In times of need: helping clients find elder law counsel.

• Author: Bader, Michael
• Position: ELDER CARE

As our elder population increases, many CPAs are faced with financial and legal questions concerning their aging clients and families. Sometimes these issues span into areas beyond the CPA's expertise and as your client's most trusted adviser, they will turn to you for reliable referrals to qualified professionals.

Should the referral be to an attorney who specializes in elder law or estate planing? Elder law transcends the typical estate, financial and probate planning issues handled by estate planning attorneys. Besides estate planning, elder lawyers usually specialize in nursing home care issues; conservatorships; Medi-Cal entitlements and estate recovery; long-term care and disability planning; asset preservation strategies; and elder abuse and fraud recovery.

NAELA describes elder lawyers as "attorneys who genuinely empathize with the true physical and mental difficulties that often accompany the aging process. Their understanding of the afflictions of the aged allows them to determine more easily the difference between the physical versus the mental disability of a client."

FIRST STEPS

Locating and interviewing potential elder law attorneys well in advance of when your clients will need their services makes good sense. Figure A provides resources where CPAs and their clients can find qualified legal help.

In addition, the NELF, ABA and NAELA websites have "find an elder lawyer" features, and California recognizes the ABA's certification for Certified Elder Law Attorneys. Finding attorneys who hold these memberships is encouraged because members have shown competency and proficiency in elder law matters. The Martindale-Hubbell attorney directory, www.martindale.com, contains a peer review ratings feature on some attorneys.

CONSIDERATIONS

When evaluating attorneys and law firms, CPAs and their clients should consider the skill, experience, availability, size and costs of the law firm. Finding one attorney or firm with experience covering all of the client's elder law needs may not be a simple task.

A strong indicator of experience is the attorney's affiliation with the associations mentioned in Figure A. But the inquiry should not stop there as attorneys often have specific areas of practice in elder law.

Consider the client's personality and history when recommending any lawyer. Would your client be more comfortable working with a smaller law firm or larger one? Generally speaking, smaller practices may offer personal service and lower...