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How to Choose an Elder Law Attorney

 

In the United States, the 21stcentury has seen increased longevity that originated with the Baby Boomer generation (who were born between 1946 and 1964). The lengthened lifespan of aging Americans leads to increased individuals seeking benefits from elder law.

When choosing an elder law attorney it pays to take your time

Elder law itself takes root in the Older Americans Act of 1965, which offers social services to senior citizens. State bar associations in 39 states have committees dedicated to issues surrounding aging and disability.

The majority of aging Americans will benefit from the services of an elder law attorney. They will represent the older individual in several matters, including guardianship, estate planning, living wills, trusts, estate administration, insurance, probate, long-term senior care and power of attorney, and additional services.

Choosing the right attorney to represent you or an elder loved one is a task that should be given considerable weight. Here are some helpful tips for seniors to choose the appropriate elder law attorney to best represent their individual needs.

1. Assess Your Concerns

Before you start on the journey to choose an elder law attorney, seniors and/or their families should create a list of current and foreseeable concerns that an elder law attorney can address. Recognizing your needs will assist in evaluating potential lawyers who should be qualified in handling specific areas of elder law.

2. Seek Referrals

Referrals are an excellent way to lead to an initial consultation with an elder law attorney. Friends, family, financial advisers, and clients who have had positive experiences with a particular elder law attorney can pave the way to a fruitful client-lawyer relationship.

3. Hire KnowledgeElder-Law-Book-Gavel

Laws change constantly and elder laws are no exception. States’ elder laws differ across the country. The attorney you choose should be knowledgeable of the existing laws and policies of your geographic location. A skilled and educated lawyer stays updated on current practices in elder law.

During your search, you may consult with lawyers who are extremely knowledgeable about one or two specific issues revolving around elder law while others can help with general inquiries.

4. Visit the Bar

Elder law attorneys should be registered by the American Bar Association and licensed to practice in their state. An attorney’s credentials can be researched online through any of several professional organizations, such as ElderCounsel or the National Academy of Elder Law Attorneys. An elder law attorney who also pursues board certification receives verification of the lawyer’s expertise and ethics in specific areas of the law.

5. Schedule Consultations

Brief, in-person interviews with potential elder law attorneys are important in helping to determine if you are comfortable and at ease with conducting business in their offices. You also have the opportunity to gain feedback about the staff. Know beforehand that specific legal firms offer free consultations, while other lawyers charge a fee.

6. Evaluate Relatability

The elder law attorney with whom you eventually settle is someone with whom you will ideally establish a trusted partnership. You should feel comfortable discussing all areas of concern with the elder law attorney.

A lawyer who is attentive and whom you sense will fight for your rights is someone you want on your side. Choose someone with whom you are able to have open conversations, and you’ll be less likely to struggle with an uncommitted or unsympathetic elder law attorney.

Practical services, such as the power of attorney, wills, and advanced directives, can be handled by an elder law attorney.  But the right lawyer will offer you a customized approach to your situation, along with the pros and cons of each scenario. In short, a skilled elder law attorney will invest the time to offer you personalized solutions.

7. Ask QuestionsElder-Law-Attorney-Books-Gavel

Schedule brief meetings to consult with potential elder law attorneys. An interview should consist of a series of relevant questions that will help you determine whether or not you’d like to start a possible long-term association. Questions may include the following:

  • How long have you been practicing elder law?
  • How do you stay abreast of current elder laws?
  • Do you hold a license to practice elder law in this state?
  • What elder law organization are you a member of?
  • If it becomes necessary to go to court, do you possess litigation experience?

An elder law attorney who is sensitive to your concerns is one who will help you know your options.

8. Investigate No- or Low-Cost Options

Pro bono services are available to the elderly who qualify for low-cost representation; these individuals must meet certain criteria to be eligible. Veterans have the option to seek help from free law clinics that operate through their local chapter of the Veterans Administration or the National Veterans Legal Services Program, and other similar programs.

When your loved one needs help with planning for healthcare, patient’s rights, or long-term care options, the right elder care attorney will guide you through the processes.

Choose a Home Care ServiceCaregiver-Helping-Patient-Walk

While helping a loved one look toward the future, you’ll discover a wide range of in-home care services through senior care agencies, such as Assisting Hands Home Care. You’ll find legal support through an elder law attorney, but you’ll find compassionate in-home care through the reliable caregivers on staff at Assisting Hands Home Care.

Assisting Hands Home Care is a licensed, bonded, and insured home care agency in Fort Myers, FL with the experience and skill to accommodate the non-medical care needs of the elder populations.

Our services include, but are not limited to:

  • Personal care (such as grooming, bathing, toileting, and dressing)
  • Hospice care
  • Post-operative care
  • Dementia and Alzheimer’s care

When working with our home care agency, families are updated with the care recipient’s condition and provided with peace of mind knowing their loved one is in good hands.

