Elder Law is a client-focused practice area where lawyers help seniors plan their estates to optimize asset protection and understand options related to Long-Term Care, including what government benefits may be available to pay for care. Elder Law goes beyond the realm of traditional Estate Planning to address the legal and social issues affecting seniors, the disabled and vulnerable adults. Finding, keeping and paying for Long-Term Care is an integral part of Elder Law. Asset protection against Long-Term Care costs is a key component of Elder Law planning.
Is Elder Law a Recognized Legal Specialty?
The National Elder Law Foundation offers a certification in Elder Law (CELA, which stands for Certified Elder Law Attorney) for those attorneys who have applied for and successfully passed a written examination and who meet specified qualifying criteria. Most State Bar Associations, however, do not recognize Elder Law as a legal specialty.
Are There Any Other Credentials an Elder Law Attorney Might Demonstrate?
In Washington State, an Elder Law attorney may be a member of organizations focusing on Elder Law, such as the Washington Academy of Elder Law Attorneys (WAELA), as well as national organizations like the National Academy of Elder Law Attorneys (NAELA).
What Are the Legal Practice Areas in Which Elder Law Attorneys Engage?
Although the legal problems of seniors span the entire gamut of legal issues, certain topics arise for seniors more regularly than others. Lawyers who focus on Elder Law likely will be familiar with Guardianships, Estate Planning, Trust administration and Probates. Within Elder Law, attorneys may focus on Special and Supplemental Needs Trusts, Long-Term Care planning and government benefits such as Medicaid and Veterans Affairs. Some Elder Law attorneys may also focus on related issues, such as elder abuse, senior exploitation, and nursing home litigation.
Are There Legal Practice Areas that Elder Law Attorneys Are Uniquely Qualified to Handle?
As with other professional specialty areas, the ability of individual Elder Law attorneys to handle specific matters will vary with the experience, competence, and credentials of the individual lawyer. Some of the topics that are not as widely understood by lawyers other than Elder Law attorneys might include Medicaid and Long-Term Care planning, Special and Supplemental Needs Trusts, Estate Planning for disabled family members and Advance Directives.
How Can I Find an Elder Law Attorney in My Area?
The National Academy of Elder Law Attorneys (NAELA) provides an online resource for locating a member of that organization. NAELA is the only national organization of Elder Law attorneys and has over 3,000 members hailing from every state (and a few U.S. territories and foreign countries).
As with other legal practice areas, the best method of locating a competent Elder Law attorney is probably to solicit suggestions from friends, relatives, and colleagues, conduct online research, find out the attorney’s rating and what clients say about the attorney. Then contact the Elder Law attorney and ask questions about their specific experience, training, and interests. An important question to ask is how much of their practice is devoted to Elder Law?
At Elder Law Group PLLC we focus 100% on Elder Law.