Navigating the legal complexities of aging, from estate planning to Medicaid eligibility, can feel overwhelming for families. An elder law attorney specializes in these critical issues, protecting your loved one’s rights, finances, and care wishes. But how do you find the right one?
This article breaks down five essential tips for choosing an attorney who truly understands senior needs, communicates clearly, and prioritizes your family’s best interests.
Whether planning or facing an urgent crisis, these insights will help you confidently secure expert guidance, because peace of mind starts with the right legal advocate.
⚖️ 3 Signs You Need an Elder Law Attorney Now
- ✔ A diagnosis has been made: If dementia or a chronic illness is involved, you need to secure legal authority while your loved one can still sign documents.
- ✔ Assets are at risk: You’re worried that nursing home costs will completely drain a life's savings or force the sale of a home.
- ✔ Family conflict: Siblings disagree on care plans or financial management, and you need a neutral legal framework.
What Does an Elder Law Attorney Do?
Think of an elder law attorney as a specialized navigator for the final third of life. While a general attorney might handle a house closing or a basic will, an elder law specialist understands the complex intersection of healthcare, aging, and state-specific regulations.
They don't just draft documents; they build a protective shield around a senior's independence and a family's financial legacy.
The elder law attorney focuses on specific needs for aging adults, including:
- Asset Protection: Medicaid planning, protecting the family home, and long-term care financing.
- Decision Support: Drafting Power of Attorney and Advance Directives so you can make decisions when you can't.
- Crisis Management: Navigating urgent nursing home placements or elder abuse situations.
Elder Law Attorneys Help Seniors and Their Families
Having the essential legal documents in place gives you the legal rights to provide the best care for your older adult, now and at the end of life.
That’s why finding an expert lawyer you trust is essential to draw up the proper documents.
We explain what elder law attorneys do and how they help seniors and caregivers.
We also share two ways to find an elder law attorney in your area and five smart tips for hiring a reputable and experienced attorney.
How Do Elder Law Attorneys Help Seniors and Caregivers?
They Plan for the Future and Protect Assets
An elder law attorney has the expertise to make recommendations on planning for future care needs.
They often answer questions like:
- How can I qualify for Medicaid so I can pay for nursing home care?
- How do I protect Mom’s house and assets while still affording the care she needs?
- How do I ensure my wife will have money left after all my care expenses are paid?
- What should I do if I need to become the dad’s guardian or conservator?
- After I pass away, will Medicaid try to get money from my estate for the medical bills they paid, and cause problems for my spouse or kids?
These are complicated questions, and each person's answers will differ.
A reputable elder law attorney helps protect an aging adult's legal and financial situation and enables you to determine how to pay for their care.
The fees are well worth it if they can save your family thousands of dollars and avoid future legal headaches.
They Ensure Legal Documents are Legitimate for your State
Each state's laws are different (and particular), so the documents must be prepared correctly.
This is especially true for documents such as a Power of Attorney, a living will (aka an advance directive), and a will.
A local elder law attorney can ensure that your loved one has completed all the critical legal documents and that they comply with state and local laws.
How to Find an Elder Law Attorney
Get a Referral From Someone You Know if Possible
A referral from family or friends is a great way to find a lawyer.
If they have a lawyer they’re happy with and would work with again, that’s a good sign.
It’s best to get a referral from someone with similar legal needs. But even if you need an elder care lawyer and your cousin worked with an excellent civil attorney, that referral is still valid.
Also, good lawyers typically know other good lawyers and will probably be able to refer you to a respected colleague.
Similarly, financial advisors, accountants, and fiduciaries (professionals legally appointed to manage money) often work with elder law attorneys.
If you know and trust one of these professionals, ask them for a referral.
Check the National Academy of Elder Law Attorneys
The National Academy of Elder Law Attorneys (NAELA) is a professional organization for attorneys who specialize in elder law and special needs planning.
