When people hear "attorney," they often think of litigation or corporate law. Elder law is a very different specialty — focused on helping older adults and their families navigate the legal, financial, and care decisions that come with aging. An elder law attorney can be one of the most valuable professionals a family works with during this time.
What Elder Law Attorneys Do
Elder law is a specialized area of law that covers a wide range of issues, including:
- Estate planning documents — wills, trusts, powers of attorney, health care proxies, and advance directives
- Medicaid planning — understanding Medicaid eligibility rules and how planning ahead may affect long-term care options (note: this area is highly regulated; advice must be state-specific)
- Guardianship and conservatorship — representing families when a loved one can no longer make their own decisions and legal authority is needed
- Veterans benefits — helping veterans and surviving spouses access VA programs like Aid & Attendance
- Elder abuse and exploitation — protecting seniors from financial exploitation and abuse
- Special needs planning — planning for individuals with disabilities of all ages
How Elder Law Differs from General Estate Planning
While all elder law attorneys do estate planning, not all estate planning attorneys are elder law attorneys. Elder law goes beyond writing wills and trusts — it focuses on the intersection of aging, health, long-term care, government benefits, and family dynamics. An elder law attorney understands Medicaid rules, nursing home contracts, and care coordination in ways that general practitioners typically don't.
NAELA: The Professional Organization for Elder Law Attorneys
The National Academy of Elder Law Attorneys (NAELA) is the leading professional organization for elder law and special needs attorneys. NAELA members commit to continuing education in this specialty. You can search for NAELA members at naela.org — this is a good starting point when looking for an elder law attorney.
Some elder law attorneys are "Certified Elder Law Attorneys" (CELA) — a designation that requires significant experience, examination, and peer recommendations. CELAs have demonstrated a high level of competence in elder law.
When Should You See an Elder Law Attorney?
Consider consulting an elder law attorney if:
- Your parent or loved one doesn't have a power of attorney or health care proxy
- There are signs of cognitive decline or memory concerns
- You're trying to understand long-term care funding options
- A loved one may need nursing home care in the coming months or years
- There are significant assets and questions about how they'll be handled
- A family member has been financially exploited
- You need to set up guardianship for a loved one
In general, it's better to see an elder law attorney before a crisis than during one. Many offer free initial consultations.
How to Find a Good Elder Law Attorney
- Search the NAELA member directory at naela.org
- Check your state bar association's referral service
- Ask your local Area Agency on Aging for referrals
- Ask your parent's doctor or hospital social worker
- Check our professional directory for elder law attorneys in your state
This article provides general educational information. It is not legal advice. Elder law is a complex specialty that varies significantly by state. Consult a licensed attorney in your state for advice on your specific situation.