how to become an elder care attorney

by Elinore Dibbert 9 min read

Elder care attorneys must meet rigorous practice standards and pass a written exam to receive certification. Presently, there are nearly 500 NELF certified elder law attorneys. All of ElderCounsel’s partners are NAELA members and have served on its board at one time or another.

To become a Certified elder Law Attorney, an applicant must be licensed and continuously in good standing with the bars of every state in which they practice. The applicant must have practiced law for at least five years prior to application (most have much more) and still be practicing law. That is the easy part.

Full Answer

What questions should I Ask an elder law attorney?

Jan 25, 2022 · To be certified, attorneys must, among other criteria, pass an exam, practice elder law at least 16 hours a week and participate in ongoing, continuing education courses. You can search for a NELF-certified attorney on the organization’s website. It’s important that you find an attorney that’s right for you.

Why do you need a certified elder law attorney?

Mar 03, 2022 · What Type Of Law Is Elder Law? The role of elder law is to assist older adults in getting legal advice on certain issues. Disability, long-term care planning, inheritance planning and settlement, guardianship, and conservatorship are a few of the major areas of elder law.

What is elder law and how can it help you?

Sep 08, 2017 · NAELA’s affiliate, the National Elder Law Foundation (NELF), is the only nationwide organization approved by the American Bar Association to certify practitioners of elder and special needs law. Elder care attorneys must meet rigorous practice standards and pass a written exam to receive certification. Presently, there are nearly 500 NELF certified elder law attorneys.

What is a certified elder law attorney?

Nov 20, 2021 · A local elder law attorney can make sure that your older adult has completed all the important legal documents and that they’re compliant with state and local laws. 2 ways to find an elder law attorney. 1. Get a referral from someone you know. Getting a referral from family or a friend is a great way to find a lawyer.

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How to find an elder law attorney?

2 ways to find an elder law attorney. 1. Get a referral from someone you know. Getting a referral from family or a friend is a great way to find a lawyer.

How can an elder law attorney help seniors?

2 ways an elder law attorney helps seniors and family caregivers. 1. Plan for the future and protect assets. An elder law attorney has the expertise to make recommendations on how to plan for future care needs. They often answer questions like:

What is elder law?

Elder law is a specialized legal area focused on older adults and their adult children. This legal specialty focuses on specific needs, including: Power of attorney and other important legal documents. Long term care planning and paying for care. Medicare and Medicaid planning.

Why is elder law important?

Having the essential legal documents in place gives you the necessary legal rights to provide the best care for your older adult, now and at the end of life. That’s why it’s so important to find an expert lawyer that you trust to draw up the right documents.

What is an elder law attorney?

From planning for the future, like making sure an estate plan is in place and establishing a durable power of attorney, to dealing with money matters in the here and now, such as tax guidance and coordinating with financial planners, an elder law attorney is typically well-versed in looking at clients’ larger financial picture.

What is elder law?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

How many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

Can a will be a personal representative?

These laws control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney-in-fact under a power of attorney.

Is elder law the same as estate law?

Elder law isn't the same thing as estate law , although they cover some of the same issues. Elder law addresses your finances and property in such a way as to best provide for you and your family while you're still alive.

It is my mission as an elder care attorney to help people understand the value of taking time to think about these inevitabilities long before they arrive

Yet, it is usually in desperation that so many people come to an elder care attorney like me, for help. Either a parent or a spouse becomes ill and/or incapacitated and the person who finds him or herself suddenly thrust into the role of caregiver is faced with legal issues that have not been properly sorted out or tended to.

Questions Need Answers

Very often the services of an elder law attorney are confusing. Many people think Elder Care Law is the same as an estate law attorney. While an elder care attorney can also be an estate and asset protection attorney, they are not the same. Estate law is concerned with what you leave to your loved ones when you die.

Let A Certified Elder Care Attorney Be Your Guide

Many people think they do not need an attorney to apply for Medicaid or VA benefits. You may think you’ll save a few dollars by filling out the forms yourself or using those provided on the Internet. Unfortunately there are requirements for qualifying that most people are not aware of. The denying of benefits can be costly to so many families.

What is Elder Law?

Elder law is a multifaceted, relatively new area of focus in the legal field.

Personal Care

Personal care matters include guardianship in old age and long-term care planning. This includes decisions on how to provide care to the elderly in the family. It also involves deciding on whether one should care for them at home or in community/nursing home, depending on their health conditions the quality of care and finances.

Estate Planning

Elder care attorneys also deal with all financial issues like assets and property protection. These include but are not limited to pension plans, claims and benefits, estate planning and administration, asset protection, living trusts, wills and ethical wills, power of attorney, and probate and trust administration.

What is an estate attorney?

As an estate attorney, also called an estate planning or probate lawyer, you're responsible for assisting your clients in settling their financial affairs before they die. You will also administer clients' estates according to their will and/or their revocable living trust. An estate planning attorney puts best effort to ensure ...

What is the role of an estate lawyer?

Your role as an estate lawyer is to help you client plan for the disposal of their estate as well as any wills, trusts, or power of attorney agreements. You will need to help your clients draft their wills, trusts, and any other estate planning documents. A good estate lawyer will have strong analytical and verbal/written skills, ...

How many states have probate laws?

All 50 states in the United States have adopted laws that govern many of the key aspects of estate planning and probate. As an estate lawyer, you will be involved in many probate processes for clients and should have extensive knowledge of the Uniform Probate Code in your state.

What is estate planning?

An estate planning attorney puts best effort to ensure that your property and health care wishes are honored, and that your loved ones are provided for in your absence. Estate law is related to family law and you will often have to work closely with related individuals who are involved in an estate. As an estate lawyer, you will need ...

What is an LLM in law school?

Your law school may also offer certificates or masters of law degrees (LLM) in estate planning or taxation. These certificates will require an additional one to two years of coursework, but they will give you extensive knowledge in estate planning and taxation.

What is an internship in law school?

An internship or mentorship can also be a great opportunity to network with practicing lawyers and could lead to prospective positions at a firm or company upon graduation. Speak to your advisor at your law school for more information on possible internships or mentorships during your degree.

How long should an informational interview last?

They are exploratory conversations with people who are in your career field that last about 30 minutes.

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