As we get older, life often brings changes that affect our health, finances, family dynamics, and future plans. While many people have heard of “estate planning” or “long-term care,” fewer understand what an elder law attorney is and how having one in your corner can make a difference in your peace of mind and financial security as you age.

Understanding the role of an elder law attorney

At its core, elder law is a specialized field of legal practice focused on the needs of older adults and adults with disabilities (sometimes called special needs law). An elder law attorney helps individuals and their loved ones navigate important legal issues related to aging, from planning for healthcare and long-term care costs to protecting benefits, preparing essential legal documents, and safeguarding rights and assets.

While all lawyers are trained to understand and apply the law, an elder law attorney (also referred to as an elder care attorney) focuses specifically on legal matters that arise with aging — issues many general law practitioners do not encounter regularly or in depth. Elder law attorneys thus combine legal knowledge with an understanding of how aging affects people’s lives and priorities.

According to the American Bar Association-accredited National Elder Law Foundation (NELF), some of the core responsibilities of an elder law attorney include:

Estate planning and advance directives

Elder law attorneys help clients create documents that legally express their wishes about money, healthcare, and end-of-life decisions. This includes wills, trusts, powers of attorney, and healthcare directives. These legal documents ensure a person’s voice is heard and their affairs are managed according to their wishes, even if they become unable to speak for themselves.

           >> Related: Do You Need to Update Your Estate Planning Documents?

Long-term care and Medicaid planning

Many older adults worry about the high cost of long-term care, whether it be in an assisted living community, nursing home, or in-home care. Elder law attorneys help families understand Medicaid eligibility rules, which can be complex and vary by state. They also can potentially develop strategies to protect a person’s assets while still qualifying for benefits (though some would argue there are ethical questions about such tactics).

           >> Related: A Little-Known Detail about Medicaid Qualification and Paying for Long-Term Care

Social Security, pensions, and retirement benefits

An elder law attorney can advise clients and their loved ones on retirement income planning, including Social Security and pension benefits, helping older adults make financially strategic choices about when and how to receive payouts.

Guardianship and decision-making arrangements

If someone can no longer make decisions for themselves due to illness, dementia, or injury, an elder law attorney can help loved ones navigate guardianship and conservatorship proceedings or, ideally, help put legal arrangements in place proactively, before they are needed.

Elder abuse prevention and advocacy

According to data from the National Institute of Justice, about 1 in 10 older adults (age 60 or older) experience some form of elder abuse each year in the United States, which translates to more than 7 million older Americans being victimized annually by physical, psychological, financial, or other types of abuse. Elder law attorneys often serve as advocates for clients in these situations and can help seek legal remedies to protect a person’s dignity and rights.

           >> Related: How to Spot and Stop Elder Fraud

How elder law attorneys differ from other lawyers

It is important to understand that an elder law attorney is not simply a general estate planner or a lawyer who occasionally drafts wills or contracts. Elder law attorneys focus specifically on the legal issues that arise as people age, working at the intersection of aging, health, finances, and the law.

For example, while many attorneys prepare basic estate planning documents, elder law attorneys stay current on specific areas of law that relate to aging, which are often complex, highly regulated, and frequently changing. This includes long-term care planning, guardianships, and disability planning.

Another key distinction is an elder law attorney’s deep expertise in public benefits and government programs. For instance, Medicaid has strict eligibility requirements, detailed financial rules, and penalties that can significantly affect access to long-term care services. Elder law attorneys understand these nuances and can help clients structure their finances and legal plans in ways that protect eligibility while preserving assets for spouses or loved ones.

Additionally, elder law attorneys often take a more holistic approach to planning than many traditional estate planning attorneys. While estate planning often concentrates on what happens after a person passes away, elder law planning focuses heavily on what happens during a person’s lifetime, particularly in the event of illness, incapacity, or the need for long-term care.

           >> Related: Seniors Should Build a Standout Team of Professional Services Providers

Specialized help with senior living and care planning decisions

Decisions about senior living and long-term care are often among the most complex and emotionally charged choices older adults and families face. Whether considering aging in place, assisted living, memory care, or nursing home care, elder law attorneys can help older adults and their loved ones understand the options and the legal and financial implications of each choice.

Such guidance goes beyond choosing a retirement community or long-term care facility, however. By addressing key issues proactively, elder law attorneys help families make informed decisions before a crisis occurs, rather than under pressure, when options may be limited and emotions are running high. A few examples:

Care planning documents

Elder law attorneys help ensure that legal documents support an older adult’s individual care planning decisions. Powers of attorney, healthcare directives, and living wills allow a person to choose a trusted individual to make decisions if they become unable to do so on their own. Without these documents, loved ones may face court involvement (which can be costly) or delays at critical moments.

Guidance on paying for senior living and care

The cost of senior living and long-term care can be substantial, and many families are unsure how to pay for care over time. An elder law attorney can explain how Medicare, Medicaid, long-term care insurance, and private pay resources interact.

They also may be able to help structure a plan that preserves certain assets while ensuring access to appropriate care. This includes advising on Medicaid eligibility rules, spousal protections, and strategies to avoid unnecessary spend-downs or penalties that could delay access to benefits.

Senior living and care contract review

Choosing a senior living community is not just about finding the right care, amenities, or location; oftentimes, it’s also a substantial financial commitment, particularly in the case of many continuing care retirement communities (CCRCs, also called life plan communities).

Elder law attorneys therefore play an important role when it comes to reviewing senior living community contracts, admission agreements, and residents’ rights, helping older adults or their families understand their legal obligations and protections before signing.

           >> Related: A Primer on CCRC Residency Contracts

A real-world example

So why should older adults or their adult children consider an elder law attorney versus a “traditional” lawyer? Consider this scenario:

An adult daughter notices that her mother, who has been living independently, is beginning to struggle with memory loss and medication management. Unsure whether assisted living or memory care is the right next step, and concerned about affordability, the family consults an elder law attorney.

The attorney helps them compare various care options, reviews the mother’s financial situation, explains how Medicaid may help cover some of her future care costs, and updates her powers of attorney and healthcare directives.

With a clear plan in place, the family is able to transition the mother into appropriate care without crisis, conflict, or unnecessary financial strain.

           >> Related: Support for Aging Parents: A Proactive Guide for Adult Children

Finding the right elder law attorney for your needs

By integrating legal planning with care decisions, elder law attorneys help older adults maintain dignity, autonomy, and stability throughout the aging process. Selecting an elder law attorney you trust should thus be one of the key steps in your senior living and care planning process.

Organizations such as the National Academy of Elder Law Attorneys (NAELA) and the National Elder Law Foundation (NELF) maintain directories of qualified elder law attorneys, including those with the American Bar Association’s Certified Elder Law Attorney (CELA) credentials, a respected designation that reflects specialized training and experience.

Whether planning ahead or responding to a new challenge, working with an experienced elder law attorney can bring clarity, protection, and peace of mind to the realities of aging.

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