What Questions Should You Ask An Elder Law Medicaid Attorney?
To find out whether an elder law Medicaid attorney can help you, in nearly all cases, you’ll need to communicate with them first. To know whether the attorney is the right fit, you should ask them questions regarding their background. Here are some questions to consider.
How Much Of The Attorney’s Practice Concerns Elder Law?
The attorney you hire should be knowledgeable and experienced with the types of elder law issues you have. In this case, the focus is on Medicaid. If you find that the attorney handles various legal issues and only handles Medicaid planning cases now and then, this is a red flag and could make a difference in the quality of your representation.
Estate planning firms commonly refer cases to experienced elder law attorneys for Medicaid planning. An attorney who designates a considerable portion of their work to Medicaid planning issues is in a better position to understand your unique situation and advise you on how to proceed.
How Long Has The Attorney Been Practicing Elder Law?
Suppose an attorney has not handled many elder law cases. Because of this, they may not be aware of how to help you best. They may not know all the legal strategies that may serve your needs.
For example, an inexperienced elder law attorney might be unfamiliar with the strategies to protect your assets and get you long term care Medicaid. They may have little-to-no experience with Medicaid altogether. You want an attorney who has worked with Indiana Medicaid and knows the process to get benefits. You want someone who knows what to expect and how to deal with potential obstacles that may surface when you apply to receive benefits.
Does The Lawyer Have Any Certifications?
In Indiana, attorneys can be certified as a specialist by a Commission-accredited certifying organization; however, those attorneys must demonstrate proficiencies to become accredited. Jeff and Jennifer Hawkins are Trust & Estate Specialty Board Certified Indiana Trust & Estate Lawyers. They are also active members of the Indiana State Bar Association and the Indiana Chapter of the National Academy of Elder Law Attorneys (NAELA). Jeff is also a member of the Illinois NAELA Chapter.
What Does The Attorney Charge?
In some cases, attorneys charge by the hour, while in other cases, attorneys work on a flat fee. It is common for estate planning and elder law attorneys to charge flat fees to reflect the type of planning they do for clients. For example, suppose you hire an attorney for Medicaid asset protection planning, which involves the creation of a trust and other legal documents. In that case, the attorney might offer to create all the documents necessary for your planning for a flat fee. Usually, the more extensive your planning, the higher the cost.
When Should I Hire An Attorney?
You should hire an attorney for elder law issues sooner rather than later. Suppose that you and your spouse are retired, and your spouse is dealing with significant health setbacks that you suspect will worsen soon. To the extent that your spouse cannot care for themself, and they need nursing home care, your expenses could go through the roof. If that happens, you might have to spend most of your assets on nursing home bills.
Anticipating the need for long term care is essential. You could plan with an elder law attorney to protect your and your spouse’s assets and preserve their eligibility for Indiana long term care Medicaid. Critically, this planning could help you avoid losing all your assets to a nursing home, and more importantly, help your spouse get the care they need through Medicaid.
How Can An Elder Law Attorney Help Me?
Elder law attorneys can help you or your loved one effectively manage health care issues, including Medicaid eligibility and other long term care solutions. These professionals will have a firm understanding of the types of Medicaid options available and how you could make the most of the government’s benefits while protecting your assets. Moreover, some elder law attorneys can help you with estate planning, including creating trusts and wills, powers of attorney, living wills, and more.
Indiana Medicaid Attorney
Elder law Medicaid planning attorneys aim to protect your assets while ensuring that you receive long term care Medicaid benefits. Consult with a Medicaid planning attorney to find out how they can help you. Click here to learn more about Indiana Medicaid planning strategies.
About The Authors
Jeff R. Hawkins and Jennifer J. Hawkins co-author this blog with Thomas E. Hynes, a lawyer admitted to practice in Pennsylvania, New Jersey and Florida who has a background in estate planning and elder law. Jeff and Jennifer are Trust & Estate Specialty Board Certified Indiana Trust & Estate Lawyers. They are also active members of the Indiana State Bar Association and the Indiana Chapter of the National Academy of Elder Law Attorneys (NAELA). Jeff is also a member of the Illinois NAELA Chapter.
Both Hawkins are admitted to practice law in Indiana, and Jeff Hawkins is admitted to practice law in Illinois.
Jeff is a Fellow of the American College of Trust and Estate Counsel and the Indiana Bar Foundation. He is also a member of the Illinois State Bar Association and he served as the 2014-15 President of the Indiana State Bar Association.
More Information
Find more information about these and other topics on YouTube and at www.HawkinsElderLaw.com. Facebook users can follow @HawkinsElderLaw on Facebook. Twitter users can follow @HawkinsElderLaw. The LinkedIn crowd can follow us at https://www.linkedin.com/company/hawkinselderlaw. You can also call us at (812) 268-8777.
© Copyright 2021 Hawkins Elder Law. All rights reserved.
[See our Disclaimers page about relying on this website’s contents.]
