With the help of an attorney and care management organization, Elizabeth Dusa found a homecare agency that has provided her with the support she needs.

Families are there for each other to celebrate the good times and help each other through the challenging times. Elizabeth Dusa had spent a lifetime caring for her son, but when her health began to turn, he became her loyal and compassionate caregiver in return. Unfortunately, he passed away suddenly, leaving Elizabeth alone with no remaining family or support.

Elizabeth grew up in Pennsylvania and is of Hungarian descent. When her son was diagnosed with juvenile diabetes, she was urged to institutionalize him. Although she was a single mother, she adamantly refused and took measures into her own hands. Elizabeth kept his health under control by monitoring his diet and keeping detailed journals of everything he ate. As a result, she was able to keep him healthy.

While maintaining this focus on her son, she led a frugal lifestyle in Annandale, Va. working as a secretary. In a true success story, her son eventually received a PhD in Physics, became an astronomer and had a celebrated career with the FBI.

With no one to care for her following her son’s death, Adult Protective Services (APS) was called in to help Elizabeth. They in turn contacted Elizabeth “Liz” Gray, an elder law attorney who now serves as the guardian for Ms. Dusa.

“I had to clean out the house, get her settled in Fairfax Nursing Center, and make sure she was well cared for,” said Ms. Gray. “She was losing weight, she wouldn’t let anyone touch her, she would scream and cry regularly, and at times was very combative.”

Ms. Gray then hired Elder Care Consultants, a geriatric care management firm to assist her in monitoring and coordinating Elizabeth’s care. Ms. Gray and Dia Loken, the RN and Care Manager assigned to Elizabeth’s case, observed that she was more comfortable around male caregivers, which they attributed to her strong relationship with her son.

They felt that finding a dedicated male caregiver that she could trust might enable them to reduce the medications Elizabeth was on to control her anxiety and combativeness. The search was more challenging than expected, so Dia connected with BestCare Home Care where she was introduced to Hugo Ruiz-Menandez, a trained physician in his native country of Bolivia.

“The care he provides to Elizabeth is extraordinary and the bond that the two of them have is exceptional. They are referred to as a little married couple at Fairfax Nursing Center because they are together always,” said Dia. “Her quality of life has been enhanced.”

Dia and the other professionals involved in Elizabeth’s case cannot emphasize enough the positive change they have seen in her.

“It was almost daily that she was getting into a physical altercation with another resident,” said Vanessa Bishop of ElderCare Consultants. “Now she is in love with her aide and has really calmed down.”

According to Dia, they have even been able to reduce Elizabeth’s medications as she has been consistently gaining weight and is rarely sick. Hugo also gives her fantastic skin care and the mere sound of his voice seems to calm Elizabeth down.

“I am very impressed with the responsiveness and work ethic of the caregivers and management at BestCare,” said Dia. “There are so many home care agencies to choose from, and it’s important not to tolerate substandard care. I don’t second guess their attention and care.”

She explained how important it is to have a team approach to care, especially in medically-complicated situations. The team is tuned into changes and is able to report to the physician in a timely and accurate manner.

Now Elizabeth, who once seemed alone, has quite the caring support network and essentially a different kind of family that will continually be there for her.

“I fell in love with her when I met her because she was so feisty,” said Dia. “In fact I have a picture of her on my refrigerator. My family refers to her affectionately as ‘The Duce.’”

“It came on like I am sure it does for other people, very subtly, and it was really hard to define what was happening,” she said.

Shocked and traumatized by the diagnosis, Betty also experienced feelings of frustration when trying to find the best resource to guide her through this challenging transition. Fortunately, she had a small support network that included her nearby sister Peg, her doctor and Mindy Felinton, an elder law attorney.

For years, Betty was able to care for Jim in their home, but she eventually needed to hire in-home caregivers in order to continue her career with Montgomery County Public Schools. Last summer, as she was getting ready to take her two-week vacation, she realized she was at a crossroad with his care. “His needs had gotten so great,” she said.

Since their townhouse was not a suitable arrangement, she reluctantly accepted that instead of hiring a full-time caregiver, the best option was a specialty care center for those with Alzheimer’s and Memory Care needs.

The financial burden of this choice, however, would be prohibitive based on the couple’s income and savings. Betty realized she would need to immediately apply for Medicaid and gather all of the supporting documentation. Her doctor then referred her to Mindy Felinton.

