Caring for an aging parent, spouse, or loved one may come with a variety of planning challenges including health care, finances, housing, and long-term care. However, elder law attorneys can help you create a plan to help ensure your loved one’s care is secure for the future. They can help your family locate care resources, determine eligibility, and navigate applications. They can also provide assistance setting up financial protections and offer advice that can help your family establish legal decision makers for your loved one should they become unable care for themselves.
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An elder law attorney can help family caregivers explore options for their loved one’s current situation and explain how to plan for what could happen down the road, especially if a debilitating illness necessitates long-term care.
Specific ways an elder law attorney can help your family include the following:
Families are frequently split on the type of care they want for their parents, says Patrick Simasko, a Certified Elder Law Attorney (CELA) in Mount Clemens, Michigan. Unlike family members who have an emotional connection to their loved one, an elder law attorney can offer an unbiased opinion to develop an objective long-term plan.
“Every parent wants to stay in the home, but sometimes that’s not the best advice. First and foremost, the attorney must recommend strategies that ensure the aging loved one is protected,” Simasko explains.
Elder law attorneys focus on issues that families face as parents or spouses age, says Anthony J. Enea, a CELA in White Plains, New York.
“An elder law attorney goes over what kind of care is required and whether the person is able to stay at home or needs long-term care,” says Enea. “Then we look at steps to protect assets in case of long-term care.”
A condition such as Alzheimer’s or another type of dementia may affect your loved one’s ability to make decisions about their care. It’s important to seek assistance before the condition progresses and an elder law attorney can help your family prepare a durable power of attorney. This allows an appointed person to make medical or financial decisions on your loved one’s behalf should they become incapacitated.
Without a durable power of attorney, if your loved one becomes incapacitated an elder lawyer can help your family begin the process of obtaining guardianship. While guardianship is often considered a last resort, it will allow you or another guardian to manage your loved one’s personal and financial affairs.
Your loved one’s Medicaid eligibility depends on their financial assets, the cost of the medical treatments they need, and their individual state’s Medicaid requirements. If your loved one qualifies for Medicaid, many of their care services may be covered. You might even qualify for payment as their family caregiver.
Elder law attorneys are familiar with Medicaid programs in their state and can offer guidance on eligibility and the application process. They can provide advice on the right time to enroll in Medicaid and how to manage finances and assets while navigating the Medicaid Look-Back Period.
Read more: Understanding the Medicaid Look-Back Period: 14 Key Questions, Answered
Our free tool provides options, advice, and next steps based on your unique situation.
Many veterans may not realize they’re eligible for certain benefits through the US Department of Veterans affairs (VA). For example, the Aid and Attendance benefit is one of several benefits that can help veterans pay for long-term care. An elder law attorney can provide guidance and help your senior loved complete an application or provide information about other long-term care benefits for veterans.
Elder law attorneys can help family members identify risky situations that could lead to financial exploitation. When dad and mom slow down or their health declines, a dishonest neighbor has the opportunity to come over and start “helping out,” or an unscrupulous adult child might try to obtain access to financial accounts, says Simasko.
“Protecting their assets from dishonest predators is essential. An elder law attorney can report potential criminal activity or fraud to stop it or advise the children,” Simasko notes.
An elder law attorney can help guide your senior loved one through the process of creating an estate plan. A living trust is effective tool that is often used to help ensure a loved one’s assets are managed properly if they become ill, disabled or otherwise incapacitated. A living trust can also help protect your aging loved one against elder financial abuse.[01]
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Elder law attorneys encounter a variety of family financial and medical situations. This experience helps them to provide elder care planning advice in several areas including:[02]
“The elder law attorney should listen to the situation and give the advice that is best for the client — not necessarily the advice a family wants to hear, but what’s best, given the situation.” says Patrick Simasko.
If you’ve gotten this far and realized your aging senior may need legal assistance, you’re probably wondering how to start your search for an elder law attorney. After all, not everyone claiming to be an elder law attorney has the requisite experience and knowledge to advise aging clients.
To become a Certified Elder Law Attorney (CELA), an attorney must have practiced elder law for a certain number of hours each week for a specific number of years. They must also have logged a required number of hours of continuing education. The National Elder Law Foundation (NELF) lists certification requirements on its website.
To find a certified elder law attorney in your state, you can use the NELF search tool. The National Academy of Elder Law attorneys also provides a location specific search tool and more information on elder law attorneys.
If your family has questions about senior living for your aging loved one, A Place for Mom’s Senior Living Advisors can help connect you with local options that include, home care, assisted living, and memory care.
American Bar Association. (2024). The probate process.
Kirtland, M.A. (2019, August 27). What is elder law: And why do you care? American Bar Association.
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