[Last updated April 2, 2025]
When a loved one begins to age or needs help managing their affairs, the legal side of things can get complicated quickly. That’s where elder law attorneys come in. These professionals specialize in legal matters that affect older adults and their families, including estate planning, guardianship, Medicaid planning, long-term care arrangements, and powers of attorney. They know the nuances of laws that change from state to state and the sensitive issues families often face. In this article, we’ll go over the basics of what elder law attorneys do, the benefits of hiring one, and how to find the right elder law attorney who can protect you and your family.
What does an elder law attorney do?
In short, elder law attorneys help aging individuals and their families navigate legal concerns unique to older adults, including everything from planning for care to avoiding probate and qualifying for government benefits. They draft wills, trusts, advance health care directives, and durable powers of attorney. They might also help with housing arrangements, nursing home contracts, and protecting assets when long-term care is needed. Some get involved in elder abuse cases or help families when legal guardianship becomes necessary.
Working with an elder law attorney can also help avoid costly legal missteps down the road. Qualifying for Medicaid, for example, requires a careful and complicated examination of finances, and having incorrectly transferred assets in the past can make someone ineligible for Medicaid. Another example is that failing to update a will could leave assets tied up in probate longer than necessary. These attorneys are trained not just in the legalities but in the practical realities of aging, which makes them uniquely valuable when dealing with this phase of life.
Benefits of hiring an elder law attorney
One of the biggest advantages of hiring an elder law attorney is their ability to plan ahead. A good elder law attorney doesn’t just react to a crisis — they help you avoid one. Whether it’s setting up a trust to protect assets or making sure your parent has named someone they trust to make decisions on their behalf, having the right documents in place can save a lot of stress later.
Finding elder law attorneys in your area
Finding the right elder law attorney can take some time, but it’s worth the effort. Start by asking people you trust, including friends, doctors, or financial advisors, if they have any recommendations. Local or state bar associations often have referral services. You can also look for members of professional organizations like the National Academy of Elder Law Attorneys (NAELA) for attorneys who focus their practice in this area of law.
How to vet the options
Once you’ve got a few names of local elder law attorneys, it’s time to do some homework. Check on the following factors:
- Does their website list elder law as their specialty?
- How long have they been practicing?
- Do they list specific areas of focus important to you, like Medicaid planning or Veterans benefits?
- If you’re helping a parent who lives in another state, is the attorney licensed to practice in that state? Laws vary widely when it comes to estate planning and Medicaid, so a local expert is often the best route.
As you do your research, don’t be afraid to dig deeper. You can check with your state’s bar association to see if there are any disciplinary actions or complaints against the attorney. Online reviews may also give you a sense of how responsive and compassionate they are — two qualities that matter a lot when dealing with emotional or high-stakes family matters.
Meeting and evaluating attorneys
After you’ve narrowed down the list, set up initial consultations. Some attorneys offer these for free, while others may charge a modest fee. Either way, it’s worth sitting down and seeing how comfortable you feel. Keep the following in mind during your meetings:
- Do they explain things clearly?
- Do they seem to understand your situation?
- Are they asking thoughtful questions? It’s not just about expertise; it’s about whether you feel you can trust this person to guide you through some potentially tough decisions.
Also pay attention to how they communicate:
- Are they prompt in responding to emails or calls?
- Are they willing to work with family members who may not live nearby? In cases where multiple people are involved, such as siblings trying to help a parent, it’s important to have an attorney who’s comfortable managing group conversations or providing updates to more than one person.
Ask about fees upfront in your meetings. Some elder law attorneys charge by the hour, while others may offer flat rates for specific services like drafting a will or trust. Make sure you understand what’s included and what could result in additional charges. Cost is important, but it shouldn’t be the only factor. An attorney who charges a bit more but saves you from a costly legal problem may end up being the better value.
If you’re torn between a few good candidates, consider the human factor. Who made you feel heard? Who seemed the most empathetic to your family’s needs? Who explained things in a way that gave you confidence rather than confusion? Legal skills are vital, but bedside manner is also important, especially in elder law.
Final thoughts on finding an elder law attorney
Finding the right elder law attorney can bring peace of mind and protect your loved ones from unnecessary legal and financial troubles. The process may take some legwork, but the result — a trusted partner who knows the legal terrain and cares about your family — can be a big relief in times of uncertainty.