“Mindy gave me the best news I had received in eight years,” said Betty. “She assured me she would be the one to advocate for me and actually make this application come to fruition.”

With her knowledge and experience, Mindy was able to provide Betty with choices and a strategy to protect some of the couple’s assets and ensure they would still qualify for Medicaid. “For the average person, going through this application process alone is a very daunting task,” said Mindy.

The entire process from application to approval took approximately four months, and Betty got Jim into the Wilson Health Center at Asbury Methodist Village near her home and office, which has given her peace of mind.

Seeing her sister’s situation has actually prompted Peg and her husband to better organize their records and think about their future, but both women have learned there are experienced professionals that can lend a helping hand in unexpected and difficult times.

With the help of her team of elder law attorneys and geriatric care managers Mary Quigley was able to navigate a complicated care plan for her mother and brother.

“If I had to do it all over, I wouldn’t change a thing,” says Mary Quigley in reference to the unique journey she took caring for her mother and brother over the past several years. While her brother Charlie passed away almost two years ago, her journey of navigating a complex maze of legal and financial matters is not quite over.

A family of caregivers

Mary’s mom, Mary Giron, was a dedicated caregiver to Charlie. Charlie was disabled, and had always lived together with his mother in New Jersey. “No one could care for Charlie better than she could,” says Mary. “Mom rarely asked for help, but when she did, I knew that she really needed it.”

Although Mary had a flexible work schedule as a practice administrator for a dentist, she was also raising four children. Helping care for her mother and Charlie from a distance was tremendously difficult. With Mary’s only other sibling, Peter, living in France, the family decided that it was best for Mary’s mother and Charlie to relocate closer to Mary’s home in Northern Virginia. With the closer proximity and the help of a caregiver, Mary was able to develop a system in which she and her children could visit regularly and provide transportation and support as needed.

Changes in health, finding in home care

Mary and Peter were eventually forced to wrestle with the decision of placing their mother in a nursing home. “It was difficult to find a nursing home to accept her due to her complex needs,” says Mary.

At one point, she brought her mother home to receive care with the support of a home care nursing agency, which lasted only one day as her needs were too great. Her mother’s condition continued to deteriorate and, after several hospital admissions, her mother passed away in April 2007.

Getting help from Elder Law Attorneys

As their mother’s health had been declining, Mary and Peter realized that they would need to take a more active role in her care and in their brother Charlie’s care. However, neither their mom nor Charlie had any incapacity documents in place that would authorize another person to make health care or financial decisions for them.

They proceeded to enlist the help of Elder Law Attorney Margaret O’Reilly with the Fairfax Elder Law Firm of Cossa, Gray and O’Reilly, to determine whether incapacity documents could be executed for their mother or for Charlie. Unfortunately their mother’s health continued to slip so dramatically that she passed away before any documents could be executed.

Although her mother had a will, it had been drawn up in New Jersey in the 70s. After consulting with Elder Law Attorney Elizabeth Gray, also at the Fairfax Elder Law Firm of Cossa, Gray and O’Reilly, the family learned that, because of differing requirements between New Jersey and Virginia, the will could not be admitted to probate in Virginia since the witnesses could no longer be located.

“It is important to look at a will every three to five years or when there are life changes in the family such as births, deaths or divorce,” says Elizabeth. The mother’s estate would need to be handled through the Virginia laws of inheritance that apply when a person dies without executing a will.

The siblings also realized that they had no idea what or where their mom’s assets and financial accounts were. They sorted through their mother’s papers, and sat down with their elder law attorneys to determine how to proceed. Working together with an accountant and a financial planner, the attorneys at Fairfax Elder Law organized the accounts that needed to go through probate and managed the remaining accounts for distribution and tax reporting.

Mary and Peter also learned that their mother had never pursued any action to have Charlie found disabled, nor had she secured benefits for him or been appointed his guardian. Margaret says, “They simply lived together as mother and son. She took care of him and never had any difficulties doing that.”

It was clear to everyone that Mary and Peter were not going to have the same ease in talking to doctors and managing finances for Charlie. Since Charlie did not have sufficient capacity to sign incapacity documents, it was necessary to go to court for appointment of a guardian and conservator for him. With Margaret’s assistance, Mary and Peter were able to have themselves appointed as co-guardians and co-conservators for Charlie, with the authority to make decisions for his care and well-being.

