Finding an elder law attorney — what they do and how to choose one

This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances.

You called the attorney your cousin recommended. The attorney said they did legal work, but their specialty was contract law. They'd never set up a power of attorney. They'd never dealt with Medicaid planning. They didn't know your state's specific requirements for healthcare directives. They suggested you find someone who specialized in elder law. You realized that not all attorneys are equipped to handle the legal issues that come with aging parents.

An elder law attorney is an attorney who specializes in the legal issues that affect older adults. They understand powers of attorney, healthcare directives, Medicaid planning, estate planning, guardianship, end-of-life planning. They understand your state's specific laws and requirements. They know the pitfalls and how to avoid them. Working with an elder law attorney who understands your parent's situation is infinitely better than working with a general attorney who doesn't specialize in elder law.

But finding a good elder law attorney can be challenging. There are a lot of attorneys who claim to do elder law work. Some are genuinely specialized. Some are general attorneys trying to pick up extra work. Understanding what elder law attorneys do and how to choose a good one helps you find someone who can actually help your parent.

Understanding the Basics

An elder law attorney is someone who specializes in the legal issues affecting older adults. This includes estate planning, like wills and trusts. It includes powers of attorney and healthcare directives. It includes Medicaid planning for long-term care. It includes guardianship and conservatorship when those become necessary. It includes end-of-life planning and advance directives. Some elder law attorneys also deal with elder abuse issues, financial exploitation, or other issues that affect older adults.

Elder law attorneys understand the specific issues that affect aging. They understand cognitive decline and capacity issues. They understand how aging affects estate planning. They understand long-term care options and how to plan for them. They understand how Medicaid works for long-term care and how to plan to qualify for it. They understand these issues in depth.

Elder law attorneys also understand your state's specific laws. Every state has different requirements for powers of attorney, healthcare directives, wills. An elder law attorney in your state knows what your state requires. They know what forms work in your state. They know the pitfalls specific to your state. A general attorney working in a different state's requirements might inadvertently create documents that don't comply with your state's law.

Becoming a certified elder law attorney requires additional training and certification. To be certified as an elder law specialist, an attorney has to have significant experience in elder law, pass a certification exam, and maintain their certification through continuing education. Not all elder law attorneys are certified, but certified attorneys have proven expertise.

What to Look For

Start with credentials. Look for attorneys who are certified as elder law specialists or who have specific elder law experience. Attorneys who specialize in elder law are better than general practitioners who occasionally do elder law work.

Look for experience. How long has the attorney been doing elder law work? A few years is minimum, but attorneys with ten or more years of elder law experience probably have deeper expertise. Ask what percentage of the attorney's practice is elder law. If elder law is their main focus, that's better than if it's a side practice.

Look for someone who understands your parent's specific situation. If your parent needs Medicaid planning because of long-term care concerns, you need an attorney who understands Medicaid and long-term care planning. If your parent needs estate planning, you need someone with estate planning expertise. Some elder law attorneys focus on certain areas. Find someone whose focus matches your parent's needs.

Look for someone who will take time to understand your parent's situation. A good attorney will ask questions. They'll want to understand your parent's assets, your parent's family situation, your parent's values and wishes. They won't rush through the process. A consultation that leaves you feeling you weren't really understood is a red flag.

Look for someone who explains things clearly. The attorney should explain what options exist. They should explain the differences between various legal documents. They should explain their recommendation and why. If an attorney explains things in a way that makes sense to you, that's a good sign.

Look for transparent pricing. A good attorney will explain how they charge. Some charge hourly rates. Some charge flat fees for certain documents. Some charge both. Understand the fee structure before you commit. Get a fee agreement in writing.

Look for someone who's part of your community. A local attorney understands your state's laws and requirements. A local attorney might know providers and resources relevant to your parent's situation. A local attorney is accessible if issues come up.

Avoid attorneys who pressure you into decisions. A good attorney will explain options and let you decide. An attorney who pushes you toward expensive solutions that might not be necessary is not acting in your best interest.

Red Flags

Avoid attorneys who specialize in general legal work and claim to do elder law as a side business. You want someone whose main focus is elder law.

Avoid attorneys who charge extremely high fees without good explanation. Elder law documents are important but are typically not extremely expensive. If an attorney quotes much higher fees than others you've talked to, understand why.

Avoid attorneys who pressure you to set up expensive trusts you might not need. Trusts are valuable for some families and not necessary for others. An attorney who recommends a trust for everyone is probably not giving unbiased advice.

Avoid attorneys who don't ask questions about your situation. A good attorney will want to understand your parent's specific situation before recommending solutions. An attorney who gives quick answers without understanding your situation might not be giving good advice.

Avoid attorneys who are not licensed in your state. Make sure the attorney is properly licensed. You can verify this through your state bar association.

Avoid any attorney who suggests anything unethical. If an attorney suggests doing anything illegal or unethical to avoid probate or to hide assets, that's a major red flag.

Taking Next Steps

Start by asking for referrals. Your parent's physician might know elder law attorneys. Friends and family might have recommendations. Your local Area Agency on Aging might have referrals. Your state bar association should have a referral service.

Call several attorneys. Many offer free initial consultations. Use that consultation to assess whether the attorney seems knowledgeable and whether they understand your parent's situation.

Ask about credentials. Is the attorney certified as an elder law specialist? How long have they been practicing elder law? What percentage of their practice is elder law?

Ask about the attorney's specific experience with your parent's situation. If your parent needs Medicaid planning, ask whether the attorney has experience with that. If your parent needs a trust, ask whether they've set up trusts. You want an attorney with specific experience relevant to your parent's needs.

Ask about fees. Get a clear explanation of how the attorney charges and what the cost will be. Get a fee agreement in writing.

Meet with at least two attorneys before deciding. Comparing different attorneys helps you understand what's reasonable and helps you find someone you're comfortable working with.

Once you select an attorney, be clear about what you need. Tell the attorney what decisions your parent needs to make. Tell the attorney about your parent's situation. Give the attorney the information they need to give good advice.

Work collaboratively with the attorney. The attorney is the legal expert, but you know your parent's situation. Working together, you'll create a plan that works for your family.

This is one of those areas where investing time to find the right professional pays off. A good elder law attorney can help your parent plan effectively and can prevent problems that would be much more expensive to handle later. Finding someone with expertise in elder law, experience with your parent's specific situation, and good communication skills is worth the effort.

How To Help Your Elders is an educational resource. We do not provide medical, legal, or financial advice. The information in this article is general in nature and may not apply to your specific situation. If you are concerned about a loved one's cognitive health or safety, consult with their healthcare provider or contact your local Area Agency on Aging for guidance and support.