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It is very clear that our family will have to hire a certified elder law attorney to help our parents. Before we can even start talking about who pays for what, I would like a general idea of what to reasonably expect? I know it isn't cheap, and depends on the services needed. We already have established medical and financial power of attorney for my parents, but we are not sure what to do about Aid and Attendance (Dad is a vet) or Medicaid planning if applicable. I am not concerned about preserving assets for inheritance purposes - just seeing to it that they get the care that they need while alive. Both parents are declining rapidly and many financial mistakes have already been made.
So, my question:
If/when you hired an elder law attorney, why did you do it? What did they do for your family, and what did it end up costing after all was said and done?
It is very clear that our family will have to hire a certified elder law attorney to help our parents. Before we can even start talking about who pays for what, I would like a general idea of what to reasonably expect? I know it isn't cheap, and depends on the services needed. We already have established medical and financial power of attorney for my parents, but we are not sure what to do about Aid and Attendance (Dad is a vet) or Medicaid planning if applicable. I am not concerned about preserving assets for inheritance purposes - just seeing to it that they get the care that they need while alive. Both parents are declining rapidly and many financial mistakes have already been made.
So, my question:
If/when you hired an elder law attorney, why did you do it? What did they do for your family, and what did it end up costing after all was said and done?
Many thanks in advance for any input.
Yes, we hired an elder care attorney for my MIL's situation, which included extended family trying to steal from her, a guardianship (since we couldn't find her POA) and all sorts of injunctions and drama. The cost for that was $20,000. Yes, $20,000. But I think that's extreme.
When my dad died, he had property and businesses in two states, so settling his estate was complex, even though my mother was his only heir. His estate attorneys charged by the hour and it was around $5000 for one state and less than that for the other, I think around $3000.
I would expect to pay an hourly rate and I'd also expect to put up a retainer of at least $1000. The hourly rate might be anywhere from $125 to $250 or so an hour - at least that's what it is around here.
My mom had a POA and all her paperwork in order, and had streamlined everything and sold most of the property when she passed away, and so the attorney only required a $1500 retainer, and if we don't use all that he will issue a refund. I know that's an estate instead of what you're describing but still - it gives you some idea of costs, I hope.
As with many service by hour processes, the more info you have organized and available before hand, the less wasted time and more quality research and answers.
Finances (costs, budget, assets), property ownership with how titled, insurance policies, health status and medical potentials, goals, etc. need to be in some kind of organized set of records for quick review.
We did this for our financial planner and gave her a CD with all the info for her use. (she did not need passwords, account numbers, etc.)
If you find an attorney, ask them if they have a sheet of necessary information also. Will help you decide if they are organized too.
I paid about $9,000 for a year's worth of services....trust established, advice, moving real estate property to Lady Bird Deed, wills, and powers of attorney, medical documents, etc. Each year I can renew for $1300.
We took our mother to an elder law attorney, and she wrote my mother a will, and made sure the relevant forms were correct. She also gave us advice about handling her funds. When we moved her to a different state, we visited a local attorney, and made sure the relevant forms were complete.
We got good general advice from her as well.
All four of us (mom and daughters) were at both meetings, although one daughter had to attend one of the meetings via speakerphone.
With a will, you need to make sure everything is correct via state law. Things differ from state to state.
When DH and I moved to WA, we had our trust and will restated according to WA law. When you visit the attorney, you need to take all possible documents. You should expect to get good advice about end of life issues, as well as about how to navigate the system.
We took our mother to an elder law attorney, and she wrote my mother a will, and made sure the relevant forms were correct. She also gave us advice about handling her funds. When we moved her to a different state, we visited a local attorney, and made sure the relevant forms were complete.
We got good general advice from her as well.
All four of us (mom and daughters) were at both meetings, although one daughter had to attend one of the meetings via speakerphone.
With a will, you need to make sure everything is correct via state law. Things differ from state to state.
When DH and I moved to WA, we had our trust and will restated according to WA law. When you visit the attorney, you need to take all possible documents. You should expect to get good advice about end of life issues, as well as about how to navigate the system.
This is what my husband and I did recently (wills, POAs, medical directives, etc.) and a consultation, and that cost us about $1000 for the two of us.
I don't know about the cost of lawyer, but wanted to say that applying for aid and attendance is not hard to do yourself. the forms are all available on the VA website.
My parents had their wills updated and notarized, POAs, living wills done, and placed their house in the kids names in case of Medicaid lookback issues down the road ( they’ve had a lot of health issues and they felt this was in their best interest- the attorney agreed). Total cost was less than $1000. But lawyer is a friend of the family so I really have no idea if he gave them a break or not. He said a trust was absolutely not needed, in their situation.
I went to an Elder Care attorney with my Mom and the goal was to have them apply for Aid and Attendance for her (my Dad was a vet, was deceased). I had to give them $4500 down payment. After months of getting nothing, and months of conversation with the assistant attorney who was rude, unprofessional and unwilling to do the work necessary, I asked for a refund.
I successfully obtained $2000 back after threatening to take them to court.
It is very clear that our family will have to hire a certified elder law attorney to help our parents. Before we can even start talking about who pays for what, I would like a general idea of what to reasonably expect? I know it isn't cheap, and depends on the services needed. We already have established medical and financial power of attorney for my parents, but we are not sure what to do about Aid and Attendance (Dad is a vet) or Medicaid planning if applicable. I am not concerned about preserving assets for inheritance purposes - just seeing to it that they get the care that they need while alive. Both parents are declining rapidly and many financial mistakes have already been made.
So, my question:
If/when you hired an elder law attorney, why did you do it? What did they do for your family, and what did it end up costing after all was said and done?
Many thanks in advance for any input.
The lawyer we used to write out my moms very simple very basic will and power of attorney documents, charged us $1500 about 10 years ago. . She basically had no assets at all so it was a very very simple will.
We hired an elder care attorney to help us with my mom’s Medicaid process. We got this law firm from a seminar they put on at my moms assisted living facility. That ended up costing $7000, which I find shocking. She basically just filled out the applications and then emailed me telling me what she needed. But I work full-time in the whole process was very overwhelming and I just wanted help with it. But in any case they are very expensive in my experience. It was helpful to me as someone with ADD to have structure and have someone just tell me here is what you need to get me. I didn’t really matter by that point, as she was spending down to Medicaid anyway so really just got her onto Medicaid a month or two faster than if she had that $7000.
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