Mary proceeded to make some modifications to her townhouse that would provide a safer and more accessible environment for Charlie. Elizabeth then helped the siblings arrange a consultation with a geriatric care manager to learn about the options for managing Charlie’s care and ultimately maximizing his quality of life. The care manager was able to suggest a plan of care as well as ways to help Charlie continue his interest in music.

Things seemed to settle down, and Mary recounts how happy she was to have everyone together for the holidays that year.

A few days after Christmas, Mary walked downstairs one morning to find Charlie laying half off the bed and she immediately called 911. At the hospital, it was determined that Charlie had a stroke and, in spite of efforts at rehabilitation, Charlie never regained his speech and mobility. Mary continued to visit him daily at the hospital. “It was tough, because I knew he wanted to talk to me but he couldn’t verbalize anything,” she says.

Attorney Elizabeth Gray again stepped in to help Mary hire a geriatric care manager who found a homecare provider and hospice service for Charlie so that he could go home with Mary after he was discharged from the hospital. “She was tremendous; she gave me guidance, and that’s what I needed,” says Mary. “I needed to know that when I couldn’t be there, someone could be, especially for Charlie because he couldn’t speak.”

Peter and his wife also flew in from France to assist in taking care of Charlie. “We were all there; we were singing his favorite songs and talking about the good days,” says Mary. Charlie died soon after returning home, surrounded by his family and his music. “Charlie was the strongest person I ever met in my entire life,” says Mary. “He needed me and I know if the tables were turned, he would have done the same thing.”

Mourning the loss of her mother and brother was complicated by the many details required to administer both estates. “I was overwhelmed. There was so much going on with the estate for my mom and no organization, I just couldn’t do it,” says Mary. “I just threw everything I could find in a box and passed it to Liz. Once I gave it all to her and they took over, I felt a huge weight lifted off my shoulders. Having Liz is great.”

With the support of her family and the expertise and guidance of the Fairfax Elder Law team, Mary is now able to say with a smile, “I see a light at the end of the tunnel.”

*Common Misconceptions*
Myth: “My assets are so small that a will is not necessary.”

Fact: Think again. You are generally worth more than you give yourself credit. Even if some possessions do not hold great monetary value, they could hold an enormous amount of sentimental value “” and that’s something you can’t put a price on. Failing to indicate who receives these treasures in your will can cause friction between family members that lasts for decades.

Myth: “When I die, my spouse will get all of my assets.”

Fact: If you and your spouse own assets jointly, at death

your share of the assets will automatically go to your surviving spouse. What happens when your surviving spouse dies? What will your children receive? Does your spouse have the financial skill to manage the family wealth?

Myth: “I can create a will on my own and save the legal costs.”

Fact: “Do-it-yourself” wills often do not contain all of the necessary components as required by law. Anyone who might benefit from an invalidation of your will can contest it, and if the courts decide in his or her favor, your estate may have to pay for all legal costs. Remember, the few dollars you save now can cost your loved ones thousands of dollars later.

Myth: “I don’t want my final wishes to be set in stone. I’ll create a will later in my life.”

Fact: The terms of a will can change as often as needed. Legal experts agree that you should reexamine your will periodically to make sure it is up-to-date. A will should receive a “checkup” whenever there is a substantial change in your life.

*How Do You Create a Will?*
Drafting a will is difficult and is not an endeavor you want to tackle single-handedly. It’s important that you call on the services of an estate-planning lawyer. A lawyer might help you:

Avoid the possible problems of “do-it-yourself” wills
Save on estate taxes
Take advantage of estate planning opportunities people often overlook
Change the terms of your existing will

*Life Insurance and Wills*
How does life insurance fit into the picture? Life insurance is a vehicle you can use to help make sure your estate is not depleted at death by potential estate taxes and other costs. In most instances, life insurance proceeds are paid income tax-free to your beneficiary (ies). Without life insurance proceeds, a portion of your estate may have to be sold to meet “final” expenses, like estate taxes, funeral costs, and outstanding debts.

*Don’t Wait Until It’s Too Late*
Despite the importance of an estate plan, which includes a will, 80% of Americans still do not have one.[1] Why? Creating a will forces each of us to come face to face with our own mortality “” and dealing with death is difficult. But, it will be much more difficult for your loved ones if you don’t have a will. Remember, you should seek the services of a qualified attorney to draft your will.

