Finding a good Houston elder care attorney isn’t easy, especially if you don’t have much experience working with lawyers. Fortunately, you don’t have to be a legal expert to find the right elder law attorney for you. Separating the wheat from the chaff is as simple as a few straightforward elder law questions.

6 Questions to Help You Identify the Perfect Houston Elder Care Attorney

Question 1 – “What Area of Elder Law Do You Focus On”
This is one of the most important questions to ask an elder law attorney because it’s the best way to get a feel for their level of expertise.

You see, the entire field of elder law is massive, and there’s no way to be a true expert in everything. Here at Holland Elder Law, I focus on nursing home care, Medicaid and estate planning, and that’s what I’ll tell you upfront. However, if your potential Houston elder care attorney can’t tell you a specific area of expertise, or if their specialty isn’t what you need help with, you may wish to consult someone else.

After all, the reason you hire an attorney is for expert legal advice, right?

Question 2 – “Are You an Official NAELA Member?”
The National Academy of Elder Law Attorneys is an organization for legal professionals in the areas of elder and special needs, all of whom are dedicated to the continued improvement of their legal services. You can visit the NAELA website at  for an official state directory to help you choose a NAELA member in Houston.

Question 3. “How would you describe your typical client?”
Ideally, you’d like to work with an elder law attorney who works with clients similar to you or your loved one. As with Question 1, the goal of this question is to assess how much attention, enthusiasm and expertise your prospective lawyer will bring to your case.

Question 4. “How long have you been practicing in Texas?”
Especially for something like Medicaid planning, which involves a unique set of policies from state to state, it’s important to find a Houston elder care attorney or law firm who’s been practicing in Texas for several years. That way, you can rest assured that they know Texas state laws inside and out, ensuring that your legal issues will be resolved optimally.

Question 5. “What is your preferred method of communication?”
Setting clear communication expectations upfront will make your life much easier. Figure out how your attorney likes to communicate – email, in person or over the phone – and how often they like to do so. You want to find a lawyer who will do a good job of keeping you in the loop with a communication style that works for you … This question is how you figure that out.

Question 6. “What are your fees to solve my problem?”
This one is both obvious and self-explanatory, but it’s listed here because it’s important. Try to get a total project estimate. Shopping around on hourly costs alone won’t give you the full picture. Avoid simple price shopping. You are not buying a commodity. You want the best advice possible at a time like this. Paying for a lawyer you like and trust is a worthwhile investment. A quality elder law attorney will pay you back in peace of mind and saved nursing home care costs.

Time to Start Interviewing

That’s it! These six questions to ask an elder law attorney should make it easy to choose which of the lawyers in Houston you want to work with. As you’re making your decision, remember that expertise is worth paying for and that your personal preference matters.

If you have any more questions for me, I’d be happy to answer them. I offer a free consultation for all new clients. Give me a call (713) 970-1300 or shoot me an email and I’d be happy to chat. Finding a Houston elder care attorney you can trust doesn’t have to be daunting – just shop around, trust your gut, and don’t be afraid to ask questions!

What is a Durable Financial Power of Attorney? What about an advance healthcare directive? What about a living will?

When it comes to legal and financial planning, it’s easy to feel overwhelmed. Every specialized area of life has its own vocabulary. Estate planning and elder law have their own lingo, too. Without understanding these key terms, it’s easy to get frustrated trying to properly protect yourself and those you care about.

The shortest path to peace of mind when planning is knowledge. The simple act of understanding the words involved, will inoculate you from getting lost or overwhelmed. Continue reading to better understand three cornerstone estate planning documents:

• Powers of Attorney,
• Durable Powers of Attorney, and
• Living Wills

The Differences Between a Texas Durable Power of Attorney, Medical Power of Attorney and Living Will.

What is a Power of Attorney?

Before we can discuss the different types of Power of Attorney (POA), it’s important to understand exactly what a POA is supposed to do.

A Power Of Attorney is a legal document that gives one person (the attorney-in-fact) the right to act and/or make decisions on behalf of another person (the Principal). What specific actions or decisions can be made by the attorney-in-fact vary according to the specific contents of the written Power of Attorney.  A general or uniform Power of Attorney is what you’ll use when the Principal wishes the attorney-in-fact to have complete legal control over their affairs.

What is a Texas Durable Power of Attorney?

A Durable Power Of Attorney, short for Power Of Attorney with Durable Provisions, is required when the attorney-in-fact wishes to continue acting on behalf of the Principal even after the Principal suffers a disability or legal incapacity. For example, if your parent or loved one suffers from a cognitive or mental issue but has prepared a Durable Power Of Attorney, the person they designate can serve as that person’s surrogate decision-maker no matter how their illness progresses.

Without the additional durability language the authority in the document ends with the Principal’s loss of cognition.

Types of Power of Attorney

Now that you know the difference between a non-durable and Durable POA, let’s quickly run through the some unique Powers of Attorney forms you might request from your elder law attorney. Sometimes, a general POA isn’t the right solution, so these are some alternatives to consider:

Medical Power of Attorney: Otherwise known as a Health Care Power Of Attorney, this is a limited POA that explicitly provides the attorney-in-fact with the authority to handle medical and healthcare-related decisions in the event that you no longer can make those decisions for yourself.

Financial Durable Power of Attorney: Much like the Medical POA, this is a limited Durable Power Of Attorney that only gives the agent legal power to make decisions over the Principal’s financial affairs.

These are the two most common “limited” Powers of Attorney, but hopefully you are starting to understand how to decipher what each type might mean. Last but not least, we have a living will.

What is a Living Will?

A living will, which is not the same thing as a living trust, is what’s called an “advance healthcare directive”. In plain English, it’s a legal document that officially describes you or your loved one’s life-prolonging healthcare wishes. For example, if you have a debilitating stroke and don’t wish to be kept alive on life support, a living will is how you make that clear to your family and healthcare providers. A living will cannot become effective until the Principal has become incapacitated.

Putting the Pieces Together

The goal of this article is to make it easier to talk to your Houston Elder Law lawyer about proper estate planning. By knowing the difference between general and limited Powers of Attorney, making an informed decision with your parents or you and your spouse should be much easier.

If you have further questions about living wills, Durable Financial Powers of Attorney or anything else related to estate planning, call (713) 970-1300. I’d be happy to help you and your family plan ahead.