What Does Elder Law Include?

The best description of the practice of “elder law” that I have run across is from the book A Guide to Elder Law by Timothy Takacs. Takacs lists the parameters established by the National Elder Law Foundation (NELF), which is the organization that certifies the specialty of elder law.

Its Board of Certification holds an expansive view of an elder law attorney’s knowledge. Under NELF rules, to be certified as an Elder Law Attorney (CELA), the attorney must know about the following subjects:

• Health and long-term care planning

• Public benefits (includes Medicaid, Medicare, Social Security)

• Surrogate decision-making (includes powers of attorney and guardianship)

• Older persons’ legal capacity

• The conservation, disposition and administration of the older person’s estate (includes wills, trusts, and probate of an estate)

Moreover, in giving advice about these matters, the elder law attorney must be mindful of the applicable tax consequences of the action, or recognize when it may be appropriate to seek advice from a tax expert.

In addition, the NELF Board expects Certified Elder Law Attorneys to be capable of recognizing issues of concern that arise during counseling and representation with respect to abuse, neglect, or exploitation of the older person; insurance; housing; long-term care; employment; and retirement.

Finally, the attorney must be familiar with professional and non-legal resources and services publicly and privately available to meet the needs of the older person; and be capable of recognizing the professional conduct and ethical issues that arise during representation. In general, subjects addressed in the practice of elder law include:

• Estate planning

• Trusts

• Administration of trusts and estates

• Disability planning (preparing for the possibility of the future incompetence of the individual through the use of durable powers of attorney, living trusts, advance directives, etc.)

• Medicaid and asset protection

• Medicare claims and appeals

• Social Security retirement and disability claims and appeals

• Supplemental and long-term health insurance issues

• Guardianships and conservatorships

• Long-term care

• Nursing homes

• Elder abuse

• Housing for the elderly

• Age discrimination

• Retirement planning

• Survivor and pension benefits

• Health law

• Mental health law

Most elder law attorneys will concentrate in some, but not all, of these areas. However, every elder law attorney should have some basic knowledge in all of them.