_Caroline Andresen is an Agent with New York Life Insurance Company in Berwyn, Pa._

After hearing about the new area of elder law called ‘life care planning’ from a family friend, the Ellicott City resident recently contacted LifeCare Advisors at the Law Office of Larry A. Blosser, P.A.

She believed her parents would qualify as candidates since her father, Edward, was recently diagnosed with Alzheimer’s disease and tends to wander away unless constantly supervised. His need for constant supervision and gradually declining ability to perform household chores had been causing considerable stress for his wife, Rita, who with her fairly good heath, took on responsibility for all of the driving, shopping, cooking and cleaning.

Before beginning the process with the LifeCare Advisors, Sharon learned that while life care planning focuses on quality of life and keeping the seniors in control of their aging process, estate planning focuses on planning for death through the preparation of legal documents.

Once Larry explained this difference to Sharon, he described the life care planning process, which begins with a detailed questionnaire that gives the advisors important information (including the couple’s living situation, wishes, and concerns) to later be discussed in detail. Additionally, a nurse/care coordinator will visit the couple’s home to assess their current status and project future healthcare needs.

The firm will then draft a preliminary life care plan for the family, guided by the couple’s wishes and with special attention to their healthcare and psycho-social needs. Based on the couple’s goals and objectives of staying together and living in their own home, the plan will provide suggestions to address immediate concerns, as well as potential “what ifs.” For example, the plan may suggest an adult day program for Edward or regular visits from home companions to provide respite for Rita.

The methods of obtaining and paying for the options including personal assets or Medicaid will also be addressed and the family will be informed of other less-known resources such as government programs that provide financial assistance for aging-in-place home modifications and community groups that offer support services. Once the plan is presented, it is revised to reflect client comments. Then it is ready for implementation in stages (based on changes in the couple’s life), with the care coordinator conducting regular visits and acting as the client advocate and family resource as needed when questions or concerns arise.

After Sharon discussed this process with Larry, she knew life care planning would make her parents feel good about being in control of their future, and would give her peace of mind, since she’ll never have to wonder, “What would my parents want?”

Born in Montgomery County, Hilda grew up during the Depression, during which her family often changed locations. Throughout her husband’s 42 years with the Norfolk and Western Railroad, their family experienced setbacks with company layoffs and strikes, leading Hilda to work part time in retail customer service to help with finances. When her husband passed away in 1973, she worked even harder to support her two children.

But her strong and self-reliant attitude could not stop her eldest daughter from assisting Hilda in one of her most important life changes. When it was decided that Linda’s mother would be moving to an assisted living home, her house of 55 years needed to be sold.

“It was very hard for her to leave her home, but it is the best thing that could have happened at this point in her life,” said Linda, “And if not for ElderLife Financial Services, it would have been much harder for me to make it happen.”

While Linda needed help getting the house ready to sell, she wanted to make sure her mom would be taken care of. When she and her husband visited Loyalton of Roanoke to complete the paperwork for her mother’s admission, they were referred to ElderLife. Linda found it was exactly what she needed to tide her family over until the house was ready.

“I did not know that such a service was even available,” said Linda, who had taken on the full responsibility of caring for her mother and assumed the role as her Power of Attorney. Aside from the stress of this responsibility, Linda was also an administrative assistant at a local church and has two grown children.

“ElderLife’s services are wonderful for folks who are going through the trauma of moving a parent into assisted living and trying to make sure they will be financially secure while getting everything settled.”

For Linda, the process turned out to be quite simple. She corresponded with Farrell Didio, the director of Family Relations, over the phone and internet.

“Farrell was always willing to listen as I tried to figure things out and was always there if I had any concerns or questions,” she said.

According to Linda, the staff made sure that payments were made to Loyalton on time and she never felt any pressure in terms of when the house would be sold.

“In fact, I was told that if necessary, I could extend the time of the loan if the house didn’t sell in the allotted time,” she said, “Much to our delight, we put the house on the market and it sold in less than a week.”

Although she no longer needs assistance from ElderLife, Linda said Farrell has called many times to check in and see how her mother is doing.

