| Most elder
law attorneys do not specialize in every one of these
areas. So when an attorney says he/she practices Elder Law,
find out which of these matters he/she handles. You will
want to hire the attorney who regularly handles matters in
the area of concern in your particular case and who will
know enough about the other fields to question whether the
action being taken might be affected by laws in any of the
other areas of law on the list. For example, if you are
going to rewrite your will and your spouse is ill, the
estate planner needs to know enough about
Medicaid (Medi-Cal) to know
whether it is an issue with regard to your spouse's
inheritance.
Attorneys who primarily
work with the elderly bring more to their practice than
an expertise in the appropriate area of law. They bring to
their practice a knowledge of the elderly that allows them
and their staff to ignore the myths relating to aging and
the competence of the elderly. At the same time, they will
take into account and empathize with some of the true
physical and mental difficulties that often accompany the
aging process. Their understanding of the afflictions of the
aged allows them to determine more easily the difference
between the physical versus the mental disability of a
client. They are more aware of real life problems, health
and otherwise, that tend to crop up as persons age. They are
tied into a formal or informal system of social workers,
psychologists and other elder care professionals who may be
of assistance to you. All of these things will hopefully
make you more comfortable when dealing with them and ease
your way as you try to resolve your legal problem.
Finding an
Elder Law Attorney
Your first question may be:
How do I find an elder law attorney? Before making
the effort, step back a moment and try to determine whether
you actually have a legal problem in which an attorney needs
to be involved. If you're not sure, ask your clergy, your
social worker, your financial advisor, or a trusted friend
to help you decide whether this is a legal issue rather than
a medical or a social services issue. Legal expertise is
expensive and it serves you well to know that you actually
need legal assistance before seeking an attorney.
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