Legal Services

What is an elder law attorney?

Elder law attorneys specialize in legal matters that affect older adults. Most focus on specific practice areas rather than all aspects of elder law, so it's worth asking upfront which issues they handle. Common areas include estate planning, Medicaid planning, guardianship, and protection against elder abuse.

What issues does elder law cover?

Elder law encompasses a broad range of legal matters, including:

• Asset preservation and transfer to prevent spousal impoverishment
• Medicaid and Medicare claims and appeals
• Disability planning documents
• Estate planning, wills, and trust management
• Social Security and disability appeals
• Long-term care insurance disputes
• Guardianships and conservatorships
• Probate proceedings
• Elder abuse and financial exploitation recovery
• Housing discrimination cases
• Age discrimination in employment
• Retirement benefits and pension matters

Estate planning

Estate planning gives you control over how your property and assets are distributed — both during your lifetime and after. Key documents include a durable power of attorney, a Last Will and Testament, and potentially a living trust to protect younger beneficiaries and simplify the transfer of assets.

Medical directives

A medical directive — such as a health care proxy or living will — designates someone to make healthcare decisions on your behalf if you become unable to do so. Having these documents in place removes ambiguity and ensures your wishes are followed.

Wills and trusts

A will directs how your property is distributed at death and must go through probate. A trust transfers assets directly to beneficiaries, bypassing probate entirely. Revocable (living) trusts can be modified at any time; irrevocable trusts cannot be changed once established but may offer additional asset protection benefits.

Guardianship and conservatorship

When an adult is no longer able to manage their own affairs, a court may appoint a guardian to make legal, financial, and healthcare decisions on their behalf. This process is called guardianship (for personal decisions) or conservatorship (for financial decisions), and it can apply to both seniors and adults with disabilities.

Questions to ask an elder law attorney

During an initial consultation, consider asking:

• What is your approach to resolving this type of matter?
• Are there alternative strategies I should consider?
• How much experience do you have with cases like mine?
• Are you a member of a relevant bar association or elder law organization?
• Have you handled cases that went to trial?
• How do you structure your fees?

How attorneys charge for their services

Elder law attorneys typically charge by the hour, a flat fee for specific services (like drafting a will), or a combination of both. Most require a retainer before beginning work, and out-of-pocket expenses such as court filing fees are billed separately. Ask for a written fee agreement before engaging any attorney.