What Does an Elder Law Attorney Do?

Forbes’ recent article entitled “Hiring an Elder Law Attorney” tells us that elder law attorneys are lawyers who assist the elderly, their family members and caregivers with legal questions and planning related to aging.

The types of issues with which an experienced elder law attorney can help are numerous. They may include some or all of the following:

• Medicare, Social Security, and disability claims and appeals
• Supplemental insurance and long-term health insurance claims and appeals
• Long-term care planning
• Medicaid planning, including the preservation and transfer of assets
• Accessing health care in a nursing home or other managed care environment and long-term care placements
• Medicare enrollment
• Estate and disability planning, including wills, living wills, powers of attorney for financial and health needs and trusts
• Veterans’ benefits
• Probate and estate administration
• Conservatorships and guardianships, in the event that you become physically or mentally incapacitated
• Housing discrimination and home equity conversions (reverse mortgages)
• Health and mental health law questions; and
• Elder abuse and fraud recovery issues.

You can hire an estate planning or trust attorney to handle some of these legal matters. However, if those attorneys don’t offer elder services, they will likely be more transactional rather than ongoing.

An estate planning attorney will prepare the necessary documents and once they’re executed, the engagement ends. Check to see if they practice the areas covered in elder law, if you are looking for an attorney that handles all of these areas.

Reference: Forbes (Oct. 4, 2021) “Hiring an Elder Law Attorney”