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Learn About Elder Law Attorneys

Elder Law Attorneys specialize in assisting older adults and their families with legal issues, such as estate, financial, and tax planning, the preparation of medical directives, insurance and nursing home contracts, and eligibility requirements for programs such as Medicare, Medi-Cal, and SSI disability.

What is an Elder Law Attorney?
An Elder Law Attorney specializes in issues affecting older adults or provides elder law services as one type of law he/she practices. The National Elder Law Foundation created a certification program to identify those lawyers who have the enhanced knowledge, skills, experience, and proficiency to be certified Elder Law Attorneys.

What services do Elder Law Attorneys provide?
Elder Law Attorneys counsel and represent older adults about the legal aspects of health and long-term planning, public benefits, surrogate decision making, legal capacity, conservation, estate planning, and age discrimination. The Center for Elder Rights Advocacy, supported by a grant from the Administration on Aging, offers a database of legal hotlines. On their website, you can look up information on senior legal hotlines in your state. Area Agencies on Aging can help find legal aid for older adults who want to know more about their public benefits; who have been denied a benefit that they think they're entitled to receive; whose benefits have been reduced or stopped; or who have legal issues involving elder rights, consumer scams, or housing.

What should I look for in an Elder Law Attorney?
As in selecting any other professional, it is always a good idea to ask a trusted friend or a professional in a related field for a referral to an Elder Law Attorney. Before you meet or call an attorney, you may wish to print out copies of GetCare's Elder Law Attorney Checklist, which provides detailed questions to help you to evaluate and compare attorneys. The National Academy of Elder Law Attorneys maintains a membership directory to help consumers locate Elder Law Attorneys.

How do I pay for an Elder Law Attorney?
Elder Law Attorneys' rates vary widely. Fees can be on an hourly basis, or there can be a flat fee for a specific service. Before meeting with an attorney, ask to see a fee schedule. Low-income elderly or disabled persons may qualify for free legal assistance.