Elder Law

What To Look For When Selecting an Elder Law Attorney

Selecting a competent elder law attorney is important because the rules surrounding this area of law are obscure, confusing and irrational. To make matters worse, the rules are neither well known nor well published. In order for an attorney to give his/her client accurate and complete advice and information, he/she must receive training in this area of law. Unfortunately, many attorneys do not take the time to receive this training and therefore, their advice may not be the best.

Training & Education

A competent elder law attorney should be able to prove to you that he is familiar with both state and federal Medi-Cal planning laws and regulations. Ask the attorney you are considering hiring what steps he has taken to become an elder law attorney. Find out if he has attended any seminars on Medi-Cal planning or if he belongs to any professional elder law organizations. For example, I have attended a multi-day seminar, studied multi-tape audio programs on Medi-Cal planning, and have spent a significant amount of time reading books and other publications on both federal and state Medicaid/Medi-Cal rules and regulations. I am also a member of California Advocates for Nursing Home Reform (CANHR) and the National Academy of Elder Law Attorneys (NAELA). Belonging to these organizations allows me to keep up to date with elder law issues and new laws/regulations. A competent attorney will have taken the same or similar steps that I have taken to become an elder law attorney. Such training and education should leave an elder law attorney with the knowledge and skills necessary to help their clients accelerate Medi-Cal eligibility, reduce their share of cost, increase their CSRA and MMMNA, and avoid estate claims.

Make sure that any elder law attorney you are considering hiring is familiar with ALL of these areas of Medi-Cal planning. An attorney who is not familiar with all of these areas will be unable to adequately assist you with Medi-Cal planning and may give you some bad advice

Experience

Attending seminars and reading books on Medi-Cal planning are important. But without experience, an attorney may not be able to accurately implement the information they have learned. Make sure that any elder law attorney you are considering hiring has at least 5 years of experience with Medi-Cal planning, including experience with court procedures, such as conservatorships. An attorney who is not serious about his elder law practice may not have the experience or training it takes to handle or advise you on your case. An attorney who is serious, on the other hand, should advertise such experience and training in the yellow pages and on his website.

Devotion

An elder law attorney should have enough time to talk and meet with you and should be considerate of your needs and sensitivities. For example, I make a point to take all phone calls when am I available and to return my client’s calls. I also take the time to listen to my clients and ask them as many questions as I can to make sure that I have understood their situation correctly, even if it takes longer than I expected. Some attorneys do not return calls and you are forced to discuss your matter with the attorney’s secretary before you are able to make an appointment. This is not the way someone whose loved one just entered a nursing home or has just been diagnosed with a chronic disease or disability should be treated. Make sure that the attorney you hire understands your needs and sensitivities and is someone that you can trust.

I have the education, training, experience, and devotion it takes to adequately help and advise my clients. If you are in need of an elder law attorney, please contact us.