What is an Elder Law Attorney, and Who Needs One?

As our population ages, the need for lawyers who specialize in what the American Bar Association (ABA) refers to as "elder law" continues to grow. For example, Caring's 2025 Wills Survey, which found that only 24% of Americans have a will, suggests a growing need for wills and estate planning services for older adults. 

Estate planning is only one reason seniors might seek legal help. According to the ABA, twelve practice areas relate to seniors, including health and personal care planning, insurance issues, housing issues, and public benefits. 

So, what is an elder law attorney? When should you hire one, and how do you find them? Our guide answers these and other questions.

 

Elder law is the practice of counseling and representing older persons and their representatives on legal issues pertaining to retirement, public benefits like Medicare and Medicaid, housing issues — whether you live in an independent living community or a nursing home — wills and estate planning, and more. 

Any legal matter that touches the life of an older adult can be considered elder law. In many cases, elder law relates to health matters and end-of-life planning.

Perhaps you've got a confusing legal issue that has left you wondering, "When should I hire an elder law attorney?" Let's dive deeper into ways an elder law attorney can help you.

Applying for government assistance, such as Medicaid and Medicare, can be confusing. Appealing denials following an unsuccessful application can be even more confounding. An elder law attorney can help by facilitating your application process and acting as an advocate when dealing with government agencies or in court.

Elder law attorneys can also understand and manage your assets. Medicaid benefits, in particular, are subject to income and asset limitations. 

A lawyer may be able to recommend a trust structure that could allow you to retain assets under the control of a trustee, ensuring that you qualify for the assistance you need without a total loss of your equity. In some cases, for example, putting your home in a trust can open the door to increased health care options.

Honorably discharged veterans may have access to multiple benefits administered through the U.S. Department of Veterans Affairs, including health care, pensions, and veteran's assisted living benefits. However, navigating the application processes can be complicated. Elder law attorneys can help with this process and potentially guide the veteran in appealing any benefits denials.

A trust is a legal document often used in elder law to minimize estate taxes and to help people qualify for Medicaid. These documents may be part of an estate plan, and an elder law attorney can help you create this type of trust. 

In simple terms, a trust is an arrangement that allows a trustee to hold assets on behalf of a beneficiary or beneficiaries. Those assets still belong to the principal — the person granting the authority to someone to act on their behalf. However, the principal may not be able to access those assets, depending on the type of trust. 

Assets held in a trust may bypass probate or directly transfer to beneficiaries. This action can help streamline the legal processes following your death so that your beneficiaries receive them per your preference.

A living trust is a legally binding document, generally created by an elder law attorney, that distributes assets to the beneficiaries after the trust grantor dies. Using a lawyer to create a living trust gives you an iron-clad document that can't be breached and ensures that your wishes are respected. A living trust is often revocable, which allows you to change or terminate it during the creator's lifetime.

Most seniors use estate planning to leave a legacy behind for their partner, children, other loved ones, or charities. Our 2025 survey, however, suggested that only 24% of Americans have a will. Although creating a will may not be a priority for all individuals, every senior should consider doing so. Fortunately, an elder law attorney can help.

Depending on your income, assets, and liabilities, estate planning can be challenging and complex. It's also important to note that wills aren't necessarily a one-and-done proposition. As you age, you may have a changing financial situation. Perhaps someone named in your will passes away, or your wishes for your beneficiaries change. 

Experts recommend that you review your will every 3-5 years. Consulting your elder law attorney at this time can simplify this process and ensure that your property is allocated according to your wishes.

Elder abuse can be financial, physical, emotional, psychological, and/or sexual. It may result from neglect, anger, or aggression. Some estimates suggest that as many as one in five older adults experience abuse of some kind. 

If you or your loved one experiences or even suspects elder abuse, connect with an elder law attorney. They can help report the situation to the proper authorities and ensure the senior is removed from the dangerous situation. If the abuse results in a court case, your elder law attorney may be your primary advocate in court.

Elder law attorneys can also help when a senior requires guardianship, perhaps because of cognitive issues, or they cannot manage their life independently. Someone with Alzheimer's, for example, may need a guardian to help them negotiate health care options and finances. A lawyer can ensure this action occurs legally to protect the rights of all involved.

Studies reveal that a person turning 65 has an almost 70% chance of needing long-term care services at some point in their remaining years, with 20% likely to need these services for longer than five years. Long-term care may take many forms, such as assisted living or memory care. 

Planning for long-term care, especially for financial issues, can be easier with the help of an elder law attorney. They can guide seniors in choosing the right insurance options, creating a plan for future care, and assisting older adults in protecting their assets when faced with long-term care.

An elder law attorney may help you create a power of attorney (POA). This legal document allows a trusted individual to make financial or medical decisions for you or your loved one. Some consider power of attorney a type of advance health care directive, which refers to documents such as living wills, organ donation instructions, and POAs.

Lawyers can help create POAs and identify the correct types of documents for your situation. General power of attorney (GPOA) refers to documents that name someone to make important decisions for you or a loved one. The named party in a GPOA makes decisions on another person's behalf in an area determined by the person's wishes, often financial or health care decisions, and is only valid while the principal is mentally capable.

A durable power of attorney (DPOA) can come into play if the principal is incapacitated and cannot make decisions independently. Depending on the restrictions embedded in the document, it may apply solely to financial matters or aid in making medical decisions.

