How to Interview Your Long Island Elder Lawyer

According to the U.S. Census Bureau, more than 54 million seniors live in the United States, which represents close to 20% of the population. As people age, many considerations come into play, requiring both physical and psychological adaptation. Some seniors may have trouble managing the so-called activities of daily living and need to hire helpers or move into assisted living or nursing homes. Seniors on fixed incomes may worry about their financial situations and how to protect themselves and their assets from future economic dislocations. Seniors who have accumulated significant financial resources may want to begin evaluating their legacies and consider creating trusts for loved ones or important charities.  All of these considerations can be assessed by a Long Island elder lawyer. 

Elder law encompasses a wide range of legal matters affecting older individuals. This includes estate planning, retirement planning, long-term medical care, and related matters. In short, elder law attorneys advocate for seniors and execute legal plans to help them live better lives.

How to Interview Your Elder Lawyer

Finding the right elder lawyer for you or your loved one is of critical importance at this time of life. To find the right fit, consider asking the following questions as you interview potential elder lawyers:

How long have you practiced elder law and estate planning?

Elder law comprises many specialties, such as estate planning, probate and estate administration, wills and trusts, and others. It generally goes without saying that the longer an attorney has practiced law, the more in-depth knowledge and experience he or she will have.  But a younger attorney at a firm that specializes in elder care can be a more cost-effective option if your financial resources are limited. Larger firms can also offer paralegals and legal assistants who can draft routine elder law documents at a reduced hourly rate. 

What experience do you have drafting estate plans?

Estate planning can range from relatively simple to quite complex. As you interview elder lawyers, you want to ensure they have experience drafting powers of attorney, advance directives, living trusts, guardianships, and similar documents. When done properly, an estate plan determines where your assets will go when you die and can provide financial security for your loved ones. Estate plans are also used to reduce taxes and prepare for incapacity. 

What powers of attorney should I have?

A thoughtful elder lawyer will have obtained some essential information about you before your interview. At a minimum, the lawyer should understand your goals for your estate planning and have at least a general sense of your personal and financial situation. Based on this information, the elder attorney should have some idea about the powers of attorney that you will need. Typically, they include the following:

• Durable Power of Attorney – A durable power of attorney allows you to designate another person to handle your financial affairs should you become incapacitated, or if you are otherwise unable to handle your financial affairs yourself.
• Healthcare Proxy – A healthcare proxy is a legal document that appoints someone to make health care decisions on your behalf in the event you are unable to do so
• Living Will – A living will allows you to make healthcare determinations in advance, such as for resuscitation, blood transfusions, and artificial hydration and nutrition.

What are my best options for long-term care?

Hopefully, the elder lawyer you are interviewing will be well-versed in long-term care options, including Medicaid benefits. Medicaid benefits can cover a significant portion of long-term care costs, including home care and nursing home care. Eligibility requirements for Medicaid are strict, however, and you must have a very low income to be eligible. In the absence of proper advance planning, people often spend all their assets before reaching the poverty line. You can often obtain Medicaid eligibility through the use of an irrevocable trust known as a “Medicaid Asset Protection Trust” or “MAPT.”  If properly created, assets placed in this kind of trust are not counted against Medicaid eligibility. Many important details must be addressed to create a proper legal MAPT, and as you interview elder lawyers, it’s critical to ensure that they understand all the legal technicalities. 

Do I need a trust?

A knowledgeable and experienced elder lawyer will be well-versed in trusts, how they work, and what type of trust or trusts make sense for your situation. Trusts are an increasingly popular estate planning tool and can be used alongside a will in a comprehensive estate plan that avoids probate. There are many types of trusts, including living trusts, life insurance trusts, special needs trusts, and charitable trusts. Trusts can be revocable or irrevocable, depending on the benefits you are seeking from a trust.  

Do I really need an elder lawyer?

When you ask an elder lawyer this question, he or she should be able to assure you that elder law planning is an essential part of aging. There’s nothing frivolous about setting up your estate to provide properly for your long-term needs and to distribute your assets as you desire to your loved ones and charities that are important to you. There are so many specialized areas in elder law that it is crucial to find a lawyer with the knowledge and experience to ensure that wills and trusts are set up properly, all tax implications are carefully understood, and advance directives meet your needs in case of your incapacity. 

Contact Davidow, Davidow, Siegel & Stern Today for Help

Here at Davidow, Davidow, Siegel & Stern, we have worked with clients on their estate planning and elder law issues for well over one hundred years. If you interview us, you will see that we are experienced, knowledgeable, and deeply care about our clients’ well-being. Contact us today to see how we can help you.

 Save as PDF