How do elder law attorney fees work in California?

It depends on the side of the practice. Elder abuse and neglect litigation is commonly handled on contingency, because Welfare and Institutions Code section 15657.5 shifts attorney fees to the defendant in proven financial abuse cases. Planning work — powers of attorney, Medi-Cal planning, conservatorships — is typically billed flat or hourly.

Elder law splits into two economic models. Protective litigation — financial abuse, nursing home neglect — is frequently taken on contingency, with the attorney paid a percentage of the recovery, because the Elder Abuse Act makes these cases self-financing: Welfare and Institutions Code section 15657.5 awards attorney fees and costs against a defendant liable for financial abuse, and section 15657 does the same for physical abuse or neglect proven by clear and convincing evidence of recklessness, oppression, fraud, or malice. Any contingency arrangement must be in a writing signed by client and attorney under Business and Professions Code section 6147. Planning work runs differently: powers of attorney, directives, trust updates, and Medi-Cal long-term-care planning are usually flat-fee or hourly, with a written agreement required over one thousand dollars under section 6148. In conservatorships, compensation for the conservator's and petitioner's attorneys is reviewed and approved by the probate court under Probate Code section 2640.

Authority: Cal. Welf. & Inst. Code § 15657.5