Their website includes an “attorney finder” to help you find an elder law attorney.
VIDEO: Tips on Hiring an Elder Law Attorney
In the video below, we dive deeper into the specific qualities you should look for in a legal partner. From understanding specialized certifications to knowing which questions to ask during your first meeting, these visual tips will help you narrow down your search for the perfect elder law attorney.
5 Smart Tips for Hiring an Elder Law Attorney
After getting referrals, you’ll still need to choose an attorney.
Please don't decide to hire a lawyer until you've met them, discussed your older adult’s needs, and checked their credentials.
1. Meet for an Initial Consultation with an Elder Law Attorney
At times, these in-person meetings can be provided at no charge; however, be sure to ask ahead of time so you understand the expectations for the initial consultation.
If you summarize your needs in advance, many lawyers will be willing to meet for 15 to 30 minutes at no charge. If there is a consultation fee, find out how much it will be in advance.
It is helpful to view an elder law attorney as an investment rather than a simple expense. While a specialized consultation might cost $500, the strategies provided, such as Medicaid asset protection, can potentially save your family $100,000 or more in nursing home costs.
Pro-Tip: Ask if the consultation fee can be applied toward your total bill if you choose to hire them.
If you can, meet with a few lawyers and present the same situation to each of them. Then, you can compare their responses.
That helps you confirm that the overall approach is legitimate and prompts you to ask questions about any differences in advice.
2. Find Out How Much Experience They’ve Had with Issues Similar to Yours
It's a good idea to look for a lawyer with experience handling cases similar to your loved one's. Experience comes with years in practice, and the number of situations they’ve dealt with likely corresponds with their experience in the field.
For example, if they need a Power of Attorney, long-term care planning, or estate planning, ask prospective attorneys to describe their experience relative to those matters.
3. Evaluate their Professionalism and Responsiveness
Working with someone professional and responsive is essential.
After speaking with a lawyer, ask yourself:
- Are they polite and professional?
- Do they return calls or emails promptly?
- Do they take time to explain things so you have a good understanding?
- Do they follow through with things they’ve said they’ll do?
4. Take Plenty of Notes
Take notes during and after each meeting to help you remember what each lawyer said and how you felt about them.
Later, review your notes to help you make the final decision.
5. Check their Credentials
Before hiring any lawyer, check the State Bar Association website for your state.
Look up the attorney’s name or Bar number to ensure they’re actively licensed to practice law in your state. This will also show if they’ve ever been publicly disciplined.
Find a Credentialed Elder Law Attorney In Your State
Use our tool below to find a certified elder law attorney in your state.
Please note: Medicaid laws vary significantly from state to state (especially regarding ‘look-back periods'). Ensure the attorney you find is licensed in the state where your loved one currently resides or plans to receive care.
Find an Elder Law Attorney in Your State
Legal rules for Medicaid and estates vary wildly by state. Use these trusted resources to find a local specialist.
NAELA members must meet specific experience and education requirements in elder law.
Open National Directory Search →Final Thoughts
Taking the step to find the right elder law attorney is one of the most potent and proactive things you can do to protect your family's future. While the search may seem daunting, the security of having a trusted expert by your side is invaluable.
With this guide, you're now equipped to find a professional who will not only handle complex legal matters but also provide the compassion and clarity you deserve during this necessary planning process.
Don't face these critical decisions alone; your peace of mind is worth the investment.
Disclaimer: This content is for informational purposes only and is not intended as professional legal, financial, or healthcare advice. Always seek the advice of a qualified healthcare provider, attorney, or financial advisor with any questions you may have regarding a specific medical condition, legal issue, or financial plan.
Recommended for you:
- 7 Sources of Free Legal Services for Seniors
- Caregiving Legal Basics: Essential Documents and Tasks
- 5 Important Legal Documents for Caregivers
About the Author
Chris is a seasoned healthcare executive and entrepreneur from the Pacific Northwest. He strongly advocates for older adults and the caregivers who serve them. Chris has personal experience caring for his father, who had dementia. Chris is a technology enthusiast and an avid outdoorsman; if he's not in his office, he can usually be found on a golf course or fly-fishing out west somewhere.
