Elder law lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What elder law lawyer is

An elder law lawyer provides information about issues affecting older adults, such as long term care planning, guardianship and benefits, and may assist families. Families look for one when an older relative needs care, loses the ability to manage affairs or needs a plan. General information, not advice.

Signs you need it

  • An older relative needs long term care and the family is worried about paying for it
  • A relative can no longer manage money or make health decisions and has no documents in place
  • You are being asked to sign papers for a care facility and do not understand them
  • A family member may be a target of financial abuse
  • You are unsure how benefits or health coverage apply to long term care
  • You are a caregiver and need legal authority to act for a parent

What the pro does

  • Meet with the older adult and family to understand health, finances and wishes
  • Explain, in general terms, what types of benefits and care programs may relate to your situation
  • Prepare or update documents such as powers of attorney and health care directives
  • Review facility contracts and admission agreements
  • Guide families through guardianship or conservatorship where it is needed
  • Coordinate with care managers, accountants and financial professionals as needed

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • Whether the older adult can still sign documents
  • Whether guardianship or a court process is needed
  • The number and type of assets
  • Whether a benefits application is involved
  • Whether family members disagree
  • Whether the work includes contract review for a facility
  • Whether ongoing help is needed

What a written quote should spell out

  • Whether the fee is flat or hourly
  • Documents or tasks included
  • Court costs billed separately
  • Who attends meetings with the older adult
  • How family communication will be handled

Questions to ask before you hire

  • Who is the client, the older adult, the caregiver or both?
  • What documents should be in place now?
  • If guardianship is needed, what is the general process?
  • Can you review a facility contract?
  • How do you work with benefits applications?
  • How do you protect the older adult's wishes when family members disagree?

Red flags

  • A lawyer who recommends moving assets quickly without explaining the rules
  • A seller who pushes a product without reviewing the family situation
  • A lawyer who meets only with family and never with the older adult
  • No written fee agreement

What you can do yourself

You can list accounts, bills and medications, gather insurance and benefit paperwork, and talk with your relative about their wishes while they can. Local agencies on aging can share information about programs. Speak with a licensed attorney before transferring property, signing a facility contract or seeking guardianship. Financial questions belong with a licensed financial professional.

Licenses and permits

Elder law lawyers must be licensed attorneys in good standing. Check the license with the state bar.

Elder law lawyer questions

Can a lawyer protect my parent's home from care costs?

Rules are complex and vary. A licensed attorney can explain general rules but cannot promise a result.

Who is the client when a family hires an elder law lawyer?

Ask the lawyer directly. It should be clear in the engagement letter.

What if my parent can no longer sign documents?

A court process may be needed. A licensed attorney can explain.

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