Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

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Strider
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Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by Strider » Thu Nov 15, 2018 5:05 pm

In looking for an elderlaw attorney, I found many lawyers who advertise themselves as members of the National Academy of Elder Law Attorneys (NAELA). Upon further examination, I have found that the criteria for declaring oneself an elderlaw attorney are nebulous. It would seem that any member of the bar in good standing can declare himself/herself an elderlaw attorney, join NAELA, and recruit clients, without passing any sort of certification exam or satisfying any continuing education requirements.

The medical profession has residency requirements, board certifications, and the like before an MD or DO can practice a speciality. Evidently the legal profession has no such hoops through which one must jump.

My question: How can I find an attorney with demonstrated, credentialed expertise in elderlaw?

Strider

Silk McCue
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by Silk McCue » Thu Nov 15, 2018 5:33 pm

We have Board Certified Elder Law Attorneys in Florida.

Cheers

Gill
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by Gill » Thu Nov 15, 2018 5:33 pm

What state are you in? Many states have board certifications for legal specialties. In Florida, for example, Elder Law is one of them.
Gill
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by Gill » Thu Nov 15, 2018 5:34 pm

Silk McCue wrote:
Thu Nov 15, 2018 5:33 pm
We have Board Certified Elder Law Attorneys in Florida.

Cheers
Beat me to it, Silk!
Gill
Cost basis is redundant. One has a basis in an investment | One advises and gives advice | One should follow the principle of investing one's principal

JeepDaze
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by JeepDaze » Thu Nov 15, 2018 5:37 pm

Better Call Saul :twisted:

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Misenplace
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by Misenplace » Thu Nov 15, 2018 5:39 pm

Gil's advice is spot on. Just in case you are in a state that doesn't have the specialty, here is some more input.

I recently needed to find the same in another state to assist my parents. I knew from reading these boards that attorneys who are elected to the American College of Trusts and Estates Counsel (ACTEC) are highly regarded. My parents also needed new wills and other planning documents, so I searched their listings for attorneys who also professed experience in elder law. I interviewed my top candidate and was impressed. She did an excellent job for my parents, and we will likely consult her as time goes on and circumstances develop.

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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by CULater » Thu Nov 15, 2018 6:07 pm

Misenplace wrote:
Thu Nov 15, 2018 5:39 pm
Gil's advice is spot on. Just in case you are in a state that doesn't have the specialty, here is some more input.

I recently needed to find the same in another state to assist my parents. I knew from reading these boards that attorneys who are elected to the American College of Trusts and Estates Counsel (ACTEC) are highly regarded. My parents also needed new wills and other planning documents, so I searched their listings for attorneys who also professed experience in elder law. I interviewed my top candidate and was impressed. She did an excellent job for my parents, and we will likely consult her as time goes on and circumstances develop.
And how can you determine a list of same? Any websites you can consult? Where to go to get the names seems to be the hard part.
On the internet, nobody knows you're a dog.

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Strider
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Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by Strider » Thu Nov 15, 2018 6:12 pm

OP here. I am in NYS. Does NYS have credentialing requirements for elderlaw attorneys? Where might I search for such individuals?

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Misenplace
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by Misenplace » Thu Nov 15, 2018 9:34 pm

I don't believe that NYS does- at least a quick search of the NYS Bar didn't reveal any specialist credential.

As for how to use the ACTEC, I googled the ACTEC and found their website.
https://www.actec.org
They have a function to search for a Fellow of the ACTEC.

Bsteiner, who often posts on this site, is also a NY attorney skilled in Wills/Trusts. He knows his stuff, but I don't know if he also specializes in elder law.

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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by sport » Thu Nov 15, 2018 9:39 pm

When I needed such an attorney, I asked an attorney friend who practiced another area of law for a recommendation. I was very pleased with his recommendation.

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Strider
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Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by Strider » Thu Nov 15, 2018 10:01 pm

OP here. Thanks to all, particularly in regard to ACTEC. I will follow up on this.

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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by bsteiner » Thu Nov 15, 2018 10:26 pm

Misenplace wrote:
Thu Nov 15, 2018 9:34 pm
...
Bsteiner, who often posts on this site, is also a NY attorney skilled in Wills/Trusts. He knows his stuff, but I don't know if he also specializes in elder law.
While there's some overlap, trusts and estates law on the one hand, and elder law (Medicaid and guardianships) on the other hand, are for the most part different practice areas.

There's also much more variation in Medicaid from one state to another than there is in trusts and estates.

While I have a general familiarity with elder law, I refer it out to lawyers who focus on it.

The lawyer who handles the original poster's estate planning should be able to refer him/her to someone who can help with the Medicaid planning or guardianship proceeding, for his/her friend or family member.

Any lawyer may join NAELA. But it's an indication of a lawyer's interest in the area.
Last edited by bsteiner on Fri Nov 16, 2018 9:40 am, edited 1 time in total.

justlearnin
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by justlearnin » Fri Nov 16, 2018 1:28 am

You may find this helpful. You might want to review much of the website, but I hope you find these three links to give you an idea of what you are looking for.

https://www.nelf.org/

https://www.nelf.org/becoming-a-cela/qu ... s-summary/

https://www.nelf.org/planning-ahead-wha ... elder-law/

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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by LadyGeek » Fri Nov 16, 2018 9:29 am

This thread is now in the Personal Finance (Not Investing) forum (estate planning).
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by orlandoman » Fri Nov 16, 2018 9:50 am

Remember credentialing means education and/or passing test, not competency.
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Re: Finding an Attorney with Demonstrated, Credentialed Expertise In Elderlaw

Post by dm200 » Fri Nov 16, 2018 10:03 am

A challenge - seems to me.

It also varies by state as well.

When researching or interviewing such attorneys, I would ask these three questions:

1. What part of your practice is in elder law matters? [You want someone who does this a lot]

2. How long have you been doing elder law? [You don't probably want someone who just switched to elder law from, say, litigation, last moneh]

3. Describe our average or typical client - [You probably want someone who regularly deals with folks of your financial situation]

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