I need to speak with someone regarding guardianship of my mom, and an issue I am having regarding my mom’s house. Please contact me in reference to this so that I can know how to proceed. It is mandatory that I do something asap. Your assistance in this matter would be greatly appreciated. Thank you.
We’re not qualified to provide legal advice so it would be best to contact a lawyer in your area. In the article above, we suggest 2 ways to find a lawyer in your area: getting a referral or using the NAELA website.
We’ve got additional suggestions for legal help that might be useful – 7 Sources of Free Legal Services for Seniors https://dailycaring.com/7-sources-of-home-repair-assistance-for-seniors/
I AM CARING FOR MY SENIOR MOTHER,SHE HAS dementia OR OLDTIMER.SHE VERY DIFFICULT TO DEAL WITH, IM TRYING TO KEEP HER SAFE, SHE IS NOT HEARING ME. SHWE WANTS TO LIVE BY HERSELF IN WHICH CANT. WE CAN I DO ? SHE DO NOT WANT A CARE TAKER EITHER.
Someone who has dementia is cognitively impaired and, as the disease progresses, will no longer be able to make decisions using good judgement. If she’s no longer able to care for herself, you may need to help her by making the decision to hire help for her or move her to a memory care community.
Hi I’m 71 years old and I want to give my house to my son can you tell me what kind of lawyer I should look for
You may want to speak with a few attorneys to find one who has experience with this type of issue.
I’m a 69 year old who needs to take of business for myself. I’m getting a free consultation from a elder attorney who says the fees are one price for all.
The thing is that after reading a lot, I would like to stay away from attorneys are night at possible. I wonder if there are resources to get help with planning who are NOT attorneys. It seems like a ultra expesive choice that might cause an extra burden.
Since you weren’t comfortable with that attorney, you might want to consult with a few others before deciding on one that you want to work with. It’s likely that different lawyers will have different fee policies.
Or, if you’re only looking for help with finances, you could seek out a licensed fiduciary or financial planner.
We’ve got additional suggestions for legal help that might be helpful – 7 Sources of Free Legal Services for Seniors https://dailycaring.com/7-sources-of-home-repair-assistance-for-seniors/
Unfortunately, we’re not qualified to provide advice on whether or not you’d need an attorney for your situation.
I would like to know how I go about getting a will done
We’d suggest speaking with an attorney to learn more about what’s needed for a will that’s valid in your state. In the article above, we suggest 2 ways to find a lawyer in your area: getting a referral or using the NAELA website.
Hello, I would also recommend looking for an attorney who is certified as an elder law attorney (CELA) by the National Elder Law Foundation, a non-profit organization accredited by the American Bar Association.
Excellent suggestion! We’ve updated the article to include this information.
It’s a good idea to look through referrals first. It’s nice to work with a lawyer that you know has done good work for someone else. It’s also a good idea to look at several different lawyers before making a decision. That way you can pick someone that works well for your individual situation.
I have a senior friend who was ripped off by attorneys managing her trust fund. She is in a long, involved court case. I asked a city prosecutor how to find someone good to handle her case and she replied, “Make sure to find an attorney who knows the local legal system well.”
Other suggestions?
Hi Lil, thanks so much for your comment. What happened to your friend is terrible! We’re not legal experts, but it sounds like the city prosecutor gave you good advice. Perhaps you could ask for a few referrals too? At this point, your friend’s situation involves a court battle so someone who is an excellent lawyer AND knows how to work within the local system seems like they would be most helpful. It’s also very important to make sure that a new lawyer will be reputable and ethical, else the situation could get worse. We wish your friend the best of luck. It’s terrible that there are such greedy, unethical people out there.