Questions to Ask When Interviewing An Elder Law or Estate Planning Attorney

It’s not every day we do estate planning or work with an elder law attorney. You may know an attorney or have recommendations from friends on someone they used and were satisfied with. When I started developing relationships with various partners it was important to know about their business, but more importantly to get to know them as a person. Here are some questions I asked Elder and Estate Planning attorneys.

What you’ll learn

• How to find an Elder Law or Estate Planning Attorney

• Questions you may want to ask before hiring an attorney

Finding an Elder Law or Estate Planning attorney

There are several ways you can find an elder law or estate planning, attorney::

1. Ask for recommendations: You can ask friends, family, or other professionals (such as your financial advisor or primary care physician) for recommendations.

2. Search online directories: Many state and local bar associations have directories of attorneys that you can search by practice area. You can also use online directories, such as FindLaw or Nolo, to find attorneys in your area.

3. Contact your state's bar association: Each state has a bar association that can provide you with a list of attorneys who practice in your area. You can usually find contact information for your state's bar association on its website.

4. Ask for a referral from a general practice attorney: If you have a general practice attorney that you trust, you can ask them for a referral to an elder law or estate planning attorney.

5. Contact local senior centers or elder care resources: Many local senior centers and elder care resources have lists of attorneys who specialize in elder law and estate planning.

Once you have a list of potential attorneys, you should research their credentials and experience to make sure they are qualified to handle your needs. You can do this by looking at their website, reading online reviews, and contacting the state bar association to check for any disciplinary actions. It's also a good idea to schedule a consultation with the attorney to discuss your needs and determine if they are a good fit.

Questions to ask

Here are some questions you may want to consider asking when interviewing an elder law or estate planning attorney before hiring:

• How long have you been practicing in the field of elder law and/or estate planning?

• Do you have any professional memberships or certifications in the field of elder law or estate planning?

• What specific areas of elder law and/or estate planning do you specialize in?

• Can you help to protect my assets and preserve my financial security?

• Can you help to make decisions about my healthcare, including medical treatment and end-of-life care?

• Can you help with issues related to power of attorney (POA), guardianship, and conservatorship?

• Can you help with issues related to Medicaid and Medicare? VA Aid and Attendance (if Veteran or spouse of Veteran)

• Do you come to your client if they are unable to come to your office? (is there a charge?)

• How do you bill? (Fixed rate per document or hourly)

  • If hourly, do you charge different rates for lawyers, paralegals, and secretaries & how much?

  • Do you bill weekly, monthly, or upon completion of the work?

  • Are there charges for incidental fees? (copies of documents, postage, court)

  • Are there any other fees?

• If I hire you will you put our agreed arrangement in writing by either a formal contract or letter?

A cautionary tale. My Mother in law had set up a trust with her husband (we will call him Jack) to be able to live in the house until he no longer wanted to or he died. The house was then to go to her son (my husband). We found out, when Jack’s attorney tried to buy the house from Jack, that he had been in assisted living for over a year. The house was abandoned and Jack would not sign to turn it over to my husband Jack’s attorney wanted my husband to give Jack 75% of the proceeds. (long ugly story). My husband hired his own attorney. This attorney said they wanted $650 upfront and once that money was used up they would reconvene to see how he wanted to proceed. This attorney wrote 2 letters to Jack's attorney, who was nonresponsive to the letters and had a couple of calls with him. Six months later Jack passed away. This left my husband with being the trustee and he had the deed changed to his name. My husband’s attorney then sent him an $8,000 bill.

The purpose of the story above is to GET IT IN WRITING what you agreed on. And in general, I would say this about anything you are doing. My husband did not have their agreement in writing or the cost. Needless to say, those are 2 attorneys I tell people to stay away from.

It's important to feel comfortable with and confident in the attorney you choose, as you will be entrusting them with important legal matters. Asking these questions can help you better understand the attorney's background and experience, as well as their approach to working with clients.

In conclusion, estate planning and working with an elder law attorney can be intimidating. Still, it's important to ensure your affairs are in order and have the proper legal representation. When seeking an attorney, you can ask for recommendations from friends and professionals or use online directories or referral services to find an attorney who practices elder law and estate planning. When interviewing an attorney, it's important to ask about their experience, specialization, and billing practices. Be sure to get any agreements in writing to avoid any misunderstandings or conflicts down the road. It's also a good idea to research and thoroughly interview potential attorneys to ensure they have the experience and qualifications to handle your legal needs.