Your attorney might also recommend a springing power of attorney, which is similar to a DPOA but only becomes effective when specific conditions are met as outlined in the document. A limited power of attorney allows you or your loved one to limit the POA to only perform duties you agree to. This setup can help if you want someone to manage your finances while traveling.

Unfortunately, financial exploitation of seniors is on the rise. Reports to the FBI's Internet Crime Complaint Center rose by 14% in 2023, with tech support scams claiming nearly 18,000 victims. An elder law attorney can help identify senior exploitation, guide seniors in protecting their assets, and assist in reporting and fighting exploitation in court. They may also play a key role in recovering stolen assets.

How can you find an elder law attorney that best fits your situation? To some extent, you may choose your lawyer based on your gut instincts. Consider the following qualities when interviewing potential candidates:

 

• Elder Law Specialization: Any potential choices should be certified in elder law or have relevant experience.
• Proper Credentials: Candidates should be lawyers in good standing with their state's bar associations and qualified to practice in your region.
• Strong Communication Skills: Look for someone who can explain their strategy without legal jargon and answers your questions clearly.
• Compassion and Patience: Avoid lawyers who rush you or do not respect you or your loved one.
• Cost Transparency: Expect explanations for all fees upfront to avoid any potential surprises.
• Availability: Your lawyer should keep your project at the forefront and not leave you guessing for extended periods.
• Positive Reviews: Whether you look at online reviews or ask friends for recommendations, research can go a long way in finding the right candidate

It is important for any senior or their caregiver to know how to find a good elder law attorney. Fortunately, organizations can help you locate a certified elder law professional near you. Consider the following steps:

The National Academy of Elder Law Attorneys (NAELA) and the National Elder Law Foundation (NELF) can help you find the right lawyer for your needs. Both organizations are affiliated with the American Bar Association and offer databases that allow you to look for elder law attorneys in your region. 

NELF is the accrediting organization that certifies elder law attorneys, which requires the completion of a rigorous exam and other qualifications.

Your state or region's bar association website may have more information. Here, you are likely to find listings of local lawyers who have the appropriate experience and credentials to assist you.

Do you have family or friends who have worked with a lawyer? Asking for referrals may lead you to the right person for your needs. Although certified elder law attorneys have an excellent knowledge base for seniors, many lawyers who don't have NELF certification may be more than qualified to assist you.

Online reviews are another source of information, although you should know that a single review only highlights one person's experience and may not fully represent a lawyer's overall abilities. The Better Business Bureau is one organization that includes reviews, and independent sites with lawyer reviews include Avvo.com and Justia.com.

After you have a short list of potential lawyers, schedule consultations to ask them questions. Some lawyers offer free consultations. Prepare beforehand by writing a succinct summary of your situation.

When you meet with potential lawyers, arm yourself with questions to help you discern if they are a good choice. One way to know that an attorney has experience with elder law is to ask them if they have NELF certification. 

The certified elder law attorney (CELA) designation marks them as someone with extensive experience in this field. If they do not have the CELA designation, ask them about their previous work with seniors. 

Elder law is complex, and they may specialize solely in tax law for seniors or senior housing disputes. Look for someone with experience in the area for which you need legal help.

Ask about the fee structure in your initial consultation. Lawyers may receive a flat rate, hourly pay, or a contingency fee. Fixed fees often apply to routine matters, such as creating a simple will or a real estate closing. Some lawyers operate on retainers.

If they quote an hourly rate, ask how many hours they estimate your issue will take. More complex matters may require a retainer fee upfront. A contingency fee is sometimes used in accident cases, where the fee is contingent upon a court case that ends with a settlement in your favor.

Questions you ask an elder law attorney may be specific to your situation, but consider the following suggestions:

 

• How much experience do you have in elder law, and in what areas? A lawyer skilled in estate planning may not be the best fit if you have a Medicaid denial issue you are disputing, for example.
• What will the cost be, and how will I pay it? You don't want to encounter any payment surprises, so make sure you understand your lawyer's fee structure from the beginning.
• What materials do you need from me? There may be legal documents — an old will, mortgage papers, or a marriage certificate — that you must have on hand for your lawyer.
• Do I need a power of attorney? A POA can be helpful in many situations, and there are enough different types that it can be wise to consult a lawyer before creating these documents. They can help you determine if you need POA documents focused on your financial assets, medical needs, or both.
• How will you communicate with me? Will I work with you or others in your office? You don't want to be left hanging if your lawyer is busy. Ask about how they will communicate with you — via phone, email, or in-person meetings, for example — and if there will be others in the practice you can visit if you need help or want an update.
• How long will it take to manage my issue? A simple will may be settled in weeks. A complex court case, however, could last for years.
• What will you need me to do to manage my case effectively? If there are tasks you need to complete to help your lawyer with your issue, you should handle them quickly and effectively.
• What are the possible outcomes of my case, and what deliverables will you have for me at the end of it? It's important to know what you can expect your lawyer to provide at the end of your association with them.

Want to take these questions with you? Download the PDF.

So, what does an elder law attorney do? The answer is surprisingly complex and covers areas like helping seniors plan for long-term care and appealing denials of benefits. Though some elder law attorneys are certified, not all hold credentials — and finding the best option for your needs may come from asking friends and family members for recommendations. 

Take care in your search to find an elder law attorney. You should understand the scope of their services, their fee structure, and what role you need to play before you hire a lawyer.

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