Positive Aging SourceBook

Fostering the right solutions & connections

for more than 32 years

Posted by Positive Aging SourceBook on 01/10/2020

Elder Law + Find an Elder Law Provider

Elder Law + Find an Elder Law Provider

What is elder or special needs law?

Legal issues that affect people as they age and people with special needs are growing in number. Our laws and regulations are becoming more complex, and each state has different laws. Actions taken with regard to a single matter may have unintended legal outcomes.

It is important for attorneys working with seniors, people with special needs, and their families to have a broad understanding of the laws that may have an impact on a given situation to avoid future problems. Elder and Special Needs Law encompasses many different fields of law. Some of these include:

•    Preservation/transfer of assets seeking to avoid spousal impoverishment when one spouse enters a nursing home

•    Medicaid

•    Medicare claims and appeals

•    Social Security and disability claims and appeals

•    Supplemental and long-term health insurance issues

•    Tax planning

•    Disability planning, including use of durable powers of attorney, living trusts, “living wills” for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetency or incapacity

•    Access to health care in a managed care environment

•    Conservatorships and guardianships

•    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

•    Probate and administration of estates

•    Administration and management of trusts

•    Long-term care placements in nursing homes 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 in employment

•    Retirement, including public and private retirement benefits, survivor benefits and pension benefits

•    Health law

•    Mental health law.

Source: www.naela.org


Find an Elder Law Provider

Use our step-by-step guide:

Step 1 – Know Your Needs

  •     Organize and outline all the information pertinent to your situation.
  •     If you are calling on behalf of a loved one, make sure that you have as many specific details as possible.

Step 2 – Call Attorneys and Ask

  •     How long has the attorney been in practice?
  •     Does his or her practice emphasize a particular area of law?
  •     How long has he or she been in this field?
  •     What percentage of his or her practice is devoted to Elder or Special Needs Law?
  •     Is there a fee for the first consultation, and if so how much is it?

Step 3 – Initial Consultation

When you have found a prospective attorney, make an appointment to see him or her. After you have explained your situation, ask:

  •     What will it take to resolve it?
  •     Are there any alternate courses of action?
  •     What are the advantages and disadvantages of each possibility?
  •     What is the estimate of the cost to resolve your problem and how long will it take?

Step 4 – Discussing Fees

  •     Do you bill weekly, monthly, or upon completion of work?
  •     Do you charge by the hour? Are there different hourly rates for work performed by attorneys, paralegals and secretaries?
  •     Is there a flat fee for this service?
  •     Will there be any out-of-pocket expenses (charges for copies, postage, messenger fees, court fees, deposition fees and other such costs)?

Step 5 – Make It a Good Experience

    Once you decide to hire an attorney, ask that your arrangement be put in writing. A positive and open relationship between an attorney and a client benefits everyone. The key is communication.

Source: National Academy of Elder Law Attorneys


Meet the Elder Law Attorneys - Monthly Discussion Series

Join us for an opportunity to meet, learn and interact with leading Elder Law Attorneys.This month features attorneys from The Elder & Disability Law Center :Robert Bullock, CELA,...

Posted by Positive Aging SourceBook on 03/18/2021

proaging elder law

Watch Video



How to Pay for Care discussion with Elder Law, Aging Life Care, Lifecare Affordability Plan

A live and interactive discussion with three important professions that will focus on how to pay for longterm care and managing a crisis. Learn about innovative techniques and solutions...

Posted by Positive Aging SourceBook on 09/29/2021

proaging money matters

Watch Video



Meet the Elder Law Attorneys - PK Law

Opportunity to meet, learn and interact with leading Elder Law Attorneys. This month features attorneys: Kim Battaglia and Cheryl Jones of Pessin Katz Law, P.A. (PK Law) Chat...

Posted by Positive Aging SourceBook on 06/15/2021

proaging elder law

Watch Video



Elder Law + Aging Life Care - Live and interactive discussion with two important professions

A live and interactive discussion with two important professions Featuring: Elder Law Attorney - Elena Sallitto of Stavely & Sallitto Aging Life Care Manager - Jennifer...

Posted by Positive Aging SourceBook on 06/09/2021

proaging aging life care elder law

Watch Video



Meet the Elder Law Attorneys - Kandace Scherr and Morris Klein

Join us for an opportunity to meet, learn and interact with leading Elder Law Attorneys. This month features attorneys: Kandace Scherr of Frank, Frank & Scherr, LLC Morris...

Posted by Positive Aging SourceBook on 05/20/2021

proaging elder law

Watch Video



Meet the Elder Law Attorneys - Richard Abraham and Elizabeth Gray

An opportunity to meet, learn and interact with leading Elder Law Attorneys. This month features attorneys: Richard Abraham of The Law Firm of Abraham & Bauer, LLC Elizabeth...

Posted by Positive Aging SourceBook on 04/28/2021

proaging elder law

Watch Video



Meet the Elder Law Attorneys - Monthly Discussion Series

An opportunity to meet, learn and interact with leading Elder Law Attorneys. This month features: Evan Farr with the Farr Law Firm Elena Sallitto with Stavely & SallittoClick...

Posted by Positive Aging SourceBook on 02/26/2021

proaging elder law

Watch Video



View Digital Editions

CURRENT ISSUE

All MD-DC-VA 2022

CURRENT ISSUE

PA-NJ-DE