Capital Area, please contact your local Chapter. Subscribe to our E-Newsletter! © 1997 - 2005 Alzheimer's Association, National Capital Area. All rights reserved. 703-359-4440 or toll-free 1-800-272-3900