“Not only are they helpful, but they are also very efficient and trustworthy,” she said, “They have a real compassion for the elderly, their families and what it takes to do all of the things that need to be done.”

To this day, Linda recommends this service to others, as she feels it is extremely necessary for those who do not have a lot of money and depend on the sale of their homes as a means for entering a facility.

“I am just very thankful for them,” she said.

The two met shortly after Mary’s first husband died in 1965. She was working at a sewing factory in Hancock, Maryland, and he was a railroad worker. With the five children from her initial marriage, they have 15 grandchildren and great-grandchildren.

When Mary was taken to the hospital, a family friend from church visited them and spoke with Orien.

“He said ‘Don’t try to handle this by yourself,’” said Orien, “‘It can be overwhelming.’”

He recommended David Wingate’s Elder Law Services, and after Orien researched and interviewed other services, he took his friend’s advice.

According to Orien, his parents had a will, but had not planned other important arrangements in advance. With his Life Care Planning, David was able to save some of their assets for spending and Orien felt a sense of security knowing the bills for expenses, such as burials, were paid for.

“They care about what they’re doing, it’s not just business to them,” said Orien, who knows he can call anytime to receive legal advice.

In January, after Edgar experienced multiple falls, his doctor made the decision to take him out of assisted living and place him in a nursing home, thus separating him from his wife. Orien enlisted the help of Linda Stern, an employee of David’s Elder Law Services, who worked to keep the couple together.

“If it hadn’t been for them, I don’t know what I would have done,” said Orien.

To this day, Orien feels comfortable in having this knowledgeable resource that he says takes a lot off of his mind. However, he still has some work to do in taking care of his parents, but he knows where to go when he has a question.

Most importantly, he says, “They always get back to you.”

Advance directives (living wills, powers of attorneys, and health care proxies) are legal documents that express an individual’s wishes with regard to medical decisions. They are intended to provide direction to a designated “agent” to speak on behalf of a person who is unable to speak for himself.

An agent under an advance directive has legal authority to make any decisions and take any actions for the individual who appointed them. It is important for an individual to appoint a trusted person to speak for him when he is unable to speak for himself with respect to medical and end-of-life decisions. Once that person is appointed, it is vital that the individual explains his directions as to the type of medical care he does or does not want.

The format and form of advance directives vary by state. Consultation with an attorney is critical to address the legal nuances, personal preferences, and state differences. When drafting advance directives, an individual’s wishes for health care and end-of-life decisions must be specifically addressed to assure that they will be carried out. This includes following religious preferences, personal preferences, and preferences for or against specific medical procedures. Considering the significance of these decisions, it is important to appoint an agent who will follow the individual’s directions even if family members, medical professionals, or friends disagree.

Things to Consider While Planning Advance Directives
The National Academy of Elder Law Attorneys (NAELA) advises consumers to consider five key items when speaking with an elder law attorney about a living will, health care power of attorney, and health care proxy:

1. Who will serve as your Agent for Health Care? Who will serve as the alternate?

2. Are there certain medical treatments or pain control measures you want or don’t want?

3. Do you wish to take or refuse any medication that may reduce or eliminate the ability to communicate?

4. Do you have any particular directions regarding specific health care facilities, religious preferences, disposition of your body, donation of bodily parts for transplant or research, etc.?

5. What directions will you provide related to end-of life decisions specifically regarding:
if you can no longer eat, drink, or breathe on your own
if you cannot function independent of machines
if you are confined to bed
if you have no cognitive ability

For more information about elder law attorneys and the National Academy of Elder Law Attorneys, visit www.naela.org.

“Many parallels exist between life in a retirement community and life at a summer camp,” says Mrs. Borie. She continues, “Obviously, retirement communities are far more luxurious, but the community spirit is the same. There is a sense of camaraderie and unity. Everyone is here because they want to enjoy retirement, and we are generally cheerful, happy campers.”

Mrs. Borie knows well how to be a happy camper and how to keep campers happy. As the Executive Director of the Girl Scouts in Philadelphia, she served a troop base of over 20,000 local girls. She managed a full-time staff and an army of volunteers numbering over 6,000. Mrs. Borie credits her success in the position to experience gained through the Girl Scouts: “I had a background in girl scouting from my childhood. I rose up through the ranks and learned most of my management skills working as a camp director.”

