What would you say are the most important questions to ask in deciding on a competent elder law attorney?

I do not recall the name of the attorney my mother had located somewhere (paper, magazine, TV, friend?) back around 2006, but she went on and on about needing to contact him (I think it was her neighbor who used him and I tolerated this for 3 months until I got the name from her, looked him up online and called.) She was okay then, she just didn't typically follow through on important issues like this. At that time, dad was starting down the dementia path.

When I called this attorney, I was told his focus was now on training other attorneys in Elder Law and would only take on extremely precarious cases. However, they did refer us to another qualified attorney. We used him for the initial set up (will, DPOAs, irrevocable trust, medical directives, etc.) We went back later to the same attorney, after dad had passed and mom was starting down the yellow brick road as some things needed to be revisited. Everything seemed to be good both times; we have had no issues with any paperwork and at various times he has responded to quick questions I had emailed. The only real complaint I had was not about him, but the person who emailed me that the new trust paperwork looked good and in order to request a Tax ID for it, she needed to confirm my SS. Instead of asking me to call, she put my # in the EMAIL!!! AUGH! I immediately called and lodged complaint with her, and even followed up with email to attorney, because email SHOULD NEVER BE USED TO POST SS#. She, on the other hand, didn't get it then or later when she emailed the tax ID when I said DO NOT EMAIL it. I spent the $30 and froze all my credit at the credit bureaus. Thanks tootsie!

This attorney is closer to the Boston area, so it was not exactly cheap (guesstimate around 4-4500 each time?) Although the NELA site certainly won't provide the minute details about each attorney, it was reassuring to see our attorney listed in the CELA lookup list. I believe he was part of a group during our first go-round, but is now on his own. He had to do similar things for his own mother, including moving her to MC. 

I do agree with posters saying find a larger firm with some diversity in skills/focus.
The attorney who did my original will has since retired. I suspect this one will before we are done! I cannot afford to do my own at this time and will likely need someone else, hopefully a little closer after I moved farther away from eastern MA and a little less expensive...

There were links for many of the attorneys that I saw (probably all have a website listed, I only skimmed to see if ours was in the list.) More than likely any one of them have had the training and can competently assist in the paperwork. In our quest, we were told we could have an hour of initial conference, to ask questions, get info, understand what they do and get an estimate. This should be done with any/all attorneys you consider, and any who insist on a fee for this, perhaps you should shop around more. If they *really* want your business, this would be one way to get your interest! IF and only if they would put that "deposit" towards the final fee would it be worth it, BUT you don't make the decision until after you pay and consult, so what if you don't want/like this attorney? You'd be out that $!

It has been a while, even since the second go 'round, but those who offer a consult for free should still be out there. There are also multiple online websites that can be of assistance - whether to explain issues, point you in the right direction or give you pointers in how to choose the right attorney. The internet can be a wonderful thing (and it can be disastrous too, so be wary of the in-person and online gut feelings!)

If I ever remember the attorney's name I can post it, but since it was about 12 years ago, he may be retired now too!

K Gabriel: Elder Estate Law is what my brother also specializes in.

Definitely some excellent answers to this question! I just want to add this: ask them to be specific about what to expect in terms of contact from them. The attorney I ended up choosing was responsive at first, then didn't respond to my email after a week, then 2 weeks, then 3 weeks,....then four. At the start of the 5th week of no contact from him, I got a bill for $500 for one email response, one call to me, and a call to my parents' financial advisor.
I paid, and I'm not even complaining as much about the price as the lack of communication about what to expect in terms of either price or amount of contact.

Extremely helpful feedback...so much appreciated! Our initial consults begin tomorrow, so it's an incredible blessing that all of you weighed in when you did.

This journey is a bit intimidating and challenging, especially since I am in Alabama and the rest of the family is in Minnesota. My sister and I are having to conduct conference calls with potential attorneys. I would much rather have the benefit of getting an impression with a face-to-face meeting, but this is the hand we've been dealt.

I'm adding all of these considerations to my notes and can't thank you all enough for taking time to post your input.

(Mr. Heiser, I have read many of your articles/posts both on this site and on your website, and have found all of the information to be extremely helpful. As a start, we are definitely using your sample caregiver agreement to come up with a contract for my sister. Since we are behind in this process given the rapid change in circumstances, I'm grateful for the positive way you offer guidance. I will undoubtedly be adding your book to my reading list!)

I devote about 5 pages to how to find a good elder law attorney in my book, "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets" (12 ed., Phylius Press, www.MedicaidSecrets.com). That said, the suggestions already made here, below, are excellent: NAELA, CELA, percent of practice devoted to elder law, etc. To that list I'd add: find out who teaches elder law and/or Medicaid planning (depending on your needs) at the local and state bar associations; the associations have already done the searching for you, in locating regional experts!

Lyndal: An good elder law attorney will ask YOU the questions. How do I know this? Answer=because my brother is an excellent elder law estate attorney practicing and residing in California. Their business product will be listed on their website.

50sChild, first let me thank you for the new (to me) word, "bungfoozled"! That made my day.
Sorry LyndaJ, I have nothing to offer, but I will be following along also. I have been considering consulting with an attorney lately because I have no idea what I'm doing.
I've learned so much from this forum already. Thanks to all of you who contribute!

