QUESTIONS TO ASK AN ELDER LAW ATTORNEY

Questions to Ask an Elder Law Attorney | The Senior Living Report
Print this sheet and bring it to your attorney appointment.
Free Resource · 2026 Edition
The Senior Living Report

Questions to Ask an Elder Law Attorney

Walk into your consultation informed — and walk out with a plan
Steve Wilson, BSN RN · Registered Nurse & Patient Advocate

Why Preparation Matters

An elder law attorney consultation is one of the most valuable — and most underutilized — resources available to seniors and their families. Most people walk in without a clear sense of what they need to accomplish, spend half the appointment getting oriented, and leave without a clear plan.

This prep sheet changes that. It gives you the right questions organized by topic so you can walk in informed, use your time efficiently, and walk out with specific next steps. Attorney time is expensive. Preparation is free.

Not every question on this list will apply to your situation. Review it before your appointment, check the ones most relevant to you, and add your own in the notes lines provided.

“An elder law attorney is not a general estate attorney. The distinction matters. Elder law attorneys specialize in Medicaid planning, long-term care, and the specific legal needs of aging adults. Find one through the National Academy of Elder Law Attorneys at naela.org.”

Appointment Prep Sheet

Questions to Ask & Notes to Take

01
Getting Started & Fees
Ask these questions first — before you get into the substance of your situation. Understanding the process and cost upfront prevents surprises.
What is your fee structure? Do you charge by the hour or a flat fee for specific documents?
What documents should I bring to get the most out of this consultation?
Based on what I have described, what are the most urgent things I need to address first?
02
Powers of Attorney & Healthcare Directives
These documents are the foundation of any elder law plan. If your loved one does not have them in place, this is where to start.
Does our existing power of attorney give broad enough authority — or are there limitations that could create problems?
Is our advance directive / living will up to date and does it reflect current wishes and state law?
Should we have a POLST form in addition to an advance directive, given our current health situation?
If cognitive decline is already present, is there still time to execute these documents legally?
03
Medicaid Planning & Long-Term Care
This is the area where elder law attorneys provide the most unique value. These questions are most relevant if long-term care costs are a concern — which they should be for most families.
Based on our assets and income, would we qualify for Medicaid now — or how far are we from qualifying?
Is a Medicaid Asset Protection Trust appropriate for our situation, and are we within the five-year look-back window?
What assets are countable vs. exempt for Medicaid eligibility in our state?
If one spouse needs nursing home care, what protections exist for the community spouse — and how much can they keep?
Are there gifting strategies we can use legally, and what are the Medicaid implications?
04
Wills, Trusts & Estate Planning
These questions address what happens to assets after death — and how to make that process as simple and clear as possible for the people left behind.
Is a revocable living trust better than a will for our situation — and why or why not?
Are our beneficiary designations on retirement accounts and life insurance consistent with our overall estate plan?
Will our estate go through probate, and if so, how can we minimize that process?
Are there tax implications we should be aware of regarding our estate or any asset transfers we are considering?
05
Before You Leave — Next Steps
Do not leave the appointment without clear answers to these questions. Write the answers down during the meeting.
What are the three most important things we need to do in the next 30 days?
What documents or information do you need from us to move forward?
What is the timeline for completing the documents we have discussed?
How often should we review our plan — and what life events should trigger a review?

Finding the Right Attorney

Not all attorneys who handle wills and estates are elder law attorneys. The distinction matters enormously when it comes to Medicaid planning, long-term care strategy, and the specific legal needs of aging adults. Always verify that the attorney you choose has specific experience in elder law.

National Academy of Elder Law Attorneys — naela.org
State Bar Referral Services — your state bar website
SHIP Free Medicare Counseling — shiphelp.org · 877-839-2675
Eldercare Locator — eldercare.acl.gov · 800-677-1116
The Senior Living Report
theseniorlivingreport.com/attorney-prep
Steve Wilson, BSN RN · Registered Nurse & Patient Advocate
© 2026 The Senior Living Report. For informational purposes only.

Picture of Steve Wilson, BSN RN

Steve Wilson, BSN RN

I spent more than 20 years as a registered nurse before stepping back from the bedside — but I never stepped back from the work. Patient advocacy is still very much part of my weekly life, sitting with patients and families at some of the most important and difficult moments of their lives. I am a registered nurse with a Bachelor of Science in Nursing, certified in Alzheimer's and dementia care through the Alzheimer's Association's EssentiALZ program. I built The Senior Living Report to give you the same plain-language, nurse-informed guidance I would give a member of my own family — without overwhelm, confusion, or fear.

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