An elder law attorney is a lawyer who focuses on the legal needs of older adults and their families. They help with long-term care and Medicaid planning, wills and trusts, powers of attorney, guardianship, and protection from elder abuse. Unlike a general estate planning lawyer, an elder lawyer also plans for the cost of nursing homes and in-home care. This guide explains what these lawyers do, when you need one, what it costs, and how to find a qualified lawyer in your state.
Elder law attorney: quick facts
| Topic | Details |
|---|---|
| Main focus | Legal and financial planning for older adults and people with disabilities |
| Common services | Medicaid planning, estate planning, powers of attorney, guardianship, elder abuse cases |
| Certification | Certified Elder Law Attorney (CELA) through the National Elder Law Foundation |
| Typical pricing | Hourly rates or flat fees; many offer a first consultation |
| Free help | Older Americans Act legal services for people 60 and older, found through the Eldercare Locator |
| Key Medicaid rule | A 60-month look-back period for asset transfers |
What does an elder law attorney do?
In short, elder law covers several areas of law that matter most as people age. For example, these lawyers can help with:
- Long-term care and Medicaid planning: Planning how to pay for nursing home or in-home care and qualifying for Medicaid without losing everything.
- Estate planning: Wills, trusts and plans to pass on property.
- Powers of attorney and health care directives: Choosing who will manage money and medical decisions. See our guide to durable powers of attorney.
- Guardianship and conservatorship: Court cases when a person can no longer manage their own affairs.
- Public benefits: Social Security, Medicare, Medicaid and veterans benefits.
- Elder abuse and exploitation: Stopping financial abuse and protecting nursing home residents’ rights.
When do you need an elder law attorney?
You do not need one for every legal task. However, it often makes sense to hire one if:
- A parent or spouse may need nursing home care in the next few years
- You want to protect savings or a home while qualifying for Medicaid
- A loved one is showing signs of dementia and has no power of attorney
- You suspect a relative or caregiver is taking money from an older person
- You need to apply for guardianship of a parent
- A family member with a disability depends on public benefits
As a rule, planning early gives you more options. In particular, Medicaid looks back 60 months at asset transfers, so last-minute gifts can delay eligibility.
How much does an elder law attorney cost?
First, prices vary widely by state and by the type of work. Many of these lawyers charge a flat fee for defined tasks, such as a set of estate planning documents or a Medicaid application. Others bill by the hour for guardianship cases or disputes. In addition, many offer a first consultation at low or no cost.
Before you hire a lawyer, ask for a written fee agreement. It should state what is included, what costs extra, and whether court fees and filing costs are separate.
How to find a qualified elder lawyer
- Look for certification. The National Elder Law Foundation certifies lawyers as Certified Elder Law Attorneys (CELA). Certification requires years of elder law practice, peer references and a written exam.
- Check your state bar. Confirm the lawyer is licensed and in good standing. Some states, such as Florida, also offer their own board certification in elder law.
- Use professional directories. The National Academy of Elder Law Attorneys (NAELA) lists member attorneys by location.
- Get free help if you qualify. People 60 and older can often get free legal help through Older Americans Act programs. Call the Eldercare Locator at 1-800-677-1116 to find local services.
- Ask the right questions. Ask how much of their practice is elder law, how they charge, and who will handle your case.
State differences to know
Above all, elder law depends heavily on state rules. Medicaid is a joint federal and state program, so income limits, home equity limits and covered services vary from state to state. As a result, a plan that works in one state may not work in another.
Similarly, guardianship laws, power of attorney forms and estate recovery rules are set by each state. Therefore, choose a lawyer licensed in the state where the older person lives or will receive care.
Conclusion: should you hire an elder law attorney?
Overall, an elder lawyer helps older adults and their families plan for long-term care, protect assets, set up powers of attorney, and handle guardianship or elder abuse cases. Hiring one is most valuable when nursing home care, Medicaid eligibility or a loved one’s declining capacity is on the horizon.
Look for a CELA-certified lawyer or an experienced local lawyer, get a written fee agreement, and use free senior legal services if you qualify. More plain-English guides are in our Legal Guides section, including our comparison of a power of attorney vs. durable power of attorney.
Frequently asked questions
What does an elder law attorney do?
They handle legal issues for older adults, including Medicaid and long-term care planning, estate planning, powers of attorney, guardianship and elder abuse cases.
Is an elder lawyer the same as an estate planning attorney?
Not exactly. Both prepare wills and trusts, but an elder lawyer also plans for long-term care costs, Medicaid eligibility and incapacity.
How much do elder lawyers charge?
It varies by state and task. Many charge flat fees for documents or Medicaid plans and hourly rates for court cases.
What is a Certified Elder Law Attorney?
A lawyer certified by the National Elder Law Foundation after meeting experience requirements and passing an exam.
Can seniors get free legal help?
Often, yes. People 60 and older may qualify for free legal services through Older Americans Act programs, found through the Eldercare Locator at 1-800-677-1116.
Sources
- National Elder Law Foundation: Certified Elder Law Attorney program
- Eldercare Locator, U.S. Administration for Community Living
- National Academy of Elder Law Attorneys: about elder law
- 42 U.S.C. § 1396p(c): Medicaid transfer-of-assets look-back
- Medicaid.gov: eligibility and long-term services and supports