Choosing the Right Advocate: Expertise to Look for in an Elder Law Attorney

As our population ages, the need for specialized legal assistance for seniors and their families is growing exponentially. Navigating the complexities of elder law requires a skilled and compassionate advocate – an elder law attorney. But with so many attorneys, how do you choose the right one? This blog post will explore the key areas of expertise to look for when choosing an elder law attorney, ensuring you find the best possible advocate for your unique situation.

What is Elder Law?

Elder law is a specialized field of legal practice that focuses on the unique needs and challenges of older adults and their families. Unlike other areas of law that focus on a specific legal issue, elder law takes a holistic approach, addressing a wide range of interconnected legal matters that affect seniors. These matters can include:

Estate Planning: Wills, trusts, and other documents to ensure assets are distributed according to your wishes.
Long-Term Care Planning: Strategies to pay for long-term care, whether at home, in an assisted living facility, or in a nursing home, while protecting assets.
Medicaid Planning: Navigating the complex Medicaid system to qualify for benefits and protect assets from being depleted by long-term care costs.
Guardianship and Conservatorship: Assisting with legal proceedings to appoint a guardian or conservator for individuals who can no longer manage their own affairs.
Elder Abuse and Financial Exploitation: Protecting seniors from physical, emotional, or financial abuse and pursuing legal remedies when abuse occurs.
Disability Planning: Planning for individuals with disabilities, including special needs trusts and other tools to ensure their financial security and well-being.
Retirement and Succession Planning: Helping seniors plan for retirement and ensure a smooth transition of their business or assets.

Why Choose an Attorney Specializing in Elder Law?

While any licensed attorney can technically handle elder law matters, choosing an attorney who specializes in this field offers several advantages:

Expertise: Elder law attorneys have in-depth knowledge of the laws and regulations that affect seniors, including Medicaid, Medicare, Social Security, and estate tax laws.
Experience: They have experience handling a wide range of elder law cases and are familiar with the unique challenges that seniors and their families face.
Compassion: Elder law attorneys understand the emotional and personal aspects of aging and are committed to providing compassionate and supportive legal services.
Holistic Approach: They take a holistic approach to legal advice, considering the key issues facing seniors: housing, financial well-being, health and long-term care, and autonomy/quality of life.
Network of Resources: Elder law attorneys often have a network of connections to other professionals who serve seniors, such as geriatric care managers, social workers, and financial advisors, to provide comprehensive support.

Key Areas of Expertise to Look For

When choosing an elder law attorney, consider the following areas of expertise:

Certification and Credentials: Look for attorneys who are Certified Elder Law Attorneys (CELAs) by the National Elder Law Foundation (NELF). This certification demonstrates a high level of expertise and commitment to the field of elder law. NELF is the only organization approved by the American Bar Association to confer certification to attorneys specializing in elder and special needs law. To become a CELA, attorneys must meet rigorous requirements, including:
- Being licensed to practice law for at least five years.
- Spending a significant portion of their practice on elder law matters.
- Completing continuing legal education in elder law.
- Passing a comprehensive examination.
- Receiving positive peer reviews.
- Experience with Long-Term Care Planning: Long-term care expenses can quickly deplete a senior’s assets. An experienced elder law attorney can help you explore options for financing long-term care, such as long-term care insurance, Medicaid, and Veterans benefits. They can also help you develop strategies to protect your assets while qualifying for these benefits.
- Knowledge of Medicaid and Medicare: Medicaid and Medicare are complex government programs with constantly changing eligibility rules. An elder law attorney can help you navigate these programs, understand your rights, and ensure you receive the benefits you are entitled to. They can also assist with Medicaid planning, which involves structuring your assets to qualify for Medicaid benefits without spending down all your savings.
- Estate Planning Expertise: Estate planning is an essential part of elder law, ensuring that your assets are distributed according to your wishes and that your loved ones are taken care of. An elder law attorney can help you create a comprehensive estate plan that includes a will, trusts, powers of attorney, and advance healthcare directives.
- Guardianship and Conservatorship Experience: If a senior becomes incapacitated and can no longer manage their own affairs, a guardianship or conservatorship may be necessary. An elder law attorney can assist with these legal proceedings, ensuring that the senior’s rights are protected and that a qualified guardian or conservator is appointed.
- Experience with Elder Abuse and Financial Exploitation Cases: Elder abuse and financial exploitation are serious problems that can have devastating consequences for seniors. An elder law attorney can help protect seniors from abuse and exploitation and pursue legal remedies when abuse occurs.
- Familiarity with Special Needs Planning: If you have a child or other family member with a disability, an elder law attorney can help you create a special needs trust to ensure their financial security and well-being without jeopardizing their eligibility for government benefits.
- Understanding of Ethical Considerations: Elder law attorneys often face unique ethical challenges, such as conflicts of interest and issues related to client capacity. It’s important to choose an attorney who is knowledgeable about these ethical considerations and committed to protecting the client’s best interests.
- Commitment to Continuing Education: Elder law is a constantly evolving field, with new laws and regulations being enacted regularly. An attorney who is committed to continuing education will be up-to-date on the latest developments and able to provide you with the most current and effective legal advice.
- Local Expertise: Since laws vary for different states and districts, knowing how matters related to elder law work in your area is essential. The attorney you choose should be an expert on the laws in your state pertaining to wills, estate planning, trusts, and long-term care.

Questions to Ask Potential Attorneys

To find an elder law attorney who is a good fit, you’ll want to ask some key questions. Consider each of the following, tailoring them to pertain to your greatest concerns:

How long have you practiced elder law and estate planning?
What specific areas of elder law do you focus on?
Are you certified as an Elder Law Attorney (CELA)?
What experience do you have with cases similar to mine?
Can you help with long-term care planning and asset protection?
How familiar are you with Medicaid and Medicare regulations?
What is your approach to estate planning?
Do you offer any other services that might be beneficial to me or my family?
What are your fees and how do you bill?
Will you provide documentation to me for review before creating necessary legal documents?
Will other employees in your law office be able to help me with issues in your absence?
Will my powers of attorney have dementia-specific provisions?

Finding an Elder Law Attorney

Referrals: Talk with friends, your financial advisor, your accountant, your family attorney, and anyone else you trust who may know of an elder law specialist in your community. A reliable referral can come from someone who knows an attorney professionally or has personally used their services.
National Academy of Elder Law Attorneys (NAELA): NAELA has a directory of members on their website.
Local Bar Association: Contact your local bar association for referrals to elder law attorneys in your area.
American Bar Association: The American Bar Association also offers lawyer referrals and searchable bar directories on their dedicated site, FindLegalHelp.org.
Online Search: Search online for “elder law attorney near me” to find attorneys in your area. Check out lawyer profiles, client testimonials featured by legal organizations like Avvo and Super Lawyers, and Google reviews.

The Importance of a Good Fit

Choosing an elder law attorney is a personal decision. You should feel comfortable with the attorney’s communication style, approach to legal issues, and commitment to your well-being. Take the time to research your options, ask questions, and find an advocate who you trust to guide you through the complexities of elder law.

Conclusion

Planning for the future and protecting your assets as you age requires the expertise of a qualified elder law attorney. By focusing on experience, specialization, and a compassionate approach, you can find the right advocate to help you navigate the legal challenges of aging and ensure your peace of mind. Don’t hesitate to reach out for a consultation to discuss your specific needs and find out how an elder law attorney can help you achieve your goals.