What is an elder law attorney?

Getting older can create all kinds of decisions about retirement benefits, health care, living arrangements, and long-term financial stability. Sorting through these questions can feel like entering a new and unfamiliar world. If you or someone you care about needs support navigating these issues, an elder law attorney may be able to provide practical guidance. 

11 reasons to work with an elder law attorney 

There are different areas of the law that an attorney can specialized in. An elder law attorney focuses on legal issues related to aging. In that sense, they’re like gerontologists of the legal world. These attorneys work in areas that matter to older adults, including estate planning, living arrangements, health care, Medicare and Medicaid, and long-term care planning. That specialized focus can help them offer experience, expertise, and guidance tailored to your circumstances. Here’s a quick look at what an elder law attorney can help with: 

• Planning for long-term care: As you age, you may need extra help with daily activities, medical care, or even an extended stay in a nursing home. This type of care can be costly. An elder law attorney can help you make a plan for long-term care so you’re financially prepared, understand your available options, and know your legal rights. 

• Long-term care insurance: An elder law attorney can be a helpful partner as you manage long-term care insurance. They can help you understand policy details and specifications and consider which available options may be most suitable for your situation. 

• Estate and trust planning: Passing down treasured family heirlooms or helping loved ones remain financially secure after you’re gone can be complicated and emotional. Elder law attorneys can help older clients protect assets, determine how to distribute an estate, avoid probate, and reduce potential tax burdens. They can guide you through these important financial matters. 

• Guardianship or servatorship issues: Sometimes, an older adult becomes unable to make decisions independently or needs help managing finances and medical care. A guardianship or conservatorship proceeding can begin in court, which may appoint a guardian for the older adult. An elder law attorney can offer guidance throughout the court process and help ensure the person selected understands, respects, and remains aligned with the older adult’s wishes. 

• Understanding the rights of older adults: Many policies and laws are in place to protect older adults, but understanding how they apply can be difficult without knowledgeable guidance. Elder law attorneys focus on keeping up with these laws and related policy changes. 

• Medicare, Medicaid, and Social Security benefits: Health care and living expenses can add up quickly, making benefits especially important. Elder law attorneys can help you maximize benefits such as Medicare and Social Security. If you need nursing home care, an attorney can also help you plan for Medicaid and complete the application process. 

• Durable power of attorney designation: This important document appoints someone to handle financial and legal matters if an older adult becomes unable to do so. An elder law attorney can help draft a durable power of attorney document that accurately reflects the older adult’s wishes and intended designation. 

• Wills: An elder law attorney can draft a will that identifies how an older adult’s estate should pass to friends or family. The attorney can also assist with creating a living will, which is a document that outlines a person’s wishes for end-of-life medical treatment if they become unable to give informed consent. 

• Advance directives: Elder law attorneys can play an important role in drafting advance directives. They can offer guidance as you make important decisions involving life-prolonging treatments, health care, and hospice care. 

• Caring for a spouse or child with special needs: If you have a spouse or child with special needs, planning carefully for their future is vital. An elder law attorney can help create a trust designed to provide for your loved one while maintaining their eligibility for government benefits or other forms of assistance. 

• Navigating veterans’ benefits: If you’re a veteran, you may qualify for certain benefits from the Department of Veterans Affairs, or VA. Understanding which benefits you’re entitled to, how to access them, and how to move through the required process can be complex. An elder law attorney can help you navigate the bureaucracy and pursue all the veterans’ benefits for which you’re eligible. 

An important note about elder abuse 

A qualified elder law attorney can also provide legal help with elder abuse, a devastating issue that affects many older adults. These specially trained attorneys can help identify signs of physical, emotional, or financial abuse and take immediate steps to stop it. In cases of financial exploitation, they can help an older adult regain control of their financial affairs and seek justice through the court system. They can also serve as an important liaison with law enforcement and adult protective services, helping ensure necessary evidence is gathered and appropriate reports are made. 

If you or someone you care about is concerned about the physical or emotional abuse of an older adult, contact your local adult protective services agency or call the Eldercare Locator at 1-800-677-1116. A specialist can refer you to local government resources that may be able to provide support and help.

Are elder law attorneys certified? 

Elder law attorneys can hold a special certification that may make them better suited to working with older adults. Most certified elder law attorneys take specialized elder law courses after passing the bar. An attorney can earn certification from an organization such as the National Elder Law Foundation, or NELF, which requires candidates to pass a demanding exam and meet ongoing legal education requirements. 

Some elder law attorneys also stay current on elder law by joining professional organizations such as the National Academy of Elder Law Attorneys, or NAELA. This professional association provides valuable resources and support to attorneys who handle issues involving aging and disabilities. NAELA promotes the competence and professionalism of these attorneys through continuing education programs, advocacy, networking, and collaboration. These comprehensive resources can help attorneys stay current on the latest legal strategies, research, and techniques that primarily affect older adults and people with special needs. 

How to find a certified elder law attorney 

If you’re considering hiring an elder law attorney, you’re probably balancing several other responsibilities and decisions at the same time. The search may feel like one more item on an already long list. A little preparation and a few clear steps can make it more manageable and help you find a legal professional who fits your needs or those of someone you care about.

• Identify your needs: Start by identifying the specific kind of help you need. Are you creating a will, planning for long-term care, or responding to possible elder abuse? Defining what you’re looking for can help you find an attorney with the right area of experience. 

• Research: Search online, explore legal referral services, and ask your local bar association for a list of elder law attorneys who practice in your area. A simple Google search can be a useful starting point. You can also use a professional elder law organization such as NAELA. 

• Get feedback: Ask people you trust for recommendations. Friends, family members, or coworkers may know a good attorney through their own experience. You can also read online reviews to learn more about other clients’ experiences. 

• Interview potential candidates: Once you have a shortlist, schedule time to speak with your leading candidates. Ask about their experience, whether they’ve handled matters like yours before, and how they generally approach their work. Legal knowledge and relevant skills matter, but you also need someone you trust and feel comfortable working with. 

• Discuss the fee structure: Take time to understand the attorney’s complete fee structure and whether it fits your budget. Ask whether the attorney charges by the hour or uses a flat fee, and find out whether you should expect any additional or less obvious costs. 

The emergence of elder law 

Elder law is a relatively new legal field. As the number of older adults grew with advances in health care, the distinct needs and challenges facing this age group became more apparent. Financial decisions involving long-term care and changes in family structures also played a role in shaping the field. The Older Americans Act, passed by the U.S. government in 1965, helped lay the foundation for attorneys to practice elder law and provided older adults with needed support. The field has since expanded to address estate planning, important medical decisions, asset protection, and elder abuse prevention. 

Elder law attorneys can be an important part of the team helping you protect your assets, rights, and ability to make choices throughout the aging process. Whether you’re an older adult planning for your future or someone helping a loved one, understanding how these attorneys can support you is a practical first step. Identify the legal issues you need help with, then begin researching qualified attorneys in your area.