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11 Questions to Ask an Elder Law Attorney

When it comes to protecting your assets and ensuring a secure future for yourself and your loved ones, consulting with an attorney who specializes in elder law can make all the difference. This area of law focuses on legal matters that directly affect older adults and their families—from drafting a willWillA legal document stating how your assets should be distributed after death and who will manage your estate.View full definition → to planning for long-term care.

Choosing the right professional is crucial—you’ll be sharing sensitive and deeply personal decisions. That’s why it’s important to know which questions to ask to determine if they’re the right fit to guide you through this journey.

The 11 Essential Questions

  1. How long have you been practicing elder law and estate planning? How do you price your services?

Specific experience in this area of law is key. Ask for a clear breakdown of costs, including future updates to your documents.

  1. Do you have experience drafting estate plans and navigating estate taxes?
    Tax laws frequently change. An up-to-date attorney can help you structure your estate efficiently.
  2. In my situation, would you recommend creating a revocable living trust?
    A trust can offer flexibility and protection but it isn’t always the best plan. Your attorney should assess your unique circumstances.
  3. How long will the entire estate planning process take?
    A well-crafted plan takes time. It’s helpful to know what to expect so you can plan accordingly.
  4. Will I be able to review the documents with you before they are signed?
    Transparency is essential—you should be able to read and discuss every document beforehand.
  5. If you’re unavailable, will other members of your firm be able to assist me?
    It’s important to know whether a team or designated point of contact will be available in urgent situations.
  6. Will my planning contemplate what should happen if I lose my mental capacity due to dementia?
    Neurodegenerative conditions are increasingly common and it’s best to prepare in advance, even for unforeseen circumstances. Ask if your documents will be prepared with these situations in mind.
  7. Will the documents include co-agents or a “laddered” succession of decision-makers?
    This structure ensures flexibility if your first designated agent is unavailable.
  8. Does my state allow the use of a Lady Bird Deed to transfer real estate outside of probate? Would I benefit from one?
    This option, available in some states, lets you avoid probate for real estate transfers.
  9. How can I make my essential health care documents easily portable?
    Portability can be critical during hospitalizations or transitions. Ask about both digital and paper-based options.
  10. What are the best options for long-term care planning?
    A knowledgeable elder law attorney should walk you through all possibilities, including Medicaid strategies should you need long-term care. Learn more at Medicaid.gov: Long-Term Services & Supports

A Final Thought

These questions are just the beginning. You may also need guidance around veterans’ benefits, disability support, or guardianship for minors and vulnerable individuals.

As you speak with the attorney, pay attention to how they respond: Are they truly listening to your concerns? Are they offering personalized solutions? A strong attorney-client relationship is built on mutual trust and clarity.

By your side, with expertise and clarity.

Planning for the future isn’t always easy—but you don’t have to do it alone. We’re here to support you with care, experience, and transparency.

Whether you’re just beginning to plan or looking to review existing documents, our goal is to help you:

  • Articulate your planning goals;
  • Appoint trusted individuals to handle health and financial matters;
  • Reduce the risk of conflict or unexpected taxes; and
  • Protect what you’ve built for those you love.

Good planning is more than just filling out paperwork—it’s an act of care for yourself and your legacy.

Don’t wait for a crisis to make crucial decisions. If you haven’t yet created an estate plan—or haven’t reviewed yours in a while—now is the time.

Book your personalized consultation today.
We’re here to help you safeguard your assets, your family, and your peace of mind.

Contact us now or call us at (806) 765-8801.

Your loved ones deserve quality care; you deserve legal peace of mind.

Sondra Ziegler

Sondra manages business operations for the firm including overseeing process and data management. She is a Certified Dementia Practitioner, and enjoys providing educational seminars related to dementia and long-term care topics.