Made an appointment with an Eldercare Attorney

fireflies

I often read these  messages but don’t frequently post.  Part of the reason is my husband is beside me so often and I feel like I don’t have time to myself to compose a message.  You are all such a resource and hope with time I can help others too.

I’ve been knowing and wanting to see an attorney to see what needs to be updated.  I’ve been procrastinating partly not knowing where to begin and partly knowing I want the first consult visit without my husband.  How can I tell a lawyer my husband has Alzheimer’s when he doesn’t recognize it himself.  Plus the logistics of telling him where I’m going when I see someone.  Well I told myself this needed to be done before the end of the year.  The first attorney I talked to for my free consult was someone I found with my online search.   She was very nice and gave me some information to think about but she doesn’t do eldercare and recommended someone where that is his majority of work.  I also asked if she had a second name too and she gave me a second attorney name also but wasn’t sure she was still practicing.

I called them both. The women attorney can’t  see me until November 16 and sent out a packet of papers to fill out before my visit.  The paperwork is very thorough and detailed about all finances plus everything else. This first visit is also complementary.  The second attorney had a free 20 minute phone consultation which was last Friday (Oct.29th). I didn’t expect the phone consult would cover very much but it did. I had all my financials written down from the paper the first attorney sent me so was able to tell him in good accuracy what I had IRA, his IRA, savings, MM, etc.  He asked if I looked at MC yet. I told him no we weren’t there yet.  He recommended I look now and recommended one in my area that he likes if I wanted to start there. He said even if not interested at this time see what the census is and maybe be put on a waitlist as it could be long.  He thinks at this time just need an DPOA but talked about I may need a trust in the future.  He will redo my will also if I want him to.  To do the DPOA for the both of us is only $175.00.  I liked that at 10:30 his office called and said he was still on another line and was running a few minutes late.  I liked that he mentioned that Medicaid planning is too early at this time but mentioned trusts in the future.  I made a follow up appointment with him for November 12th in his office with my husband to do the DPOA. 

My question is should I still see the second attorney on November 16th.  If I did this I would reschedule my November 12th appointment to a later date to compare both lawyers before making up my mind. But in reality I liked the attorney I talked to on the phone.  Just want opinions of others who have done this already.  I have enough money for MC at this time for 10+ years.  My gut tells me to use the telephone attorney for the DPOA but surprised he didn’t mention other forms.  I could have said we have living wills and financial DPOA already.

Thanks for any input.

Joe C.

I would try to reschedule the 11/12 appointment and see what the other attorney has to offer. I originally interviewed several CELA before making my choice.

Ed1937

Did he give you a price for everything? If so, you have something to compare with when you see the other attorney. I know Joe C said he found quite a difference in prices when he saw different attorneys. Just make sure you're comparing apples to apples.

Beachfan

I agree with Joe.  But make sure your final choice is a CELA (certified elder law attorney).  As an aside, do start researching Memory Care facilities.  My advice is to look at “stand alone” MC facilities; they do nothing  but Alzheimer’s/dementia.  Typically all inclusive and residents can age in place there with hospice if desired.  I have been investigating facilities for two years, made a decision, and will place DH on Nov. 12 for a 30 day respite, more than likely leading into permanent placement.  My heart aches as the days pass, but there is a sense of peace as well.   Good luck to you.

fireflies

Thanks for the feedback. Yes I do need to reschedule the November 12th appointment so I can also talk to the in person appointment on November 16th.  Neither website actually mentions CLEA but believe both primarily handles Eldercare cases. The attorney I had the phone conversation on his website states he is “Co-chair of the Ohio Elder Law Institute (2020-2021)”. Secretary for the Ohio Chapter of the “National Academy of Elder Law Attorneys”. Also Section Council for Elder & Special Needs Law Section of the Ohio State Bar Association.  Both attorneys are members of the “National Academy of Elder Law Attorneys”. Is that the same as CLEA?

Since I liked the phone conversation attorney would like to stop there but need to do my due diligence. It’s just hard to carve out time to talk and see attorneys. Even to talk to the attorney on the phone I had to say a fib to leave the house so I could have a private conversation.

I will just be relieved when this part is handled.

Beachfan

Sounds like both of your prospective attorneys are CELA’s.  A good start for you to do some interviewing and price comparison.  It’s never too early to get your financial ducks in order; we have done several follow up consultations on beneficiaries, property transfers, etc.  I feel secure going forward financially.  

Don’t overlook the MC research.  I started by phone; every place I called answered every question I posed, including cost, and from there I scheduled tours and “dropped in” unexpectedly at several. Also spoke to family members who had loved ones in facilities for the nitty gritty- - that was eye opening. (DH was oblivious when I started researching so it was not an issue to talk in his presence; I even took him along on some tours.). Best of luck going forward; it’s a gut wrenching undertaking.  

Ed1937

fireflies wrote:

Both attorneys are members of the “National Academy of Elder Law Attorneys”. Is that the same as CLEA?

https://nelf.org/page/ElderLawDifference  

fireflies

Ed1937, thank you for the link about elder law attorneys.  After reading this I definitely feel comfortable with the attorney I talked with on the phone.  I do now plan to meet with the second attorney for the in person interview.  This time I will have questions written down to ask  and after that will see if I need to talk to anyone else.  

I’m not completely naive about elder care attorneys. I learned some when I was the DPOA of my husband aunt who passed away in December 2020 at the age of 98.  She was in a LTC facility the last 2 years of life.  When filling out paperwork for placement had to tell them that she had gifted both my husband plus one other nephew $15,000 each within the 5 year look back.  We said we were able to give the money back but not the other nephew.  At that time the nursing home recommended for me to hire a Medicaid attorney.  I knew even less then but researched on line and found someone who could help us without having to pay back the gifts plus got her on Medicaid, plus had a small trust that in death was shared between the two nephews.  He also had me set up a QIT account due to the fact that she had a LTC insurance policy that helped with the nursing home costs. You would think having LTC insurance would be good but in her case just caused more paperwork.  The cost for that attorney was $8,000.  The attorney did what he was paid to do but in my case at this time have no interest in using him for me and my husband.   This same Aunt who passed away at 98 was DPOA for her sister who had to go to a nursing home in 2009 due to Alzheimer’s.  I found a check that she wrote to her Eldercare Attorney for the amount of $4,650 and that was in 2009.  I live in NE Ohio and I’m thinking the cost of attorneys may be higher in this region.  

The initial attorney I talked to in person (but I found out doesn’t handle eldercare law) did recommend to interview more than one person because prices vary between lawyers.  

My goal at is to get whatever paperwork that needs to be done at this time which I believe is probably the DPOA.  I am wondering if we need to have our home in my name only. If we use Medicaid in the future will they take the house after the spouse dies. Currently the house is Titled in both names with going to the living spouse upon death of the other one.

I hope I’m not rambling on too much but I’m thankful for your feedback.