what do you need to be an elder law attorney

According to NELF, some of the requirements for certification include:

• Being licensed as a lawyer in one or more states
• Practicing law for five years or more
• Maintaining a level of excellence of all the bars
• Demonstrating involvement in practicing elder law
• Finishing at least 45 hours of continuing education in elder law in the last three years
• References from five attorneys
• Passing a certification examination

Full Answer

How much do elder law attorneys cost?

Fees for elder law attorneys vary widely based on the specific service performed, the experience of the attorney or firm, and your geographic locat...

When should I hire an elder law attorney?

You might consult with an elder attorney if you need help with estate planning, drafting a will, or filing insurance claims, or if you’ve been the...

Is elder law an official field of law?

Elder law is an area of specialization within U.S. law meant to ensure seniors’ rights and well-being. Most lawyers who do a significant amount of...

What is an elder law attorney?

Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

What Questions Should I Ask an Elder Law Attorney?

Also, before selecting an elder law attorney, you should feel comfortable that he or she will represent you or your loved one in a sensitive and understanding manner.

Why are elder law attorneys considered specialists?

In many ways, elder law attorneys are "specialists" because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults.

What are the legal issues that elder law attorneys deal with?

Most elder law attorneys deal with a wide range of legal issues affecting older or disabled people, including issues related to health care, guardianships, retirement, Medicare, and Medicaid, among other important issues .

Why do we need elder law?

Having elder law plans will allow an elderly person to be financially independent and have long-term care options to help them maintain financial independence.

Why is it important to hire a lawyer?

It is important to hire a lawyer with experience and knowledge in the area of concern you have. He or she should also know how laws in other fields might affect the action being taken.

Is elder law the same as estate planning?

There is no doubt that elder law and estate planning are two distinct areas of practice, and an elder law attorney may not always possess the same capabilities as an estate planning attorney or vice versa.

What is elder law?

Elder law is a practice area defined by the people whose legal needs are served—senior citizens. It is an area of law which grew out of the need for estate planning attorneys to address legal problems facing older clients and their children. Elder law is a remarkably diverse area of practice. It encompasses issues affecting the lives of the “elderly,” a population which may include anyone from a ninety-five-year-old nursing home resident to a sixty-five year-old tri-athlete or, for one of our firm’s clients, a ninety-four year old Senior Olympian. An elder law attorney must understand and offer advice about Medicaid, Medicare, Social Security, guardianship proceedings, estate planning, nursing home care, pension and other retirement plans, elder abuse, family matters (such as the “meddling” child), grandparent visitation, and prenuptial agreements.

What is a durable power of attorney?

Durable powers of attorney allow you to choose an agent to act on your behalf in the case of future incapacity or temporary absence. A durable power of attorney authorizes another person (your agent) to make financial decisions on your behalf. These can include transacting business, transferring real estate, or simply paying bills.

Why do seniors need to be protected?

Seniors often need protection against creditors, estate tax avoidance, probate avoidance, as well as help planning for long term care needs. In today’s world, the rising cost of long-term care for seniors and aging baby boomers is a legitimate health care crisis that requires a determined advocate fighting for your rights.

What do elder law attorneys do?

What Elder Law Attorneys Do? Elder law attorneys, also called elder care attorneys, estate and trust attorneys, or Medicaid lawyers, assist persons in preparing for long-term care and death. They assist seniors in a large and diverse array of legal tasks, which encompasses retirement planning, estate planning, creating wills and durable power ...

How much does it cost to hire an elder care attorney for Medicaid?

After the consultation / planning conference and gathering of the facts and needs, a price for services can be quoted. Medicaid planning fees can range from $3,000 to $12,000.The following factors can all impact the cost the cost of a Medicaid planning engagement. The more complicated the case, the higher the fees.

What is the role of a Medicaid attorney?

On the other hand, Medicaid attorneys often focus more on the legal aspects of Medicaid planning, such as creating Medicaid asset protection trusts or Qualified income trusts, which makes them the better option for this type of assistance.

Do elder law attorneys work for Medicaid?

Not all elder law attorneys provide Medicaid planning services and not all Medicaid planners are elder law attorneys. It is important to find a lawyer or non-attorney, professional Medicaid planner that specializes in this area and is familiar with state law.

Is it necessary to have an attorney for Medicaid?

While this process can be labor intensive and complicated, in most states it is not required that the person providing assistance be an attorney. For this task, a professional Medicaid planner might be better suited, as it is generally more affordable than hiring an attorney.

Can a Medicaid attorney help with paperwork?

Medicaid lawyers, first and foremost, are able to assist Medicaid applicants with the application process, such as filling out the paperwork, providing supporting documentation, and filing the application. While this process can be labor intensive and complicated, in most states it is not required that the person providing assistance be an attorney. For this task, a professional Medicaid planner might be better suited, as it is generally more affordable than hiring an attorney. Learn about the various types of Medicaid planners here.

What does an elder law attorney do?

Elder law attorneys often work in conjunction with other professionals in various fields to coordinate care, legal protections, and financing. The issues they may tackle include:

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 to get referrals for legal counsel?

Ask for referrals from friends and family who have hired legal counsel to handle similar issues and in similar circumstances. You don’t need to delve into the nitty-gritty details of your friend’s legal affairs, but you will want to ask what matters the attorney helped with and how satisfied your friend was with the level of service.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.