What Is an Elder Law Attorney and What Do They Do?

As each generation ages into its later years, unique legal needs emerge – needs that span health care, finances, housing, and personal autonomy. Elder law has developed as a distinct legal practice to address these concerns, focusing on protecting the rights, dignity, and independence of older adults. Elder law attorneys serve as vital guides and advocates for this population, helping individuals and families navigate complex and often emotional decisions related to aging.

A Brief History of Elder Law

Elder law is a relatively young specialty within the legal profession. It began to take shape in the 1960s and 1970s, as government programs such as Medicare (established in 1965) and Supplemental Security Income (established in 1972) expanded rights and resources for older Americans. These new programs introduced legal complexities, creating a need for specialized guidance.

The elder law field gained greater structure in the 1980s. In 1987, the National Academy of Elder Law Attorneys (NAELA) was founded to support attorneys committed to serving older adults and individuals with special needs. Since then, elder law has continued to grow, adapting to societal changes such as longer life expectancies, advances in health care, evolving family structures, and the increasing costs of long-term care.

What Elder Law Attorneys Do

Elder law attorneys are more than just legal advisors. They are counselors who often work closely with families during challenging transitions. Their work typically falls into several major areas of the legal profession, which can overlap with other areas, such as estate planning.

Note that you may hear of these attorneys also referred to as elder care lawyers, senior care attorneys, or even Medicaid lawyers.

Estate Planning and Administration

• Powers of Attorney. Elder care attorneys draft legal documents that allow trusted individuals to make financial or health care decisions if the client loses capacity.
• Advance Directives. They can also assist in creating living wills and health care proxies to outline preferences for end-of-life care.
• Wills and Trusts. In addition, elder care lawyers can help clients create wills, trusts, and other estate planning documents to ensure that their money and property are passed on according to their wishes.

Planning for Long-Term Care

• Medicaid Planning. Elder law attorneys develop strategies to help clients qualify for Medicaid to cover the high costs of long-term care (including nursing home care), without impoverishing themselves or their families.
• Insurance Advice. They may also offer guidance on long-term care insurance and other financial planning solutions designed to fund care needs.

Guardianship and Conservatorship

When an elderly person can no longer make decisions due to cognitive decline or other conditions, attorneys in the elder law field may help their loved ones establish guardianship or conservatorship, ensuring the senior’s needs are met legally and ethically.

Issues Related to Retirement, Benefits, and Health Care

• Medicare Issues. Elder care attorneys help resolve disputes related to Medicare benefits and coverage.
• Social Security and Pension Claims. They assist clients in navigating claims and appeals.
• Housing Rights. They advise clients on rights related to senior housing, assisted living, and nursing home admissions.

Elder Abuse and Exploitation

Unfortunately, older adults can be targets of financial, physical, or emotional abuse. Elder law attorneys advocate for victims, helping to stop the abuse and pursue legal remedies.

Special Needs Planning

For older adults caring for dependents with disabilities, elder law attorneys help create special needs trusts and other legal instruments to ensure ongoing care without jeopardizing government benefits.

Why Elder Law Matters

Aging often brings complicated legal and financial issues, and mistakes or delays can be costly. Elder law attorneys bring not just legal expertise but also compassion and an understanding of the sensitivities involved in aging. They often collaborate with social workers, financial planners, health care providers, and family members to provide comprehensive support.

Elder law is more than a profession; it is a commitment to preserving autonomy, dignity, and security in the later years of life. As America’s population continues to age — the U.S. Census Bureau estimates that by 2034, adults over 65 will outnumber children under 18 — the demand for knowledgeable, empathetic elder law attorneys is expected to keep rising.

Finding an Elder Law Attorney

When selecting an elder law attorney, look for one who has experience with your specific needs and is willing to work collaboratively with your family and advisors. Compassion, patience, and clear communication are just as important as technical legal skills. Contact an elder law attorney near you for legal advice and to learn how they can help you with your unique situation.

For additional reading about elder law and the types of legal services these attorneys address, check out the following articles:

• Why Hire an Elder Law Attorney?
• 11 Questions to Ask an Elder Law Attorney
• How Much Does It Cost to Ask an Elder Law Attorney a Question?
• What Is Elder Abuse? Elder Law Q&A