Elder law is a specialized area of legal practice that focuses on the legal needs of older adults and their families. Elder law attorneys help clients navigate a wide range of legal issues that become increasingly important as people age including estate planning, long term care planning, Medicaid eligibility, guardianship, and the protection of older adults from abuse and exploitation.
As the population ages elder law has become one of the fastest growing areas of legal practice in the United States. Understanding what elder law covers and when to consult an elder law attorney can help older adults and their families make better decisions and avoid costly mistakes.
What elder law covers
Elder law is a broad practice area that encompasses many legal issues affecting older adults. Common areas covered by elder law include:
- Estate planning — drafting wills, trusts, powers of attorney, and healthcare directives to ensure that a client’s wishes are documented and legally enforceable
- Long term care planning — helping clients plan for the potential need for nursing home, assisted living, or in-home care including strategies to preserve assets and qualify for benefits
- Medicaid planning — advising clients on legal strategies to qualify for Medicaid long term care benefits while protecting as many assets as possible for their spouse and heirs
- Medicare and benefits counseling — helping clients understand and access Medicare, Medicaid, Social Security, veterans benefits, and other government programs
- Guardianship and conservatorship — representing clients in guardianship and conservatorship proceedings either as the person seeking appointment or as the person subject to the proceeding
- Elder abuse and exploitation — representing older adults who have been abused, neglected, or financially exploited and helping them obtain legal protection
- Special needs planning — helping families plan for the long term care and financial security of family members with disabilities
- Retirement planning — advising clients on legal aspects of retirement including pension rights, retirement account distributions, and Social Security claiming strategies
- Housing issues — advising clients on legal issues related to housing including reverse mortgages, continuing care retirement community contracts, and nursing home agreements
How elder law differs from general estate planning
While elder law and estate planning overlap significantly elder law goes beyond traditional estate planning to address the unique legal needs that arise as people age. Key differences include:
- Long term care focus — elder law places a strong emphasis on planning for the potential need for long term care and the financial implications of that care. Traditional estate planning focuses primarily on asset distribution after death.
- Government benefits expertise — elder law attorneys have specialized knowledge of Medicaid, Medicare, Social Security, and veterans benefits programs and how they interact with each other and with estate planning strategies.
- Crisis planning — elder law attorneys are experienced in helping clients who are already facing a long term care crisis and need immediate planning solutions. Traditional estate planning is typically done in advance of any crisis.
- Protective proceedings — elder law attorneys handle guardianship, conservatorship, and elder abuse cases which are outside the scope of most traditional estate planning practices.
When to consult an elder law attorney
An elder law attorney can be helpful in many situations including:
- Planning for potential long term care needs before a crisis occurs
- When a family member has been diagnosed with Alzheimer’s disease or another form of dementia
- When a family member needs nursing home care and Medicaid planning is needed
- When a family member is being abused, neglected, or financially exploited
- When guardianship or conservatorship proceedings are needed or threatened
- When reviewing a continuing care retirement community contract or nursing home admission agreement
- When planning for a family member with a disability
- When navigating a dispute about a will, trust, or estate
Finding an elder law attorney
Resources for finding a qualified elder law attorney include:
- National Academy of Elder Law Attorneys — NAELA — naela.org maintains a directory of elder law attorneys organized by location. NAELA members have agreed to abide by a code of ethics and have a demonstrated commitment to elder law practice.
- Certified Elder Law Attorney — CELA — the National Elder Law Foundation awards the CELA designation to attorneys who have demonstrated expertise in elder law through experience, education, and examination. A CELA designation indicates a high level of specialization in elder law.
- State bar association referral services — most state bar associations offer lawyer referral services that can connect you with elder law attorneys in your area
- Personal referrals — recommendations from physicians, financial advisors, geriatric care managers, or other families who have worked with elder law attorneys are often the most reliable source
What to expect when working with an elder law attorney
When you meet with an elder law attorney for the first time they will typically:
- Review your current legal documents including any existing wills, trusts, and powers of attorney
- Discuss your family situation, assets, and goals
- Ask about any current or anticipated long term care needs
- Explain your options and recommend a plan based on your specific situation
- Provide a clear explanation of their fees and the scope of services they will provide
It is helpful to bring the following information to your first meeting:
- A list of your assets including real estate, bank accounts, investments, retirement accounts, and life insurance
- Copies of any existing legal documents
- Information about any current health conditions or care needs
- Names and contact information for family members who may be involved in your care or estate
The cost of elder law services
Elder law attorneys typically charge by the hour or offer flat fees for specific services. Hourly rates vary by location and the attorney’s experience but commonly range from $200 to $500 or more per hour. Flat fees for common services such as a basic estate plan or Medicaid application assistance vary widely depending on the complexity of the work involved.
Many elder law attorneys offer free or reduced cost initial consultations. Taking advantage of these can help you find the right attorney for your needs before committing to a fee arrangement.
Key terms to know
- Elder law — a specialized area of legal practice focusing on the legal needs of older adults and their families
- Certified Elder Law Attorney — CELA — a designation awarded by the National Elder Law Foundation to attorneys with demonstrated expertise in elder law
- National Academy of Elder Law Attorneys — NAELA — the primary professional organization for elder law attorneys
- Medicaid planning — legal strategies used to qualify for Medicaid while protecting assets
- Guardianship — a court-supervised arrangement giving authority over personal decisions for an incapacitated person
- Conservatorship — a court-supervised arrangement giving authority over financial affairs for an incapacitated person
- Long term care planning — planning for the potential need for nursing home assisted living or in-home care
Sources
- National Academy of Elder Law Attorneys — naela.org
- National Elder Law Foundation — nelf.org
- American Bar Association — Public Resources
- USA.gov — Estate Planning
This article is for general informational purposes only and does not constitute legal advice. Laws vary by state. Consult a licensed elder law attorney for guidance specific to your situation.