Get a Free Consultation

Get a free consultation with our home care agency by calling (221) 239-6326 to discuss your loved one’s care needs and how we can help.

June 1, 2021 /
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What to Look for in a Criminal Defense Attorney

Unlike most jobs in the legal field, the role of a criminal defense attorney is to represent clients charged with crimes in court. Although it may not sound appealing, the court needs someone to help the accused throughout the process. From minor offenses to the most heinous of crimes, a criminal defense attorney must do their best to ensure the client’s constitutional right to a fair trial. Although they’re just doing their job, most people deem them as legal protectors of the villains of society.

A criminal defense attorney plays an essential role in society because they help represent individuals or companies charged with crimes. While we don’t like the idea of providing legal assistance to criminals, a client charged with a crime is only a suspect until proven guilty. Wrongfully accused clients also require legal representation in court to prove their innocence. If you need legal assistance to balance the scale of justice, here are some tips to consider when looking for a criminal defense attorney.

A Criminal Defense Attorney Must Not Be Judgmental – Despite the crime, defendants have constitutional rights, and every criminal defense attorney must protect these in court. If everyone allows their feelings to get in the way in court, then every defendant would be sent into prison for their crimes. While this may seem like an act of justice, it prevents the wrongfully accused individuals or companies to get legal representation. If you’re that person, you’ll never get a chance to prove your innocence in court. Therefore, it’s important to look for criminal defense attorneys who don’t let their feelings about the crime to get in the way.

A Criminal Defense Lawyer Who Will Fight for You – Representing society’s perceived villains isn’t an easy feat for most attorneys. Most of them receive hate mails or threats from anonymous sources throughout the whole legal process. If your criminal defense lawyer isn’t willing to stand up and fight for you, there’s a huge chance you’ll lose your court battles. Legal representation of notorious criminals may lead to serious problems for criminal defense attorneys. Some of them may lose friends and families along the way because they chose to represent their clients. They Give You the Best Deal Possible – While most of these cases are unwinnable, a good criminal defense attorney will come up with the best deal for your convenience. They will ask the client to take a plea bargain to receive a concession from the prosecutor in return. Although taking a plea bargain doesn’t sound right, taking the best offer on the table is better than losing the case itself. A competent criminal defense lawyer knows when to make a deal and when to keep fighting in court.

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4 Ways to Get a Red Light Ticket Dismissed

Nobody enjoys getting a NY red light ticket, whether it’s from a camera or a police officer. When you get such a ticket, you have two choices: you can simply pay the fine and be done with it, possibly adding points to your driving record. Or you can take it to court and hope to get it dismissed. If you choose the latter, then there are some things you should know.

Traffic Lights, Red, Stop, Light Signal

1. Challenge the police officer’s view of the intersection. During a red light traffic stop make a note of where the officer was sitting before pulling you over. If you can show the court that the officer’s view of the intersection was obstructed in any way, you can argue that the officer made a mistake. To prove the view was obstructed you’ll need to take pictures of the intersection from the officer’s point-of-view to show the court.

2. Ask for a deferral or dismissal. A deferral means that if you don’t commit any further traffic violations for the next six months, then the ticket will be dropped from your record. A dismissal means the ticket is dropped. Having a clean driving record will make it easier to argue for a deferral or dismissal with the prosecuting attorney.

3. Your view of the light was obstructed. If there was a large 18-wheeler in front of you or your view was obstructed by trees, then you can argue that you never saw that the light was about to turn red. For this defense to be successful, you’ll need to take pictures or video of the intersection to show the driver’s obstructed view.

4. You were trying to avoid an accident or there were hazardous road conditions. In some circumstances, running a red light might be necessary to avoid a potentially major accident. Or sometimes the road conditions are so hazardous that you had to run the red light. This defense is tough because the prosecuting attorney will argue you should’ve adjusted your driving to the road conditions.

Red Light Cameras

Getting a NY red light camera ticket is a different story. Most jurisdictions don’t let you question the validity or timing of the picture. However, if the picture is blurry or somehow the car is obstructed, you can argue that it’s not your car. Further, tickets will go to the registered owner of the vehicle. If you can prove that you weren’t driving, your ticket will be dropped. To prove this you’ll need a strong alibi.

An Attorney Can Help You Fight Red Camera Tickets

When in doubt, it’s always best to hire an attorney, like the lawyers at the Law Office of James Lynch and Associates with office located in Poughkeepsie, New York, to help you fight your ticket. They’ll know how to properly argue your case in court, and if they can’t get the ticket dismissed, at least lower your fine.

August 7, 2020 /
Legal
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6 Things You Have To Know About Personal Injury Cases

If you’re suffering from a personal injury and is currently going through a case. You should take note of the 6 Things you should know about personal injury cases.

February 4, 2019 /
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