Lawyers who decide to specialize in elder law can seek certification through The National Elder Law Foundation. In order to qualify for the elder law certification, attorneys must have at least five years of experience practicing law and show proof that they have concentrated in elder law cases for the past three years.
Full Answer
Do I need an elder law attorney?
At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.
What are the laws of elder law?
State Laws Rule Elder Law Matters. State laws are very specific about what can and cannot be included in a will, trust, advance medical directive, or financial power of attorney. They control who can and cannot serve as a personal representative, trustee, health care surrogate, or attorney in fact.
Who is a certified elder law attorney in Illinois?
Kathryn is one of only a few Certified Elder Law Attorneys in Illinois. She has practiced exclusively in elder law since 2004. Her practice focuses on long term care planning, estate planning, special needs planning, Medicaid planning and applications, and probate and trust administration. She devotes a substantial por...
What does an aging lawyer do?
These attorneys are trained to take into account any physical and mental limitations aging clients may be experiencing, and to tap into a specialized network of psychologists, social workers, long-term care planners, and other professionals to assist with any changes in the client’s circumstances.
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.
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.
What is an elder law specialist?
These legal professionals may also be considered certified elder law attorneys, meaning that they have obtained an approved certification as an expert in that field. 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, ...
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 long do you have to practice elder law?
The attorney must be a member in good standing in the bar where they are licensed. The attorney must have spent an average of at least sixteen hours per week practicing elder law in ...
What is a certified specialist?
The title of “certified specialist,” is an important qualification, and an attorney who represents himself or herself as a "certified specialist," yet has not in fact been appropriately certified, can be liable for false and misleading advertising.
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.
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 is the importance of wills and estate planning?
Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters. Create a durable power of attorney. Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care power of attorney.
Do elder law attorneys specialize in every area of law?
Most elder law attorneys do not specialize in every area of law affecting seniors, so it is important to hire an attorney who has experience in your particular area of concern.
What are some specialties in elder abuse?
Other fields of specialty may include: Mental health law. Health law. Estate planning. Disability planning. Moving to senior living.
What is elder law?
What is an Elder Law Attorney? If your aging loved one is facing legal or financial problems or has questions about the sale of a home, a move to senior living, preserving their assets, or managing their estate, you may look into hiring an elder law attorney. Attorneys often work in specialized fields.
Why should I retain an elder law attorney?
You may want to retain an elder law attorney to help get your aging parents’ affairs in order before a move to senior living or assisted living, to help navigate the maze of healthcare options, or if you aren’t sure of your loved one’s rights in legal, medical, or financial matters.
Is it a job to care for an elderly person?
Caring for an older adult can be a full-time job, as it is. If you can afford it, hiring an elder law attorney is one of the best ways to protect your senior loved one and their assets. (833) 457-8271.
Is it better to call an elder law attorney?
A boutique legal practice may be able to offer a referral to another lawyer in the area to assist with specific issues. When in doubt, it’s better to call an elder law attorney for a free consultation rather than to try to represent your aging loved one yourself. Caring for an older adult can be a full-time job, as it is.
Do elder law attorneys need a license?
Elder law attorneys require no special licensing or certifications, but should be licensed to practice law in your state. Rather, elder law attorneys are defined by the type of clients they serve, and the specialized knowledge and skills they possess to serve this client base.
What does "one wrong word" mean in elder law?
One wrong word or move can mean the difference between a good result and disaster should you become incapacitated or if other unexpected issues should occur in your senior years.
What do you leave to your loved ones when you die?
Your estate, on the other hand, is what you leave to your loved ones when you die and how you leave it to minimize probate complications and potential estate tax liabilities. Numerous options are available to adjust as economically and efficiently as possible to plan for all eventualities.
Can you set up a revocable living trust for someone else?
For example, a revocable living trust can be set up for someone else to take over management of your assets if a time comes when you can no longer do so yourself. An elder law attorney can explain these options to you so you can have a plan in place for such an eventuality.
Do elder law attorneys charge by the hour?
Many elder law attorneys charge by the hour so you'd only have to pay for their time to deal with the specific issues that are of concern to you. Others offer "package deals.". They'll provide various services under the umbrella of one fee.
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.
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.
What Is an Elder Law Attorney?
Elder law attorneys specialize in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation.
When Do You Need an Elder Law Attorney?
As you age, the legal issues that you, your spouse or your family caregivers face can change. For example, it’s important to have durable powers of attorney for financial and health needs in case you or your spouse becomes incapacitated.
What Can an Elder Law Attorney Do for You?
Elder law attorneys can help with a long list of legal matters seniors often face, including:
How Much Do Elder Law Attorneys Charge?
The cost to hire an elder law attorney depends on which legal services are needed, the city or region in which you live and the level of the attorney’s experience and education in elder law.
Tips for Finding the Best Elder Law Attorney for You
Before you hire an elder law attorney, the National Academy of Elder Law Attorneys (NAELA) recommends first making sure you’re facing a legal matter that requires an elder law attorney’s expertise.
Sources
Questions and Answers When Looking for an Elder Law and Special Needs Planning Attorney. National Academy of Elder Law Attorneys. Accessed September 9/22/2021.
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...
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 specifically address their needs. Additionally, if you’re working with an atto…
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 can also locate a certified elder law attorney on FindLaw's att…
Additional Resources
- For additional information on elder law generally, see FindLaw's "Elder Law" and "Intro to Elder Law" articles.
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