When should I hire an elder law attorney?

The moments that matter most

• While capacity is intact. A durable power of attorney and a health-care proxy can only be signed by someone who understands them. After that point the only route is guardianship — public, expensive and slow.
• Before transferring assets. Gifting a house or moving money to family can trigger a Medicaid penalty period under the five-year lookback. This is the single most common and most costly mistake made without advice.
• At the point of a nursing-home admission. Admission agreements often contain arbitration clauses and responsible-party provisions that a family signs without reading under pressure.
• When a Medicaid application is denied — appeal deadlines are short, often 30 to 90 days.
• When money starts disappearing. Financial exploitation cases depend on bank records that are easier to obtain early.

What to bring to a first meeting

A list of assets and how each is titled, recent statements, any existing will, trust or power of attorney, insurance policies including long-term care, and a summary of the medical situation and care needs.

Questions worth asking

How much of the practice is elder law rather than general estate work; whether the attorney handles Medicaid applications and appeals personally; whether fees are flat or hourly for each stage; and who takes over the file if the attorney is unavailable. The National Elder Law Foundation certifies specialists, which is one objective filter among several.