What Is an Elder Law Attorney?
Elder law attorneys focus their practices on helping the elderly with their legal needs. The specialty of "elder law" evolved in the 1980s as it became increasingly clear that the complicated legal issues confronting seniors – in particular qualifying for Medicaid coverage of nursing home care – were beyond the expertise of general-practice attorneys. They are sometimes also referred to as “elder care” lawyers.
Elder law attorneys can be the key to protecting assets and options. They typically help seniors and their families:
- plan for Medicaid coverage of long-term care, and apply for coverage when the time comes;
- put plans in place to manage assets and make health care decisions in the event of incapacity;
- seek guardianship and conservatorship, or defend against such actions; and
- create and administer trusts.
Planning may occur when clients are totally healthy or after incapacity of some sort occurs. Often, elder law attorneys stay involved over time as their clients’ needs change.
Elder law attorneys also know that their clients' needs extend beyond basic legal services. For this reason, they are linked to a network of professionals in their community who serve the senior population.
But anyone can call themselves an "elder law attorney," and today in the U.S. some 10,000 lawyers claim to practice "elder law." How do you know who is truly qualified? One way is to choose an ElderLawAnswers member attorney.
In order to be considered as a member of ElderLawAnswers, attorneys must have a demonstrated commitment to elder law and a proven track record as an attorney in the field. In addition, our members benefit from the experience and expertise of their fellow member attorneys and from the practice tools they receive as part of their membership.
An ElderLawAnswers member attorney can explore with you the options for protecting your assets, help you and your family plan for diminished capacity, and ensure that your wishes, whatever they may be, will be carried out.