How to Locate a Good Elder Law Attorney in Virginia Beach
Defining Elder Law
Elder law refers to legal issues in particular that may arise in later life for individuals. This may include estate planning, including wills, powers of attorney, trusts, and so forth; tax planning, asset protection, and other strategies. Other elder law issues include Medicaid planning and the application process, the potential establishment of "special needs trusts," long-term care planning , and VA aid and attendance benefit eligibility.
Guardianships may also be an integral part of elder law. In essence a "guardian" is someone assigned by a court to look after a senior who cannot look after himself or herself anymore. These situations are very sensitive, and may involve the return of control of assets to a family member, or even the liquidation of assets for the immediate benefit of the individual. There may be other issues where a guardianship will be of relevance in managing the affairs of an elderly person.
Reasons to Hire an Elder Law Attorney
The necessity of hiring an elder law attorney in Virginia Beach is vital. Many people wait until the last minute to hire an elder law attorney, and while hiring one can have a significant impact on the protection of a substantial amount of money for many families, that impact could be substantially greater if the elder law attorney could be involved sooner.
What does an elder law attorney do? Practice areas can include long term care planning, Medicaid qualification, veteran’s pension planning, special needs trust, guardianship, estate planning, probate, estate litigation, and more.
Elder law attorneys are much more than simply estate planners. While estate planning is part of elder law attorney’s practice, when you hire an elder law attorney, the most important planning often involves long term care planning. Or, more specifically, Medicaid planning.
Many people do not understand that having assets and income above certain thresholds can disqualify them from receiving Medicaid benefits in the event of a long term care need. Medicaid planning helps this, and elder law attorneys help families navigate the complex issues of long term care needs.
People with disabilities are often unable to support themselves. If they are unable to work or have a job, they may apply for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). However, there are limits to income and assets when applying for these government benefits.
If June was a healthy individual all her life, she never needed government assistance. She was married but became widowed in her mid-70’s. After her husband’s passing, she moved into an assisted living facility. A few years later, her health began to fail.
She discovered she qualified and applied for Medicaid. Her assisted living facility accepted her and she began to receive government assistance. She wanted to leave a legacy for her children and grandchildren, but she was unable to do so because the government seized the inheritance. She did not understand that long term care planning could have made sure June could have left a legacy, while at the same time qualifying for government assistance.
Selecting an Ideal Virginia Beach Elder Law Attorney
When it comes to finding the right elder law attorney in Virginia Beach, there are a few key factors that you should consider:
Experience
Elder law is a specialized field, and you want to make sure that the lawyer you choose has significant experience in this area. Ask about their particular focus and experience. Are they truly knowledgeable about sensitive issues like Medicaid and estate planning, or do they simply dabble in these areas of law? You want to work with someone who is the right fit for your unique needs.
Fees
The costs of working with an elder law attorney can vary between lawyers, but you should know upfront what you will be expected to pay. Ask about their fees and any additional costs that may be associated with your case before you agree to hire them. Some lawyers charge by the hour, while others offer fixed-fee services or require retainers. Make sure that you understand what you will be charged for and when you will be expected to pay.
Qualifications
Check the qualifications and credentials of any prospective elder law attorney. Find out what their educational background is and if they belong to any professional organizations. Make sure that they’re in good standing with the Virginia Bar and find out if they are board certified in elder law. Choose a lawyer that you feel comfortable with who has impressive, proven credentials.
Client Reviews
When searching for an elder law attorney in Virginia Beach, also ask about their past reviews from clients. What do their former clients say about their services? Can they provide testimonials or case summaries? Have they been rated by sites like Avvo or the Better Business Bureau? Look for a lawyer with a strong reputation and positive ratings.
The Services of Virginia Beach Elder Law Attorneys
Elder law attorneys in Virginia Beach provide a broad range of services. Among other things, elder law attorneys advise clients on long-term care planning, including planning for Medicaid and long-term care insurance. An elder law attorney can assist with Social Security issues and veterans’ benefits for those who qualify.
An elder law attorney also provides estate planning services for individuals of all ages. Services would include drafting wills and powers of attorney and possibly a health care directive. Some elder law attorneys may also assist with special needs planning for disabled individuals and their families. In addition , elder law attorneys may help clients obtain guardianships and conservatorships if needed. Many elder law attorneys also handle probate for clients.
An elder law attorney also advises and advocates for clients to protect them from elder abuse, neglect and financial exploitation. Some elder law attorneys handle Medicaid appeals, as well as guardianship issues for older adults. They may also assist clients and their families with home equity conversion mortgages, or "reverse mortgages."
Much of this work overlaps with the typical work that a probate and estate planning attorney does, but there is a difference between the two. Elder law attorneys tend to focus on the elder population and the unique issues and challenges many older adults face.
Questions to Ask Your Virginia Beach Elder Law Attorney
During your consultation with an Elder Law attorney, you may find it helpful to find out the lawyer’s approach to your situation. Here are some questions that may surface:
- What do you consider to be the most likely legal strategies in my case, and what are their upsides and downsides?
- What costs will I incur, both in terms of cash and time, over the term of the case and how are those costs likely to be distributed?
- How much time will I spend on this case? What will you expect me to do? When?
- How will I be kept abreast of progress and developments in my case, and when will I have access to "live" participation for urgent matters?
- Will you or a member of your staff be responsible for my case?
The Advantages of Local Knowledge
There are several advantages to hiring a local elder law attorney rather than a general practitioner with experience in estate planning or Medicaid. For one thing, you will have someone representing you who focuses exclusively on this area of the law. You can be assured that this focus means that your attorney understands all the nuances of the law as it applies to Virginia particularly. He or she understands not only Medicaid eligibility requirements and estate tax exclusions, but also the practical realities of long-term care and how best to protect your assets. A local attorney will also know where the offices for the Virginia Department of Aging Services, the Virginia Medicaid Authority , your local Department of Social Services and the Adjudicated Claims Section are located. Those entities play various roles in probate administration or estate litigation. While there are many attorneys in Virginia Beach who could perform these functions competently, an attorney who has regularly dealt with the Virginia Medicaid Authority, for instance, will know who understands the local rules and workarounds. Also, a Northern Virginia-based attorney may have more clients from affluent backgrounds more likely to lead to large, lucrative estates and fewer clients needing Medicaid planning. This is a natural result of high real estate prices and the low average income in Northwest Virginia.