What is an Elder Lawyer?

Getting older comes with its fair share of headaches and curveballs, especially when it comes to things like managing retirement benefits, sorting out healthcare, and figuring out living arrangements, and planning for financial stability over the long run. If you or a loved one is looking for support navigating this new world, elder law attorneys can be especially helpful.

While all attorneys have a solid understanding of the law, an elder care attorney is like a gerontologist of the legal world when it comes to aging and elder law issues. Elder law attorneys understand the areas that matter to senior citizens - estate planning, living arrangements, healthcare, including Medicare and Medicaid, long term care planning, and other related issues. This makes them more equipped to provide you with experience, expertise and advice tailored to your situation. Here's a quick rundown of what an elder law attorney can help with:

• Planning for long-term care: As we age, we might need some extra help with daily activities, medical care, or even a stay in a nursing home. This type of care can be very costly, and an elder law attorney can help set up a game plan, so you're financially prepared and know your legal rights.
• Long term care insurance: Elder law attorneys can be partners in managing long-term care insurance. They aid clients in understanding policies specifications, and offer advice on the most suitable options.
• Estate and trust planning: Passing on treasured family heirlooms or making sure your loved ones are financially secure after you're gone can be tricky to navigate. Elder lawyers specialize in figuring out the best way to protect assets, distribute the estate of older clients, avoid probate, and reduce any tax burdens. They're experts in these financial matters.
• Guardianship or conservatorship issues: Sometimes, there comes a time when a senior can't make decisions for themselves and needs assistance managing their finances and medical care. A guardianship or conservatorship proceeding can be commenced in court so that the court appoints a guardian for the senior. An elder law attorney can help ensure that the person chosen is aligned with the senior on all matters.
• Understanding senior rights: There are plenty of policies and laws in place to protect seniors, but they can be confusing without some guidance. Elder law attorneys focus on staying up to date with these laws.
• Medicare, Medicaid and Social Security benefits: There's no denying that healthcare and living expenses can add up. Elder lawyers can help maximize your benefits in areas like Medicare and Social Security. And if you need nursing home care, an elder law attorney can help you plan and apply for Medicaid.
• Durable power of attorney designation: This is a crucial document that appoints someone to handle financial and legal affairs if an older adults becomes unable to do so. An elder law attorney can help draft a power of attorney document that accurately reflects their wishes.
• Wills: Elder law attorneys can draft a will that allows a senior to identify how their estate is to be passed down to friends or family. They can also assisted with creating a living will, which is a a document that outlines wishes concerning end of life medical treatment when someone is unable to express informed consent.
• Advance directives: Elder care attorneys play a crucial role in drafting advance directives. They provide expertise on crucial decisions regarding life-prolonging treatments, health care and hospice care.
• Caring for a spouse or child with special needs: If you have there is a spouse or child with special needs, planning for their future is vital. An elder law attorney can help create a trust to ensure your loved ones are taken care of while still maintaining their eligibility for government benefits or assistance. 
• Navigating Veterans' Benefits: If you're a veteran, you may qualify for certain benefits from the Department of Veterans Affairs (VA). However, understanding what you're entitled to and how to access these benefits can be a complex process. An elder law attorney can help navigate through this bureaucratic maze, ensuring you receive all the veterans' benefits you're eligible for.

An important note about elder abuse:

A qualified elder law attorney can also provide legal assistance in issues related to elder abuse, a devastating issue that confronts many older adults. These specially trained attorneys can help identify signs of abuse, whether physical, emotional or financial, and take immediate steps to halt it. In cases of financial exploitation, they can help reclaim control over the elder's financial affairs and seek justice through the court system. They also serve as a crucial liaison with law enforcement and adult protective services, ensuring that the necessary evidence is gathered, and proper reports are made.

If you or a loved one is concerned about the physical abuse or emotional abuse of an older person, please contact your local adult protective services agency or call Eldercare locator at 1-800-677-1116 and specialists can help refer you to local government resources that can support you.

The short answer is yes - elder law attorneys can have special certification that makes them better suited to working with older adults. Most certified elder law attorneys take specialized courses in elder law after having passed the bar. A certified elder law attorney can earn certification from organizations like the National Elder Law Foundation (NELF) which require passing a demanding exam and meeting ongoing education requisites in law.

Some elder law attorneys stay up to date on elder law by joining organizations like the National Academy of Elder Law Attorneys (NAELA), a professional association that provides valuable resources and support to attorneys dealing with issues regarding aging and disabilities. NAELA facilitates the competence and professionalism of these attorneys by organizing ongoing educational programs, maintaining a powerful advocacy mechanism, and offering a platform for networking and collaboration. With comprehensive resources, professional organizations help lawyers stay up to date on the latest legal strategies, research, and techniques that primarily focus on the older adults and people with special needs.

If you're considering hiring an elder law attorney, chances are you are also balancing just a few other things at the same time. But don't worry - with a bit of preparation and clear steps forward, you can find the right legal expert for you or your loved one's needs:

• Identify your needs: First off, think about what you need. Are you sorting out a will, planning long-term care, or dealing with possible elder abuse? Pinpoint what you're looking for so you find a lawyer that's the right fit.
• Research: Have a look online, check out legal referral services, and even ask your local bar association for a list of top elder law attorneys around your area. A simple google search is a great starting point, but you can also use a professional elder law organization like NAELA.
• Get feedback: Don't forget to ask around. Your friends, family members or coworkers might know a great lawyer from their own experience. Check out online reviews, too.
• Interview potential candidates: Once you've got a shortlist, set up some time to interview your leading candidates. Ask them about their experience, if they've handled cases like yours before, and how they generally tackle their work. Remember, it's not just about the skills - you need someone you can actually get along with!
• Discuss fee structure: Make sure you take the time to understand the attorney's fee structure and whether it aligns with your budget. Does the lawyer charge by the hour, or do they charge a flat fee? Are there any extra costs hiding?

Elder care law is a relatively new concept. As the number of older adults started increasing thanks to advances in healthcare, the unique challenges and needs of this age group became more apparent. The financial decisions related to long-term care and shifting family structures also played a role in this development. When the U.S. government passed the Older Americans Act in 1965, it laid the foundation for attorneys to practice elder law, providing seniors with necessary support. This field has since grown to cover things like estate planning, crucial medical decisions, protecting assets, and preventing elder abuse.

Elder law specialists are an important part of a team that can help protect assets and agency during the aging process. Whether you are a caregiver or an older adult, it's important to understand how this kind of specialist can help you prepare for the road ahead.