Questions to ask an elder law attorney: first meeting

The short answer

At the first meeting, ask an elder law attorney four kinds of questions: about them (years in elder law, share of practice, CELA certification), about fees (consultation cost, hourly or flat, billing, written agreement), about who the client is and what they can share with you, and about your parent's situation: Medicaid timing, the house, a spouse at home, VA benefits and the legal documents.

An hour with an elder law attorney is expensive if you spend it finding the right papers and remembering what you meant to ask. It's worth far more if you walk in organized. This post is the list to print: what to bring, the questions to ask about the attorney and the fees, the questions specific to an assisted living move, and what should happen after the meeting. If you're still deciding whether you need an attorney at all, start with when to hire an elder law attorney.

What to bring

NAELA advises organizing and bringing all the information pertinent to your situation. For an assisted living move, that usually means:

Document	Why the attorney needs it
Power of attorney, health care directive, will, any trust	To check whether they are valid, current and broad enough
Deed to the house, mortgage or reverse mortgage statements	Who owns it and what a sale or transfer would mean
Bank, investment and retirement statements (recent, plus any large transfers in the last five years)	Medicaid looks back 60 months at transfers
Income statements: Social Security, pensions, annuities	Income tests for Medicaid and VA
Insurance policies: long-term care, life, health	Benefits that affect planning
Military discharge papers, if your parent or late spouse served	VA pension eligibility
The residency agreement and fee schedule	Contract review, refund and discharge terms
A one-page summary: health, care needs, move date, family members, your parent's wishes	Saves time at the start of the meeting

If your parent can't come to the office, ask whether the attorney can meet by video or visit the hospital, rehab center or community. If your parent has a hearing or vision problem, mention it when booking so the meeting can be set up to include them properly.

For the separate list of papers the community itself needs, see documents you need for assisted living admission.

Questions about the attorney

NAELA suggests asking how long the attorney has practiced overall and in elder law, and what share of the practice is elder law. Add the rest:

How long have you practiced law, and how long in elder law?
What percentage of your practice is elder law?
Are you a Certified Elder Law Attorney (CELA)? (The National Elder Law Foundation certifies attorneys in elder and special needs law.)
How often do you handle Medicaid planning or applications in this state?
If VA benefits are involved: are you VA-accredited?
Who else in the office would work on our matter?
How do you prefer to communicate, and how quickly do you usually respond?

Questions about fees

NAELA notes that attorneys charge in different ways: hourly, sometimes with different rates for attorneys, paralegals and assistants; flat fees; or a combination. Ask:

Is today's consultation free? If not, what does it cost?
Do you charge hourly, a flat fee, or both? What are the rates?
For a flat fee, exactly what is included, and what would be extra?
How often will we be billed?
Which out-of-pocket expenses (filing fees, copies, records) are added?
Will we get a written fee agreement before work starts?

Questions about who the client is

When the work concerns your parent's money, documents or benefits, the client is normally your parent, even if you arranged and paid for the meeting. That protects your parent, and it shapes what the attorney can tell you. Ask directly:

Who is your client in this matter?
With my parent's permission, what can you share with me and my siblings?
Will you want to meet with my parent alone?
If my parent's abilities change, how would you handle decisions?
If family members disagree, whose instructions do you follow?

What to say at the start of the meeting: "Thank you for seeing us. Mom is moving into assisted living on the 15th. What she wants most is to be able to stay there, and to leave the house to the grandchildren if possible. We've brought her documents and statements. Could we start with what you see as the most urgent issue, and then go through our list?"

Questions about your parent's situation

Medicaid

If Mom may need Medicaid in the next few years, what should we avoid doing now?
How does the 60-month look-back apply to gifts or payments she's already made?
Which Medicaid program covers assisted living in this state, and is there a waitlist?
Does her community accept Medicaid, and does that change your advice?

The house

Is the house protected while she's in assisted living, and what changes if we sell?
In 2026, CMS lists state home equity limits between $752,000 and $1,130,000. Where does this state set it, and does it matter for us?
Could estate recovery reach the house later?

A spouse at home

How much can Dad keep under this state's spousal impoverishment rules?
Should any accounts or titles change, and in what order?

VA benefits

Could Mom qualify for Survivors Pension with Aid and Attendance, and would any plan for Medicaid conflict with it?

Legal documents

Is the power of attorney broad enough to handle real estate, benefits applications and gifts? Will banks accept it?
Is the health care directive current, and do we need a HIPAA authorization so doctors can talk to us? (See HIPAA authorization for family.)
Does the will or trust still match her wishes?

Family money

My siblings and I help pay. Should that be a gift or a written loan, and does it matter for Medicaid or VA?
I've been reimbursing myself from Mom's account for expenses. How should I document that?
If one of us is paid for caregiving, does that need a written agreement?

If capacity is in question

Can Mom still sign new documents, and how would you assess that?
If she can't, what are the alternatives to guardianship, and what does guardianship involve here?

The residency agreement

Are there terms we should negotiate or understand before signing, such as refunds, discharge, arbitration or who is financially responsible?
Am I signing as her agent or taking on personal responsibility?

For the document side in more depth, see power of attorney before an assisted living move.

Turn the attorney's advice into dated tasks

Parent Move Plan puts 79 tasks on real dates counted back from move-in day, and the Complete version's Team and Fair Share tabs split the work among siblings in hours, so follow-up from the meeting doesn't all fall to one person.

Build your plan in 2 minutes

Before you leave, and after the meeting

Before you leave, ask for three things:

A short written summary of the recommendations and what they depend on
A list of next steps with who does each (the attorney, your parent, you) and by when
The fee agreement, if you're going ahead

Afterward, put each step on the family calendar, share the summary with siblings only as your parent agrees, and keep a copy of everything with the move paperwork. If the advice depends on the move date or a house sale date, tell the attorney whenever those dates change.

If you leave without clear answers, or didn't feel comfortable, NAELA's own guidance is plain: not every attorney is right for every client, and trust matters. It's reasonable to consult a second attorney before deciding.

Frequently asked questions

What should I bring to a first meeting with an elder law attorney?

Bring your parent's existing legal documents (power of attorney, health care directive, will or trust), the deed to the house, recent bank and investment statements, income statements, insurance policies, the assisted living residency agreement and fee schedule, and a list of questions. NAELA advises organizing all the information pertinent to your situation before the meeting.

Should my parent attend the meeting with the elder law attorney?

Usually yes, if they are able. When the work concerns your parent's money, documents or benefits, your parent is normally the client, and the attorney will want to hear their wishes directly, sometimes privately.

Is the first consultation with an elder law attorney free?

Some are and some aren't. NAELA suggests asking before the meeting whether there is a charge for the initial consultation and how much it is.

What questions should I ask about fees?

Ask whether the attorney charges hourly, a flat fee or a combination; the rates for attorneys and staff; how often you'll be billed; which expenses are extra; and whether the agreement will be in writing. NAELA lists these as the key fee questions.

Sources

NAELA: Q and A When Hiring an Attorney (accessed Sept 2026)
NAELA: Why Hire an Elder and Special Needs Law Attorney (accessed Sept 2026)
National Elder Law Foundation: CELA certification (accessed Sept 2026)
CMS: Transfer of Assets in the Medicaid Program (accessed Sept 2026)
CMS: Updated 2026 SSI and Spousal Impoverishment Standards (accessed Sept 2026)
VA.gov: VA accredited representative FAQs (accessed Sept 2026)

An organizing guide, not legal, financial or medical advice. Rules differ by state; check with your state's licensing agency and the right professional.

Questions to ask an elder law attorney at the first meeting