Finding an Elder-Care Lawyer

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They have practiced elder law for at least 10 years and have high ratings from legal rating service Martindale-Hubbell.

KEY QUESTIONS

Some experts recommend interviewing at least three lawyers before hiring one. Larry Lazzarini, a computer programmer at CVS Caremark (CVS) in suburban Chicago, went to the extreme, contacting seven elder-law attorneys before selecting one for his parents. Two tried to sell him long-term care insurance and annuities. "It made me wonder if they had good advice to offer or if they were trying to collect a big commission," says the 55-year-old. Lazzarini ended up going with the lowest-priced elder lawyer he could find. Most attorneys wanted $9,500 to fill out the complicated application for Medicaid, the government program that provides health benefits for the poor. But he found one who would do it for $6,000.

What should you ask a potential lawyer? Jane Ingalls, the 43-year old founder of Artemis Communications, a Denver marketing firm, asked prospects: "What type of client is your 'typical' client?" Her mother, who lives in Denver, has Alzheimer's and no insurance. "If a referred attorney tends to work with very high-net-worth clients—and your parent isn't—you're unlikely to receive the insight or service that you need," she says. It's also crucial to ask lawyers how they like to communicate—via e-mail, telephone, or in person—and how quickly they will respond to your requests.

Expertise matters most. It's a lesson Ronald Cleaves, 58, an insurance agent in Norwell, Mass., learned the hard way. His in-laws' first attorney set up an estate plan that guaranteed they could live out their years in the family home. But the plan didn't address their income or assets, which were too high to qualify for Medicaid. That became a problem when their health deteriorated, and they needed to pay for a nursing home.

To fix the situation, Cleaves hired Senior Resource Center, an elder-advisory firm in Quincy, Mass. The firm unwound the original estate plan, settled the related tax liabilities, and got them enrolled in Medicaid—an eight-month process. The Senior Resource Center also helped with the in-laws' transition to a nursing home. According to NAELA, at least 90 law firms nationwide offer such integrated practices, in which legal advice is combined with geriatric-care management.

While some lawyers give a free one-hour consult, hourly rates typically start at $300 nationally and can be more than $700 in New York City. Obtaining guardianship for a parent can cost as much as $30,000 because it often requires extensive time in court. Amid the economic downturn, some lawyers say they are willing to discuss discounts. It's also worthwhile to negotiate a flat fee for less complicated matters, such as drawing up a will.

The outlay upfront can save you money in the end. In 2004, Guy Cecala, CEO of Inside Mortgage Finance Publications in Bethesda, Md., and his three siblings moved their mom to a "glitzy" assisted-living facility in suburban Washington. It cost more than $100,000 a year but provided just mediocre service.

When Cecala hired a local elder attorney two years ago to help with his mom's estate and medical directive issues, the attorney told them he would have recommended a nonprofit facility that charged half as much. Says Cecala: "I know now that money spent on furniture and artwork isn't as important as [the staff] and the care they give."

Young is a Personal Business editor for BusinessWeek .

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