Finding an Elder Law Attorney

LindaLouise

I feel like I should know how to do this, but I'm struggling to find an Elder Law attorney and also am afraid that I should have done this a lot earlier. My DH of 45 years was diagnosed almost a year ago, with moderate dementia and with the shock of that diagnosis, I'm now trying to get this sorted out. We do have a great financial planner, and tax person, but I know this is also important. We have POAs from years (decades!) ago and health directives, but would feel better updating everything. Is it too late? And any advice on how to find one of these attorneys? I see estate planning listed on many websites, but don't know if that is the same as an elder law attorney. Sorry for all the questions!

Ed1937

Hi Linda. You need to a CELA as soon as possible. We can't tell you if it's too late to enjoy all the benefits possible through a CELA, but they will guide you, and they can answer any questions you might have. Look at https://nelf.org/ to find one. It's more than likely that you will need to have some of your legal documents updated. Especially POA for you. Your husband cannot act in your behalf any longer, and that needs to be changed if that's the way it is now. There will also likely be other things that need updated to insure you can protect all the assets possible in your state.

Also look at the right top of this page. You will see ALZConnected Resources. Hover on that for more helpful information. Especially the "Solutions Center".

Jeanne C.

I found ours on the resource site from AARP and Alzheimers Association https://www.communityresourcefinder.org/ProviderSearch/Search?ProfileDefinitionId=11&location=19977

Chammer

Nelf.org is the website to use to search CELAs in your area.

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LindaLouise

Thank you all so much! I used the links that were provided and was able to find and get an appointment with a CELA in a couple of weeks. I feel better just having the appointment and so appreciate all of your comments and support/help! I can't express how much it helps to have this site to go to for help/support and the comfort that comes from knowing I'm not alone in this challenge!

Kibbee

I've had consultations with two different CELAs regarding review of our existing Trust and POAs, and asset protection and Medicaid planning. While they each had recommendations for asset protection, they did not have the same recommendations, which was somewhat confusing so I'm still working through it. What they both did agree on was to find fault with our current POAs for finance - citing concerns that I would not be able to manage investments, etc, and offering to draw up new POA documents. I found that interesting since we have been working with one investment firm for the past 30 years and in addition to our general POAs we have signed all of the POA documents specifically required by that firm. I have always been the person managing both of our accounts there, since DH was never interested in being involved. (I can count on one hand the number of appointments he attended with me during that time.) We also bank with just one bank - again for 30+ years. I'm the one who has always gone there and taken care of everything and I've never had any problems there either.

What am I missing?

M5M

I talked to three different CELAs till I found the one I worked with. All 3 were well known in the community and even suggested by my local Alz Association. First one only handled "simple" Medicaid cases. Second one told me we were over the asset limit for Medicaid and to rethink my plans. Third one seemed more in tune with what I wanted, and drew up new POAs and an irrevocable trust. He requested a list of all our assets which I provided. I arranged a telephone conversation between CELA and financial advisor. Still, turns out some of the investments we have would need to be sold to conform to a Medicaid shielding plan. We will be able to self pay memory care if we need to, but I was very disappointed the CELA did not put more attention to what the investments were. The trust has not been initiated and likely won't, although I sure paid for it. I was also disappointed that he did not offer more "down to earth" explanations of various things. His admin assistant protected access to the attorney and overall I felt ignored. Ask for recommendations from several other people and interview the attorney before committing.. Best wishes.

Ed1937

@Kibbee We have one member who trusted her first attorney, but she was given a lot of bad advice, costing her thousands of dollars. Maybe a meeting with a third CELA would be a good thing for you. I would also ask the others why they think you would not be able to handle the financials that you have been handling for years. Is it because you're a woman, and that's a man's job? Are women somehow incapable? It just doesn't make sense, and you need answers for that.

Belle

Regarding the question @Kibbee asked about handling financials. - I have noticed a lot of estate attorneys in our area and even the CELA I work with have financial planners co-located with their offices. Makes one wonder if there isn't some self serving reason to push business towards the in-house financial planner. Same thing happened with our LO that had alz, I've managed finances/investments for decades and there was a push for us to allow the in-house person to take over that task.

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Jeanne C.

I have to say I've been very pleased with our CELA. The firm has medicaid experts in house to manage the application process. They walked me through everything, answered all questions, and literally hand-delivered the application for me. I consider myself reasonably well-versed in business (MBA who has handled multimillion dollar budgets for much of my career) but I couldn't have done this on my own. I feel like I'll still be able to retire when I'm ready because we're protected.

Kibbee

@M5M One of the CELAs I consulted with did recommend an Irrevocable Trust. Specifically he said to cash out DH's Roth IRA and put that $$ into a trust. He commented it would mean a loss of long term tax benefit, since Roth IRAs grow tax free and funds can be taken out without taxes due. Found it interesting that the CELA's advice runs counter to my financial advisor's position that Roth IRA funds should be the last money tapped for spending in retirement.

When I looked into Irrevocable Trusts, it stated that if the Trust's start date is within Medicaid's 5-look back period, it can cause denial or delay of approval for Medicaid. So, aside from the fact that you're basically giving your money away to a trust and hoping everything is air-tight for the trustee to pay it back out to you, if the timing isn't right it could backfire.

Frankly the best info I got from the CELAs was an understanding of what assets are exempt, versus what assets are not exempt and will have to be spent down before Medicaid would be approved. That information was very helpful, and changed our approach to which assets we will use first.

M5M

Kibbee, thanks for the information. I talked with my other financial advisor, we have an account that has been passed down and keep it.....she was very wary of the irrovocable trust. We have an appointment to talk in a couple of weeks and I may or may not fund it. This financial advisor has consulted her experts for advice.

I won't be posting for two weeks as we will be away from much technology.....but stand by for updates in the future. Oh, if Alz wasn't bad enough by itself, the things we learn along the way!

Belle

Just got back from an appointment with a CELA today, trying to get all of our documents in order in case something happens to me first. Our lawyer did not recommend an irrevocable trust, she has had clients that have come to her after setting up irrevocable trusts with other attorneys, and they were not happy about how limited they were in what they could do. That's not legal advice just wanting to comment on other's replies regarding trusts. We've decided to go with a revocable trust and I will review it every 3 years to make sure it's adequate.

jscott

Would someone please explain the benefits of a CELA? I have an estate plan but know I need to update my DPOA. If Medicade/MediCal isn't an option now or in the future, what are the other reasons for seeking out a CELA? There isn't one within 100 miles of our home. Thank you for the input and help. I'm very new to this and working to get a grasp. I started reading The 36 Hour Day this morning.

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