how to become an elder law attorney

by Bettye Simonis 5 min read

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.

What questions should I Ask an elder law attorney?

 · The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys. 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.

What is elder law and how can it help you?

 · David is certified as an Elder Law Attorney by the National Elder Law Foundation. David is AV rated by Martindale-Hubbell. In 2012, David was invited to join NAELA's Council of Advanced Practitioners. David has been selected as a "Georgia SuperLawyer" in the field of Elder Law since 2013.

What is a certified elder law attorney?

 · 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 …

What is a New Jersey certified elder law attorney?

 · An attorney certified by NELF must meet rigorous practice requirements and pass a written examination. I found the exam to be more difficult than the bar exam. The pass rate has dipped as low as 14 percent, but in 2016, the pass rate rose to 33 percent.3 The National Academy of Elder Law Attorneys (NAELA) now offers a CELA Prep Advanced Study Kit.

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How do I become a cela?

The Certified Elder Law Attorney (CELA) exam is impossible to pass; A candidate should be able to study designated materials and pass the CELA exam; If a candidate is conversant with, or proficient in, Medicaid asset protection planning, he or she should pass the CELA exam.

What is Cela certification?

The Certified Elder Law Attorney (CELA) certification has frequently been referred to as “the gold standard” for elder law and special needs practitioners. This reflects the hard work and proof required before an attorney can proudly proclaim that he or she holds the valued designation.

What is elder law in Texas?

An elderly person has the right to be treated with dignity and respect, without regard to race, religion, nationality, sex, age, disability, marital status, or source of payment. This means that the elderly person has the right to: Make his or her own choices about personal affairs, care, benefits, and services, and.

Why do I need an attorney?

If you've never worked with a lawyer before, there are many types of legal issues that might require legal representation. You may consider hiring a lawyer if you have suffered an injury, been wrongfully terminated at work, are thinking about starting a business, or have been accused of committing a crime.

What does Cela stand for?

Definition. CELA. Certified Elder Law Attorney (National Elder Law Foundation)

Can you sue APS in Texas?

APS is a state agency. As an agency of the state, APS is treated as the state for purposes of most lawsuits. And for you, that's a problem. As a general rule, states are immune from being sued.

What age is someone considered elderly?

65What Age Is Considered Elderly in the U.S.? According to the Social Security Administration, 9 out of 10 people over the age of 65 receive Social Security benefits, and 65 is the age that U.S. citizens are legally considered seniors.

Who protects old people?

The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably from state to state. 10 G.C.A.

What are the disadvantages of being a lawyer?

Disadvantages of Being an AttorneyLawyers often work long hours.You will often no longer have a life apart from work.Clients can be quite demanding.Working climate may be rather bad.You may get sued.Law school can cost a fortune.Digitalization is a threat to lawyers.More items...

What are 5 reasons you might need a lawyer?

7 Reasons You Need a LawyerPersonal Injury. ... Someone in Your Family Died Without an Estate Plan. ... You Want to Start a Business. ... You Need an Estate Plan. ... You are Going Through a Nasty Divorce. ... A Contract is Involved. ... You Received a Letter from an Attorney.

What is a retainer fee?

Understanding Retainer Fees A retainer fee is an advance payment that's made by a client to a professional, and it is considered a down payment on the future services rendered by that professional. Regardless of occupation, the retainer fee funds the initial expenses of the working relationship.

How to become an elder law attorney?

Although the specific requirements for certification as a specialist in elder law may vary from state to state, many states recognize the elder law certification issued by the National Elder Law Foundation (NELF). That organization sets forth the following requirements in order to qualify as a certified elder law attorney: 1 The attorney must be licensed to practice law in at least one state or the District of Columbia. 2 The attorney must have practiced law for at least five years before applying for certification and must be practicing law at the time of their application. 3 The attorney must be a member in good standing in the bar where they are licensed. 4 The attorney must have spent an average of at least sixteen hours per week practicing elder law in the three years preceding the application and have handled at least sixty elder law matters during those three years. 5 The attorney must have participated in at least forty-five hours of continuing legal education in elder law in the three years prior to their application. 6 The attorney must submit the names of five attorney references who are familiar with his or her competence and qualifications. 7 The attorney must pass a full day certification examination.

How many hours do you need to be an elder law attorney?

The attorney must have spent an average of at least sixteen hours per week practicing elder law in the three years preceding the application and have handled at least sixty elder law matters during those three years. The attorney must have participated in at least forty-five hours of continuing legal education in elder law in ...

What is a certified specialist in elder law?

A certified specialist in elder law is an attorney who has received specific training in elder law issues, has practiced in that field for a certain amount of time, and has been certified as highly qualified in elder law by their State Bar or by another accrediting organization. The title of “certified specialist,” is an important qualification, ...

What is elder law attorney?

They may also require information or assistance with proactive planning. In these respects, the elder law attorney very closely resembles an estate planning attorney; sometimes, they are one and the same. After the initial interview, an attorney can assess the client’s objectives in terms of estate distribution and employ various techniques to ensure that the client’s estate is handled smoothly after death.

How successful are elder care attorneys?

The most successful elder care attorneys are mindful that older Americans, or clients with special needs, may have very different needs than younger clients. Accessibility is at the heart of an elder law practice. Attorneys in elder law and those deciding to become a special needs attorney, must be prepared to meet clients where they are. Many attorneys visit clients at home, in hospitals or nursing homes, or in assisted living facilities. Even if a client is able to meet at an attorney’s office, the client may need special accommodations such as wheelchair accessibility and handicapped parking.

Is elder law a multifaceted practice?

Because elder law is truly a multifaceted practice area, education on a variety of topics is absolutely essential. Thankfully, there are numerous practice tools available for those deciding to become an elder law attorney, and to keep elder law practitioners up to speed.

Where do attorneys visit?

Many attorneys visit clients at home, in hospitals or nursing homes, or in assisted living facilities. Even if a client is able to meet at an attorney’s office, the client may need special accommodations such as wheelchair accessibility and handicapped parking.

What is elder law?

These include, but are not limited to, estate planning, powers of attorney, guardianship/conservatorship and administration, assisted living community contracts and disputes, nursing home care, pension entitlements, reverse mortgages, elder abuse, age discrimination, medicaid planning strategies and government benefits and services.

What is the National Center for Elder Abuse?

The National Center for Elder Abuse “provides the latest information regarding research, training, best practices, news, and resources on elder abuse, neglect, and exploitation to professionals and the public.”.

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, ...

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.

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.

How long should an informational interview last?

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

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 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:

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 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 it important to have legal documents in place?

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.

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Requirements For Certification as An Elder Law Attorney

  • Although the specific requirements for certification as a specialist in elder law may vary from state to state, many states recognize the elder law certification issued by the National Elder Law Foundation (NELF). That organization sets forth the following requirements in order to qualify as a certified elder law attorney: 1. The attorney must be l...
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What Can A Certified Elder Law Attorney Do For You?

  • With their specialized training and practice in elder law, along with the additional resources available to them, certified elder law attorneys can be expected to understand the current state of elder law in their jurisdiction and to offer an expert level of representation to their clients. An elder law attorney will also understand the challenges facing elderly clients and is trained to specifical…
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Where Can You Find A Certified Elder Law Attorney?

  • NELF’s website provides a list of specialists by state. However, it is not the only certifying entity and you can also locate a certified elder law attorney through the state bar for your state, some of which may even include this information on their websites. The State Bar of California, for example, provides a Legal Specialist Search, allowing you to find specialists by area of law. You …
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Additional Resources

  • For additional information on elder law generally, see FindLaw's "Elder Law" and "Intro to Elder Law" articles.
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