Elder Law has been recognized and practiced as a distinct area of law for more than ten years. However, the scope and significance of the many issues it touches and its application to every day life in addition to the implications upon the estate planning process is still not understood by most people or many legal practioners.

The American Bar Association recognizes the National Elder Law Foundation’s certification of attorneys who have attained the requisite knowledge and experience to be Elder Law specialists. To become a Certified Elder Law Attorney (CELA) an attorney must be in good standing with their State Bar Association, must pass a rigorous written examination covering more than 25 areas of law, be recommended by their peers and demonstrate significant prior experience in successfully handling a number of Elder Law sub-specialty issues.

An Elder Law attorney brings more than just legal training to the client’s matter. They have an understanding, respect and empathy for the physical and mental challenges as well as the many opportunities that come with aging. They are experienced at assisting those who are caring for senior family members. They know how to advocate for seniors to make sure they receive proper care, services and enforce resident’s rights when needed. They are accustomed to working with the various Courts, governmental agencies, social workers, health care and financial professionals, care providers and others to coordinate these providers efforts to meet the client’s needs and desires.

There are many legal issues and decisions to be made regarding senior living. To reach meaningful conclusions, numerous factors must be considered including but not limited to: the specific aging conditions; concerns about autonomy, independence and quality of life; prior estate, finance and tax planning; accessibility to financial resources; tax and other consequences that result from protecting your assets; and available care/living options. Failure to consider and integrate all these factors will result in an outcome that will be very different from what you had expected or intended.

An Elder Law attorney can provide assistance in these (and other) areas:

• Estate planning for all family generations through use of Wills, Trusts and other documents
• Preservation of assets to avoid spousal impoverishment
• Planning for disabled family members
• Medicaid (Title 19) applications and appeals
• Medicare claims and appeals
• Nursing home issues: admissions, transfers, discharge, resident's rights, quality of care, abuse
• Elder abuse and fraud recovery
• Personal injury including neglect and negligence, malpractice, substandard care litigation
• Conservator and other Court appointments
• Real estate transactions, reverse annuity mortgages and financing options
• Social security disability claims and appeals
• Retirement issues: public and private retirement plans, distribution planning, survivor benefits and pension benefits
• Housing and living arrangements including : Continuing care communities, assisted living, retirement communities, life care facilities, nursing homes, rest homes, congregate housing
• Long term care planning and health insurance issues
• Probate and Estate administration

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