Scroll down to the very bottom of this page... down in the blue area, click on ELDER LAW ATTORNEYS.... now you will see a box where you can put your zip code. This is how I found my Elder Law Attorney and she is outstanding :)
CJ, you need separate attorneys, because you're addressing two distinctly separate practice areas. In law, a practice area is somewhat akin to a medical specialty. I would avoid generalists at all costs - these are the kind who might do some estate planning, some criminal, some litigation...a little bit of this and that.
Estate planning and elder law attorneys handle trusts. Pension plan attorneys deal with retirement issues.
If, however, your retirement is something to be factored into your estate planning, you might get some nominal advice from an EP or EL attorney. But if you have questions on retirement plans, structuring payouts, etc., you definitely need someone in the retirement and pension plan practice area.
As to selecting one from a list, this is what I always suggest:
Visit the websites of the attorneys listed in the specific practice area (i.e., estate planning), see if the firm is one or two people, mid-size, large or very large firm. Review the profiles and background of the attorneys.
In a medium sized law firm, there can be a number of attorneys in, say, the estate planning area, with some specializing in people of "high net worth" (read lots of money), some focusing on average people's estate plans and others on a variety of trusts including some which wouldn't be appropriate for the average older person.
Find out if the charges will be for an entire estate plan package, including a trust, or if they're hourly, and what those hourly fee rates are.
If the website has links to newsletters or articles, check those out. My preference has always been attorneys who are not only top notch in their field, but who also participate in outreach and sometimes educational programs for clientele as well as potential clientele.
An elder law attorney will be able to address issues of both trusts and retirement, although a financial advisor would typically be involved in the retirement side of it. Once you have your list, you can go to naela(National Academy of Elder Law Attorneys) and see if they are listed there. If they have a CELA (certified) by their name, even better.
If you contact your state's bar association, you can get a list of attorneys and their area of practice. You can also check if any have been disciplined for mishandling clients' affairs.
So far they all want a 250.00 consultation fee. I did not post the problems very well . My mother has a signed paper saying she has a trust, I cannot find it. She cant remember. My sister did remove most of my mothers papers from her house, I had to request she return everything . I cannot be sure of that . She did at one point tell me she hired a lawyer to take my mom away to live by her. After I hired one she informed she didn't . She feels my mother should be in a full skilled facility, more money. My mother would not be where she is if she needed that , they would tell me. My mother also sent the majority of her retirement to my sisters husbands bank. My mother was upset at the time because he filled out papers and put my sister down as joint (not POD). These are 2yr CD that mature this week. I have no proof she even sent the money , except the interest statements that come in the mail are adressed to my mother and my sister. My mother is in hospital now, my sister is coming to see her this Thurs. I told her I was going to have to go to her husbands bank and sign to move the money here .Her reply was dont worry about the CD's they are in my name and she will be needing all that for full skilled nursing. Im afraid they will just move the money into my sisters account and then my mother will be subject to their control since they would have most of her retirement. My POA is questionable because I didnt get a doctors letter that states in the presence of my mother , she feels she needs help making decisions for her. I have to get another doctor to do it. Her doctor moved out of state. I only have his notes stating he thinks this woman may have some dementia problems but is still capable of remaining in her home with some minor outside assistance. Also when she was in hospital 4 months ago another doctors notes say, "this woman dosen't seem to know where she lives and seems to have dementia or possibly beginning Alzheimer I think that after talking with 3-4 lawyers with out paying the consultation fee. I need to just go to the bank my sisters husband owns and try to withdraw the money and close the CDs. If they refuse to accept my POA . Then I will have to hire lawyer. And another to see about making out a trust where if I or my brother on medicaid wont get hurt with what ever we might inherit should my mother pass. . I need a lawyer to address if I can make a list of the actual Trust and maybe another if I have to file a law suite to get the money from their bank. If I close the two CD's early there is a penalty.
I have talked to 4-5 differant lawyer firms. All wanted a consultation fee 250 or higher, all elder law firms from this web site , by typing in my zip code in. I have one more to call. I was instructed way back when I was threatened not to have any contact with my family members. I havent been able to do that very well. I realize the problems it has caused and have done it some but not entirely.
Ok that is what I am trying to do. She has all the papers legally done,,just that one says she has a trust but there is no seperate list of what the trust is to be . Nothing is titled in her name with living trust after it. Her will only lists some house antique items to be given to differant siblings. I am designated to execute the trust but cannot find it and house , annuity and cd's and an anuity are just in her name also. I would like to make the trust out of what has been left floating. But with her dementia can she sign anything. She responds to questions and answers responsibly. She just may not remember later and sometimes she can remember, its not very often her recall button works. There are possible problems with my sister who is named as alternate if I cannot perform. At one point she was going to hire a lawyer to take custody and move my mother by where she lives. She did not follow thru. I have to expect she might still do that or even contest any thing I change. She did say she thought there should be a trust made out. This time around seeking lawyers all want a fee up front 250.00 and one wants 500 who sounded like they could handle all the issues I presented , even assuming gaurdianship. ? But 500 is so much higher . We shall see ?
