Finding a Lawyer

Future Planning: Finding a Lawyer

The guide is from The Arc’s Center for Future Planning.

Future Planning likely requires specialized legal assistance. Many families of people with intellectual and developmental disabilities (IDD) also prefer to work with lawyers who maintain an involvement with organizations in the disability community.   

When you are looking for a lawyer, look for experience in areas of the law such as: 

• Drafting special needs trusts with expertise in Trust and Estate law in Massachusetts, and in the federal and state tax provisions related to special needs planning. 
• Understanding of different legal arrangements for major decisions such as power of attorney, supported decision-making and guardianship. 
• Federal and state law on public benefits for people with disabilities, including Medicaid, Supplemental Security Income (SSI), Social Security, and Medicare. 
• The American with Disabilities Act, housing and employment programs for people with disabilities. 

Find Massachusetts Lawyers Here

Best Practices

Get Started: Ask for Advice 

1. Get recommendations from friends, families who have a son or daughter with IDD, or trusted professionals. 
2. Interview the lawyer to make sure you are comfortable with his or her style and approach. 
3. Visit the Mass. Legal Assistance Corporation to low-cost legal services if you cannot afford a private lawyer.

Choosing a Lawyer: Tips and Questions to Consider  

First, make sure that you will be comfortable discussing the difficult personal, financial, and legal choices you are making with the lawyer. The lawyer should respect the wishes of your family member with IDD and your family’s vision for the future.  

These questions can help you determine if a lawyer is a good match for your family:  

1. What is your process of working with clients? How will you meet our family’s individual needs? 
2. What is your relationship with the disability community? Do you currently work with any  disability organizations in the community?
3. Of those with IDD whom you’ve worked with, how many live independently in the community? 
4. How often do you recommend that guardianship be established for people with IDD? How often is the guardianship limited to certain areas?
5. What is your view on supported decision-making for people with IDD?

Second, you should find a lawyer who has experience with issues related to planning for people with disabilities.  

Here are some questions you can ask to help you determine the lawyer’s level of expertise: 

1. How many families that include a person with IDD have you represented?
2. How many years of experience do you have in this area of practice?
3. How many special needs trusts have you drafted? 
4. How much of your practice relates to special needs planning?
5. How long have you been practicing law in Massachusetts?
6. How much experience do you have in applying for public benefits for people with IDD in Massachusetts? 
7. How do you stay aware of the changes in special needs law and planning? 
8. Are you a member of any specialty bar associations that focus on special needs planning?

Third, you should know what you’ll be charged, and make sure you are comfortable with the fee arrangement. 

Here are some questions to ask regarding costs: 

1. What is your fee structure? Do you charge by the hour or by some other method?
2. What is your hourly rate?
3. What do you estimate the total fee will be for the work we are discussing?
4. What could make your fees exceed that estimate?
5. Will you provide me with a fee agreement?
6. Will there be other lawyers working with you to represent my family? Who are they and how much experience do they have in this area of practice? How will their fees be billed?

The guide is from The Arc’s Center for Future Planning and is provided for informational purposes and should not be construed as legal advice. The content may not be reproduced without express permission from The Arc. 

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