50's Child, PM me if you will with an approximate location of where you are in Michigan. I'm familiar with and worked for many of the top law firms in the Detroit area, many of which also have suburban offices. They're multipractice law firms, with practice areas that are both complementary and separate from elder law issues.

As FF states, it's a good idea to get a multi-attorney (and multi-practice) law firm so that coverage is available is one attorney is not.

You can also ask about the number of paralegals for each practice area, what their training is, and what their responsibilities are. I've worked for firms that allowed participation in everything including an indirect form of negotiating, but others that required each paralegal to have even a letter approved by an attorney.

I'll eat some chocolate to spur my brain into action and think of some questions to ask when you interview attorneys.

In Michigan, in 2011, I was advised to find a VA-Certified, Medicaid-planning attorney to help my father apply for VA Aid & Attendance and possible future Medicaid application. He delivered well, at a then-reasonable retainer of $1500. Recently I've had to seek out, what I had hoped, would be NAELA or CELA attorneys for our own estate plan. I do find some local names via the NAELA and CELA website. Yet, the largest local elder law firm near me (elder law is 100% of practice) is not certified by NAELA or CELA. I phoned the Michigan State Bar, and the Michigan Legal Hotline for Seniors to ask about this certification. At the moment I don't have my notes, but in essence they told me that elder law certification in Michigan was a fairly new specialty, and that such certification may or may not ensure "the best" legal service. They explained that the percentage of the practice's cases spent on elder law, as well as depth of experience and reputation, also are valid considerations. So I'm a bit bungfoozzled given the cost and desire to do it right the first time.

I have found that preparing a background sheet listing assets, income, expenses, and important facts helps save a bit of initial time. Preparing an agenda with your highest priority questions also helps. But I find that no matter how well prepared I think I am, during any legal appointment I learn so much about what I didn't know that I wish I had prepared myself even better and didn't squander the time on questions that I could have learned about through some private reading time.

I have also found that paying "lump sum" for initial legal documents ("VA" and "Medicaid" focus) really saved in the long run. My father's original attorney has freely given me advice ever since, though I am very careful not to abuse that favor.

I have an attorney friend who grimaced at my inquiry about NAELA and CELA, saying that continuing education in elder law, and devotion to elder law in one's practice, speaks for itself and paying organizations fees yearly is a form of advertising. But honestly, I'd never have complex surgery without a surgeon being an appropiate "fellow" of his professional oversight body. Why should lawyers be different?

I'm very interested in this topic as I can learn a lot from LyndaJ's question!

I am so glad that someone asked this question! I am also at this point and finding a good elder care attorney is work. There is one in a nearby town who wants $300 for the first 90 minutes "question and answer" but their is only one person is this firm. I look forward to others replies to lyndaJ's question.

Will you have to become a Guardian?
If so they should explain ALL that is involved in that process. Record keeping, returning to court..
Are there assets? If so how will they be kept? Trust? Spend down?

And do not ignore your gut instinct!
Do you get a good feeling about the person you are talking to?
How did you get the names of these lawyers? Friends? If so how do they think they helped.
Are the lawyers Certified Elder Care Attorneys?

Also explore other resources, if your parent, either or both is a Veteran see if the VA can help. Contact the Veterans Service Commission, this is a free service. (although a lawyer can do the same work you will pay for the time it takes them to get the answers)

Don’t use a small law firm that was recommended by an assisted living facility like my family did. Instead go to a larger firm that other trusted friends can recommend from positive experiences. We ended up using a Certified Elder Care attorney in New Jersey who the assisted living facility suggested and who gave us terrible advice.  We later found out that the very same assisted living facility had also set up my mother (diagnosed with dementia) with a local unethical attorney to fight the guardianship. It went to trial and we lost. My mother essentially was isolated from her family and friends and brain-washed against her caregivers.  She lost almost all her savings to the lawyers and coincidentally to the corrupt assisted living. These are terrible people who prey on feeble old people. The lawyers were reported to the law Ethics board and N.J. Attorney General’s office and basically got away with it. My mother died all alone with one of the lawyers (who she barely knew) eventually becoming her guardian, falling out of her bed without rails. Don’t let a terrible single-practice attorney, who preys on old people - take advantage, when there are large firms (who may charge more) that know what they’re doing and can help serve all your needs without ruining people’s lives.

I continue to be so grateful for this site & all of your valuable feedback!

Following your advice, it's reassuring to find law firms that appear both on this site and in the NAELA search. Thank you so much for your helpful direction!

LyndaJ, for myself I liked having a law firm which has a half dozen Elder Law Attorneys among its partners, and other specialized Attorneys in-house should I need their service. That way, should one Attorney be on leave, retired, or left the firm, there would be other Elder Law Attorneys I could choose from.

I found such a firm and their website had extensive resumes for each of the Attorneys in the firm. That is how I found the Attorney I am using, and that my late parents had used.

Considering you have property issues, I’d look for a NAELA or CELA level of elder law atty as they will likely have an equally solid network of real estate atty that consult with.

They do not have to be in your parents city either. Just licensed for MN.