TEN TIPS ON SELECTING AN
Elder Law Attorney
 If you have a family member
with Alzheimer's disease it is
important to seek specialized
legal advice from an elder law
attorney. The advice frequently
relates to advance directives
and paying for long term care.
Advance directives are documents
that allow people to
make arrangements for the
orderly management of their
financial and medical affairs if
they lose the capacity to make
those decisions in the future.
These documents include
Power of Attorney, Health
Care Proxy, Living Will,
HIPAA form, Revocable
Trust and Burial Remains
Designation.
Traditional health insurance,
such as Medicare, will ordinarily
pay for care provided by a
doctor or nurse. Many people
with Alzheimer's need care that
can be provided by someone
without an advanced medical
degree and find that their care
is not covered. Advice in this
area may include information
about long-term care insurance
and Medicaid.
Here are ten tips on selecting
an elder law attorney.
- Select specialist in the field of aging. Just as there is board certification among
physicians in geriatrics, some attorneys are certified in elder law. They are called
Certified Elder Law Attorneys. After their name you will find the letters CELA. New
York State requires that they include a disclaimer that states the following: “Certified
as an Elder Law attorney by the National Elder Law Foundation. The National Elder
Law Foundation is not affiliated with any governmental authority. Certification is not a
requirement for the practice of law in the State of New York and does not necessarily
indicate greater competence than other attorneys experienced in this field of law.”
- If you have used an attorney in the past who is not an elder law attorney (for such
matters as a real estate closing or a matrimonial issue) ask that attorney to make a
recommendation to an elder law attorney.
- Ask as many people as possible for a referral. Ask family or friends who have been
through a similar situation which lawyer they have used. Ask other professionals
such as accountants, hospital discharge planners, financial advisors, insurance
agents, physicians, geriatric care managers or nursing home admission directors.
Look for the same name that comes from different sources.
- Call the offices of several attorneys and compare, do not simply select the first attorney
that you speak with. Is the receptionist pleasant and helpful? Are you able to
speak with an attorney in the firm or only someone who will book the appointment?
Does the attorney’s style appear to be compatible with your own? The topic to be
discussed is very personal and you should feel comfortable with the personality of
the lawyer.
- How long has the attorney been practicing elder law? Has the attorney written any
articles on elder law that you can read? Has the attorney given any lectures on elder
law topics? Has the attorney held any leadership positions in aging organizations?
Has the attorney had a person in his or her own family with Alzheimer’s?
- To try to determine if the attorney devotes a significant amount of time in their
practice to elder law, ask if he or she belongs to the elder law section of their
bar association and the National Academy of Elder Law Attorneys.
- Check the attorney’s Web site for more information about the size of the firm,
location, and educational qualifications.
- Google® the potential attorney to find out more about that attorney’s experience.
- Check with the Web site of the New York State Office of Court Administration
to be sure that the individual is licensed to practice law in this state.
- Do not be bashful, ask about legal fees. Some attorneys bill on an hourly basis
and some attorneys bill on a flat rate.
— Daniel G. Fish, Esq.
Daniel G. Fish is a partner in the law firm of Freedman Fish & Grimaldi LLP, where he practices in the areas of Elder Law, Estate Planning,
Guardianship and Trust Law. Education: SUNY at Stony Brook (B.A., 1968); University of Texas at Austin (J.D., 1976)
Professional Associations: Past Chair of NYS Bar Association’s Elder Law Section. Past Board Director of Alzheimer's Association, NYC Chapter.
Past President, founding member and Fellow of the National Academy of Elder Law Attorneys (NAELA).
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