How Much Do Elder Law Attorneys Charge? Fees by Service

How much elder law attorneys charge depends on the service: document packages like wills and powers of attorney are usually a flat fee, while Medicaid planning, guardianship and anything that goes to court is often billed by the hour. Ask for the fee in writing before the first document is drafted. If an adult child is paying, the lawyer still works for the parent, and the rules on that are strict.

Service	How it's usually billed	What changes the price
Will, power of attorney and health care directive	Flat fee for the package	A couple or a single person, special requests
Revocable living trust	Flat fee	Number of properties, funding the trust
Medicaid planning and application	Flat fee or hourly	Assets to review, transfers in the last five years
Guardianship or conservatorship	Hourly, plus court costs	Whether family members agree or contest it
Special needs trust	Flat fee	Third-party or self-settled trust
Estate administration after a death	Hourly or flat	See our guide to probate lawyer cost

These are common billing methods, not rules. Prices vary by city and by how much the lawyer does in-house.

Estimate the cost

Ask the lawyer whether the work is flat, hourly or both. For hourly work, ask for a range of hours.

The defaults are an example, not a typical price: 6 hours at $350 plus $100 in filing and notary costs, $2,200 in all. Put the flat fee in its own field if your quote has one.

Why Medicaid planning takes longer

Medicaid pays for long-term nursing home care for people who qualify on income and assets. When someone applies, the state looks back at transfers of assets for less than fair value. For transfers made since February 8, 2006, the look-back period is 60 months, so gifts to family in the five years before applying can delay coverage (42 U.S.C. § 1396p(c)(1)(B)(i)). Gathering and explaining five years of bank records is a big part of what you pay for.

Each state runs its own Medicaid program within the federal rules, so the asset limits and the planning options differ. A flat fee that covers the application but not an appeal is common; ask what happens if the state denies it.

When a son or daughter pays the bill

Families often split the cost, but the client is the older person. Under ABA Model Rule 1.8(f), a lawyer can accept payment from someone else only if:

• the client gives informed consent;
• the person paying doesn't interfere with the lawyer's judgment;
• the client's information stays confidential, even from the person paying.

Expect the lawyer to meet with your parent alone for at least part of the time. That's the rule working, not a sign of distrust.

If your parent's capacity is in question

Rule 1.14 tells a lawyer to keep a normal client relationship as far as reasonably possible when a client's capacity is diminished. If the lawyer believes the client is at risk of harm and can't act in their own interest, the lawyer may take protective steps, such as consulting family members. Seeking a guardian is one option, usually a last one. A guardianship case costs more because it goes to court, may need a medical evaluation and sometimes a court-appointed lawyer for the older person.

Questions to ask before you hire

1. Which parts of the work are flat fee, and what's outside it?
2. What's your hourly rate, and who else at the firm will bill time?
3. Who is your client, and how will you keep the rest of the family informed?
4. If Medicaid is denied, is the appeal included?
5. Which costs are extra: court fees, appraisals, medical evaluations?