Finding the right elder law attorney can make a real difference for your family. But knowing which questions to ask can be hard, especially if this is your first time navigating elder care. Here are 10 questions worth asking before you hire anyone.
1. How long have you been practicing elder law, and is it your primary focus?
Elder law is a specialized practice area. You want someone who focuses on it, not an attorney who handles it occasionally alongside other areas of law. Ask what percentage of their practice is dedicated to elder law.
2. Are you a member of NAELA or do you hold a CELA designation?
NAELA (National Academy of Elder Law Attorneys) membership indicates a commitment to the specialty. A Certified Elder Law Attorney (CELA) designation indicates additional demonstrated expertise and continuing education.
3. What is your experience with Medicaid planning in this state?
Medicaid rules are state-specific and complex. If long-term care Medicaid may be relevant to your situation, you want an attorney who knows your state's specific rules well. Ask how many Medicaid cases they've handled in the past year.
4. Do you offer a free initial consultation?
Many elder law attorneys offer a free 30-minute consultation. This gives you a chance to assess fit before committing to fees. Even if there's a fee, it's often worth it to get a clear picture of what you need.
5. What are your fees, and how do you bill?
Understand how you'll be billed — hourly, flat fee for specific documents, or a retainer. Ask for an estimate in writing before work begins. Flat fees for document preparation (POA, will, health care proxy) are common and allow you to know the cost upfront.
6. Who will actually do the work on my case?
In some firms, your case may be handed off to a paralegal or junior associate after the initial meeting. Make sure you know who will be your primary contact and who will draft your documents.
7. What documents do I need to bring to the first meeting?
A good attorney will want to understand the full picture: financial accounts, existing legal documents, real estate, insurance policies, and health status. Ask in advance so you can come prepared.
8. What are the most important things I should know about my situation that I might not be thinking about?
This open-ended question can reveal how a prospective attorney thinks. A good elder law attorney will identify issues you haven't considered — not just answer the questions you already know to ask.
9. How do you communicate with clients — email, phone, portal?
Find out how the office works and what to expect for response times. Clear communication is especially important in elder law, where situations can change quickly and urgency matters.
10. Do you work with a team of other professionals (financial planners, care managers)?
Elder care often requires a team approach. Attorneys who have relationships with geriatric care managers, financial planners, and other specialists can help you access a broader network of support.
A Note on the First Meeting
You're not obligated to hire the first attorney you meet. Many families speak to two or three before deciding. Trust your instincts — you want someone who listens, communicates clearly, and makes you feel that your family's situation is understood.
This article provides general educational information. This is not legal advice. The right attorney for your family depends on your specific situation and state of residence.