In 1977, Mrs. Borie moved from Chicago to Philadelphia in order to fill the Executive Director position. Having worked in the academic and corporate worlds in the 60s and 70s, she was fully aware of the limitations that were placed on professional women. This did not stop her from wanting “to make decisions, to have real authority,” she says. Her pursuit for professional challenges led her back to where she began. She recalls, “I thought, ‘Where can a woman be in charge?’ Then, I thought, ‘Why did I ever leave the Girl Scouts?’”

Her move to Philadelphia provided the career opportunity she had been looking for, but it also led to an unforeseen benefit. She met her husband, Mac, after moving to the city. Mac was a Marketing Director with Quaker Oats Company. He built an exceptional sales force and spent a lot of time traveling. The two hit it off quickly.

After retiring, the couple began to consider a move to a retirement community. They were motivated by a desire to plan ahead. Mrs. Borie explains, “I was the medical power of attorney for a friend who contracted pulmonary fibrosis very suddenly. During the 14 months that I spent trying to find care for her, I received a crash course in all things elder care. I learned just how difficult it is to find quality care, especially once you are very ill.” Shortly thereafter, Judy and Mac discussed their own retirement plans, and he agreed that he did not want to leave the future to chance. For Mr. Borie ensuring that he was never a burden to his three children was imperative.

When they began their search, the Bories were looking for a place that was pet-friendly and had easy access to the city via public transportation. Because of her frequent visits to Girl Scout volunteers living in local retirement communities, Mrs. Borie already had a community in mind. Cathedral Village, a CCRC in Philadelphia, is on a bus line connecting it to downtown, welcomes dogs, and has an active, diverse resident population.

“I had already seen enough of Cathedral Village to know that we would fit in, and the location was perfect,” recalls Mrs. Borie. The Bories placed their name on the community’s waiting list. They were planning to spend the next several years in their family home, but when they learned of the community’s plans to build new townhouses, they faced an immediate choice.

Initially, Mrs. Borie was hesitant about moving right away. She explains, “I was only 68; I thought I was much too young to move.” However, as they reviewed the plans for the new homes, they became more interested. They also considered the fact that Mr. Borie had recently had bypass surgery. “We actually sat down and wrote a list of pros and cons. I quickly ran out of cons,” Mrs. Borie says.

Moving day offered a poignant glimpse of their new lifestyle. After unloading their boxes in the pouring rain, the Bories were attempting to settle in. Mrs. Borie decided to take their dog, Dusty, out for a walk. She remembers, “It was raining so hard, and Dusty, who didn’t understand this move, was frantically pulling me everywhere. I was trying to keep her on the walkways when she pulled me into a concrete pillar. I broke my glasses, and my face immediately started swelling.”

Mrs. Borie was not injured, but she was very bruised. What might sound like a horrible moving day provided an important lesson. When the community staff heard about her accident, they came to check her injury to be sure it was not serious and offered to walk the dog. “I knew then that I wasn’t alone. I was really part of a community,” Mrs. Borie says.

With that type of welcome, it is no surprise that the Bories have quickly adjusted to life at Cathedral Village. She says that she often feels like she lives in a “luxury hotel” where “no detail is forgotten.” With the daily chores taken care of, the Bories are finding more time to pursue other interests.

For Mrs. Borie this includes her work with various non-profit boards, as well as increasing responsibilities within the community. She is a Trustee with the Kardon Institute for Arts Therapy and with the Mendelssohn Club of Philadelphia. Since her recent election as the President of the Resident’s Association, she is gradually shifting her focus from outside activities to more involvement in resident life. As President, she is concentrating on maintaining the high level of communication that exists between Cathedral Village residents and management. Once her tenure as President is up, she also plans to spend more time taking classes at the on-campus, lifelong learning program, Village College.

Mr. Borie works part-time at the nearby Morris Arboretum. He is also a full day volunteer at the Chestnut Hill Hospital. Closer to home, he has volunteered at the nursing facility on campus and is always impressed with how well it is maintained and operated. Both Mac and Judy are pleased with the “absence of day-to-day stress” that their new community affords them. It is almost like being on vacation, or maybe like going away to camp.

