Select an attorney knowledgeable in the relevant areas of law, such as estate planning, Health Care Proxy, Medicaid planning, asset preservation, long-term care, Power of Attorney and with whom the client is comfortable.
The confidential nature of the attorney-client relationship must be preserved. The client may wish to include others in meetings with the attorney, but participation by others must be only with consent of the client. Often the attorney sees the elder client with family members or friends.
The question “Who is the client?” needs to be discussed and clarified. This is the obligation of the lawyer.
Legal fees also need to be discussed, clearly understood and agree upon by both the lawyer and client. Use of a written retainer agreement is recommended.
The attorney needs to make the client aware of the following possible areas of concern, among others:
- Health Care Proxy and Living Will
- Durable Power of Attorney
- Estate Planning, Trusts and Wills
- Supplemental Needs Trust
- Medicaid Planning, including asset preservation
- Long Term Care Planning, including insurance
- Planning for Disability
- Planning for other family members with special needs.
- Planning to avoid probate
- Protecting the family or vacation home
- Related areas of interest