Aging Well

What is an Elder Law Attorney

What does an Elder Law Attorney do and how do you find the best one?

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A Gavel And A Name Plate With The Engraving Elder Law
By
Liisa Ogburn
No one has the time or wherewithal to become a jack-of-all trades when caring for their declining parents. To fill the needs, many new and emerging professions have come to the fore. For the month of March, I will be profiling some key ones through interviewing local experts. Elder Law Attorney Janna Wallace, of Omega Law, was kind enough to answer questions for today's post.
  1. What does an Elder Law Attorney do?
They assist seniors and their families with legal issues common to aging, such as paying for care through public benefits (such as Medicaid and VA), housing issues, handling legal incompetency, estate planning and probate.
  • What is your background and/or training?
  • Four years at Department of Social Services as a Medicaid eligibility specialist for the disabled and the elderly, law school, 16 years practice experience predominately in social security disability, estate planning and elder law. NC State Bar Board Certified Specialist in Elder Law.
  • What value do you bring to your clients?
  • Sympathetically and patiently bringing them down-to-earth advice about asset protection and passing assets to their intended beneficiaries. My extensive experience in several legal areas makes my legal advice comprehensive.
  • Are there credentials? If so, what kind of credentials should we look for when selecting an Elder Law Attorney?
  • Personally, I have the distinction of being a NC Bar Board Certified Specialist in Elder Law, the only one practicing in Wake County. When looking for an elder law attorney, a prospective client should ask the attorney how long they have been practicing in Elder Law, how much of their overall practice is in this areas and how many hours of continuing legal education they take in Elder Law (12 hours each year in any area of legal practice is our base minimum in NC. Additional hours are required in Elder Law to secure and maintain certification.)
  • What are the three most common reasons people contact you?
  • To get advice on how to get a loved one more care (after noticing a decline, a sudden illness or injury); to plan their estate; and to get legal advice about a family member who has developed cognitive impairment but does not have a power of attorney, etc. in place.
  • Tell me one story about how you have helped a client?
  • Gosh, there are just too many stories. I hope everyone I meet professionally I have made their lives at least a bit easier and eliminated something they were worried about.
  • How do I find an Elder Law Attorney if I don’t live in this region? Is there a database or association I should search?
  • Best database is the National Academy of Elder Law Attorney website. Most attorneys who have joined this organization are serious about elder law.
  • What can I expect to pay for these services?
  • Less than they are worth :-). An ounce of planning (prevention) is worth a pound of cure.
  • What are names of other individuals/agencies working in this region in this space?
  • In the Cary/Raleigh area, Linda Johnson and Bill Kratt; in Durham, Larry Rocamorra.
  • Any additional advice?
  • Research your attorney to determine their level of experience with the matter you are consulting about.

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