By the way I pulled maybe 10 EL firms for my area and called half them. 8 months ago just using the local phone book for estates and custody , I consulted with 3 with no consultation fee. I may call or look some more .
Before someone posted as long as she can comprehend and answer responsibly, even if she forgets , her signature is still legal. If her OCPD gets worse and dementia it could be problematic. I dont think the prescription dementia pills work but the doctor ended up doubling the dosage. I want her off those,but nurses at the assisted living say they are required to give them to her if the doctor prescribed them. The doctor at least took her off the Nexium and any antacid. Just not the memory pill
You should hire an Elder Law Attorney with CELA after their name or an Attorney who is mentored by a Certified Elder Law Attorney. A CELA will have experience in Trust Law , Estate Law and Elder Care Areas. You can also call the state Bar Association and ask for a referral of the leading CELA in the state.
I finally found an attorney in my local area, that came recommended from another estate planning attorney, who specializes in estate planning and trusts when both spouses are (or soon will be) eligible for medicaid. (mediCal). What was incredibly frustrating is that I was given an appointment, and when I got there, I was told that so and so NEVER is in the office on that day of the week. I was rescheduled to a later time in the after noon, later that week, and chalked it up to , maybe I got the signals crossed, but honestly, I know i didn't because that was the only day I don't make doctor appointments. At any rate, when i got back to the second appointment, found out i was in the lobby scheduled for the same time slot as someone else, who was waiting, and had been waiting already. We both waited half an hour or more, with no word of this attorney, just an office manager, who had no idea when or where the attorney was. We were being charged 150.00 for an initial visit, 2.00 for water and 1.00 for the waiting room restroom. Realizing we had been booked at the same time, and needing to get home before my spouse started sundowning, I left a note for said attorney, describing the situation I just described to you, and explained that after waiting another 15 minutes (45 total) for a half hour consult, I needed to leave. I left this with the "office manager". First of all, I am getting a bill. I don't think so. Second, is this typical? And does anyone have experience with those online legal question and answer services? I really only have three specific questions. After that and my experience with the incorrect information I got at the free clinic I went to the law library and looked up what I needed and downloaded some forms from there. But i had one or two very quick questions. Could not believe how this attorney felt that a 45 minute wait, and a double booking and a incorrect booking is somehow OK.....
Ruthie, do post your question separately please. This is an old thread and with no date stamps it's possible posters might not respond - I almost didn't bother reading all the posts when I saw the OP's original posting date.
Just quickly though, as you may know I worked in law firms for most of my working life and never once did any of them charge for water or to use a bathroom. This is absolutely unheard of in my experience.
I've never heard of such egregious, disgusting, greedy behavior. I don't know if filing a complaint with the state bar grievance committee would produce any results, but I most certainly would not pay for the water or restroom use. And if I understand correctly, you didn't even get to the see the attorney.
If it were me, I'd make up a bill for my lost time and include transportation costs and send it to these amateurs. To double book is absolutely inexcusable. These sound like rank amateurs, sloppy and unprofessional.
I would also inform the referring attorney; sometimes attorneys have private arrangements and pay referral fees, so whoever referred you should know that this outfit is really amateurish.
Estate planning and elder law attorneys handle trusts. Pension plan attorneys deal with retirement issues.
If, however, your retirement is something to be factored into your estate planning, you might get some nominal advice from an EP or EL attorney. But if you have questions on retirement plans, structuring payouts, etc., you definitely need someone in the retirement and pension plan practice area.
As to selecting one from a list, this is what I always suggest:
Visit the websites of the attorneys listed in the specific practice area (i.e., estate planning), see if the firm is one or two people, mid-size, large or very large firm. Review the profiles and background of the attorneys.
In a medium sized law firm, there can be a number of attorneys in, say, the estate planning area, with some specializing in people of "high net worth" (read lots of money), some focusing on average people's estate plans and others on a variety of trusts including some which wouldn't be appropriate for the average older person.
Find out if the charges will be for an entire estate plan package, including a trust, or if they're hourly, and what those hourly fee rates are.
If the website has links to newsletters or articles, check those out. My preference has always been attorneys who are not only top notch in their field, but who also participate in outreach and sometimes educational programs for clientele as well as potential clientele.
Could not believe how this attorney felt that a 45 minute wait, and a double booking and a incorrect booking is somehow OK.....
Just quickly though, as you may know I worked in law firms for most of my working life and never once did any of them charge for water or to use a bathroom. This is absolutely unheard of in my experience.
I've never heard of such egregious, disgusting, greedy behavior. I don't know if filing a complaint with the state bar grievance committee would produce any results, but I most certainly would not pay for the water or restroom use. And if I understand correctly, you didn't even get to the see the attorney.
If it were me, I'd make up a bill for my lost time and include transportation costs and send it to these amateurs. To double book is absolutely inexcusable. These sound like rank amateurs, sloppy and unprofessional.
I would also inform the referring attorney; sometimes attorneys have private arrangements and pay referral fees, so whoever referred you should know that this outfit is really amateurish.