If you or a loved one is in need of an elder law attorney, you need to find a litigation lawyer who is not only experienced in negotiating settlements and handling court cases, but also has experience in the specific laws that affect the elderly and their families. Not all lawyers are adept at handling the complexities of elder law issues, which frequently change and require specialized knowledge. You?ll also want an attorney who has the unique blend of respect and compassion needed to work with you or your loved one. Asking the right questions at an initial consultation can help you choose the right representation for your needs. Most attorneys will give you an initial consultation for free over the phone or in person. Before committing to anyone, ask the following questions:Do You Specialize in Elder Law?It may seem obvious, but many people don?t ask this first, crucial question. There are firms that will say they handle elder law cases, but they may not have specific lawyers who specialize in the complex issues surrounding the legal needs of the elderly. Ask about the firm?s attorneys. Is there someone who is strictly a Medicare or guardianship lawyer? Chicago has numerous laws affecting the elderly and you?ll want someone who is up to date on the most recent changes affecting you and your family.What Areas of Law Does Your Firm Handle?There are many issues involving the elderly. Be sure to ask about the firm?s experience in a variety of areas. Keep in mind that while you may be looking for a litigation lawyer to represent you for a specific task, it?s likely that you?ll want him or her to continue representing you in the future as your legal needs change. Down the road, you may not need litigation expertise, but need a guardianship lawyer. Chicago attorneys can be adept at both as part of their elder law experience. Some areas of expertise might include: 1. Guardianship issues2. Medicare and Medicaid issues3. Social security and/or disability issues4. Estate planning5. Durable powers of attorney6. Long term care needs7. Elder abuse8. Living wills9. Preservation of assets10. Management of estates and trusts11. Age discrimination12. Retirement, survivor benefits and pension issues13. Competency and mental health issuesAre You A Member Of Any Relevant Organizations?There are numerous organizations that focus on elder law issues. The best elder litigation lawyers belong to at least one of these organizations in order to take advantage of the many benefits of membership, including advocacy and research opportunities. Two organizations that focus on the unique needs of the elderly include The National Academy of Elder Law Attorneys, Inc, or NAELA, and the Special Needs Alliance. On the local level, ask if the law firm is an active member of the Area Agency on Aging or any equivalent group.Are You a Super Lawyer?The designation of ?Super Lawyer? is a title granted to only the top 5% of all lawyers in a given area or expertise. Because Super Lawyers are chosen by their peers, this designation is especially impressive; it means that the elder law or litigation lawyer you are speaking to is a trusted professional that other attorneys will turn to when the need arises.Do You Educate Others About Elder Law Issues?If an attorney regularly gives lectures or has speaking engagements on various issues facing those 65 or older or is a litigation lawyer called upon to educate others through the Bar Association, you can be sure he or she has an in depth understanding of any issues facing the elderly. Look for attorneys who regularly teach others about retirement issues, estate planning, elder abuse, competency issues, and health care issues involving the elderly.
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