There are camps for nature lovers, computer whizzes, equestrians, and even future astronauts. They all have unique mottos and offer singular experiences. The same can be said of retirement communities. Of Cathedral Village, Mrs. Borie says, “I wasn’t here three days before I figured out that the culture of Cathedral Village revolves around the idea that this is the good life. The culture doesn’t encourage complaining, and it nourishes positive attitudes.” With such a buoyant atmosphere-not to mention amenities that far exceed roasted marshmallows and rope swings-it is no wonder that the Bories are such happy campers.

While dispensing legal advice, elder law attorneys are also able to refer clients to other professional and/or non-legal resources that are available to help meet their needs. For instance, elder law attorneys are aware of the necessity to pay close attention to the tax consequences of any legal action. They will advise clients to seek the assistance of a tax professional should that be necessary. In other cases, they may be able to recommend public or private resources that are available to help seniors in a number of areas.

Do I need an Elder Law attorney?

Because of the expense of legal services, you want to be absolutely certain that your situation necessitates the assistance of a legal professional before hiring an attorney. Before consulting an attorney, you should consider the following questions: Is this a complex legal issue? Is it likely that you will have to go to court? Are there non-legal resources available to help you? Can you resolve this difficulty on your own?

How do I find a qualified, Elder Law attorney?

The most effective way to locate a qualified, elder law attorney is through a recommendation from a family member, friend, or an attorney you have consulted before and trust. The AARP (http://www.aarp.org/legalsolutions) and the state bar association (www.hg.org) offer impartial attorney recommendations. The National Academy of Elder Law Attorneys (www.naela.org), a professional association of attorneys dedicated to improving the quality of legal services provided to the elderly, and the National Elder Law Foundation (www.nelf.org), a non-profit organization dedicated to the development and improvement of the professional competence of lawyers in the area of elder law, can both offer advice for finding a qualified elder law attorney.

Hiring an attorney is a very important decision, and you should ask a lot of questions before you make a final choice. Once you have chosen an attorney, you should continue to ask questions to ensure that you are clear on the steps necessary to quickly and efficiently resolve your legal issue.

While calling potential Elder Law attorneys, you should ask standardized questions in order to choose the attorney who is right for you. It is important that the attorney’s background demonstrate a focus in and concentration on elder law issues. Also, be aware of the fact that not all Elder Law attorneys specialize in the same areas. Be sure that the attorney has experience with the specific legal issue that you need help with. Before hiring an attorney, ask the following questions:

How long has the attorney been in practice?
What percentage of his/her practice is devoted to elder law?
What is his/her area of emphasis?
How long has he/she been in this particular field?
What is the fee for the initial consultation?
What information should you bring to your first meeting?

Once you have found an Elder Law attorney that you are considering hiring, carefully and fully explain your legal problem to them. This allows the attorney to provide an accurate estimate of the time that will be necessary to solve your problem. You will also want to inquire about the attorney’s certifications and memberships with professional elder law organizations. Finally, be sure that you clear on the specific costs involved in solving your problem, as well as the attorney’s billing methods. The questions below will help you to get the information you need before making a final decision to hire a specific Elder Law attorney.

What will it take to resolve this issue?
Are there alternative courses of action?
What are the advantages and disadvantages of each possibility?
How many attorneys are in the office?
Who will handle your case?
How long has the attorney been practicing?
What percentage of the attorney’s practice is devoted to elder law? Does his or her practice emphasize a particular area of elder law?
How much experience does the attorney have with cases like or similar to yours?
How much elder law training has the attorney had, and from what organizations?
If a trial will be involved, does he/she do trial work? If not, who will go to trial for you, and how much trial experience do they have?
Is your attorney a member of the local bar association?
Is your attorney a member of the National Academy of Elder Law Attorneys?
Is your attorney certified as an elder law attorney by the National Elder Law Foundation?
What is the estimate of the time involved to resolve your problem?
How are fees computed? Will rates be hourly, or is there a flat rate for this particular service?
What additional out-of-pocket expenses will be incurred (such as copying, postage, court, messenger, and phone fees)?
What is the estimate of the cost involved to resolve your problem?
Will the attorney require a retainer (money placed in a trust account before services are rendered)?
How often does the attorney bill?
Will the attorney provide you with an agreement for both of you to sign that specifies what services will be performed and what the fees and expenses arrangement will be?

This article was adapted from the National Academy of Elder Law Attorney’s and the National Elder Law Foundation’s websites. For more information, please visit their sites: www.naela.org or www.nelf.org.