What Does An Elder Law Attorney Do?

What Does An Elder Law Attorney Do?

November 18, 2022 Off By Glespynorson

An elder care attorney Naples Florida serves as an advocate for older adults. These professionals handle various categories of legal matters concerning senior citizens, like healthcare, guardianship, long-term care planning, retirement, and the like. Elder law attorneys are equipped to handle the sensitive physical and emotional needs of older adults.

That being said, explained below are areas of law practiced by an elder care attorney:

Social Security

Citizens who are 61 and nine months old can qualify and enroll for Social Security benefits. Even if you once got disability benefits before that age or you got disabled at that age, an elder law attorney can help you receive the kind of benefits appropriate for your condition.

Estate Planning

No matter how small or big your list of assets is, estate planning can be overwhelming for you as an elderly citizen. This is why it’s important to have a good elder care attorney on your side. For starters, an elder care attorney helps with creating your will. They can also help with creating trusts for insurance policies.


This is a federal health insurance program designed for Americans who are 65 years and above. Even though it’s an excellent program designed to help people, the procedures can be confusing for those who are just enrolling for the first time. Thankfully, elder care attorneys are familiar with this program and can easily help you with these procedures. Before starting your registration, they’ll tell you everything you need to know about this program. For instance, they’ll let you know Medicare Part A covers your stay in a hospital, hospice care, or skilled nursing facility.


Medicaid is a federal program that caters to the healthcare needs of elderly adults, children, low-income adults, disabled persons, and pregnant women. Presently, Medicaid covers over four million senior citizens in the country. Some of the factors that determine whether an elderly citizen gets Medicaid is income and resources.

This healthcare program can also cover the long-term expenses of staying in a nursing home. But for you to use Medicaid to cover nursing home expenses, your application has to be approved by the state you’ll be staying.

Elder Fraud Or Abuse 

Elder abuse refers to the mistreatment of elderly persons either emotionally, financially, sexually, or physically. No particular age, gender, or tribe is immune to fraud or abuse. In fact, half a million elder abuse cases are reported yearly in the country. Still, many other cases go unreported. If you’ve been a victim of any of these, an elder law attorney can help ensure you get the justice you deserve.

Employment Discrimination

Some of the laws guiding employment state that it’s illegal for employers to discriminate against employees because of their age. This law applies to any citizen above the age of 40. So if you already have a job or you’re seeking employment, but your employers are treating your poorly because of your age, an elder law attorney can assist in assessing your claim.

Grandparents Visitation Rights

When family members aren’t on good terms, the relationship between grandparents and children often suffers. If you’ve been separated from your grandchildren either due to a divorce or separation, an elder law attorney can help with this issue. When you contact them, they’ll explain your rights as a grandparent and the best step to take if you seek visitation.

What To Look For In An Elder Law Attorney

Years Of Experience

The elder care law is one of the most complex aspects of the law. So if you want to hire an elder law attorney, you need to ensure that you have enough experience in the area. Even if an attorney is practicing elder law, it doesn’t necessarily mean they’ve handled a case like yours. For instance, if you need long-term care planning, ask your prospective attorney to tell you about their experience in that area.


Checking the credentials of an elder law attorney before hiring them is important because it serves as proof that they’re qualified to render legal services. During your first meeting with an elder law attorney, don’t forget to ask them to show you their credentials. For someone to get certified as an elder law attorney, they must have spent at least sixteen hours a week practicing elder law.


When you find out an elder law attorney’s fee structure at the initial stage, it helps to determine whether you can afford their service or not. Some attorneys charge clients at an hourly rate or use flat fees. However, the kind of job you ask an elder law attorney to do for you can also determine how they charge you. For instance, some elder law attorneys charge flat fees for draft wills and charge hourly for representing clients in a Medicaid or Medicare claim.

How a California Elder Law Attorney Can Serve You and Your Loved One -  Snyder Law

Customer Service

Choosing an elder care attorney who’s patient, kind, and highly responsive is a necessity for an elderly citizen. So when interviewing an elder care attorney, you need to study them to know if they’re polite and professional. Moreover, you can check their records to know how well they’ve been treating clients. Clients tend to be honest when giving reviews about a particular service. If your lawyer has good reviews, there’s a high chance that you’ll enjoy their service.


Referrals also matter when it comes to choosing an elder law attorney. When an elder law attorney gets a high number of good recommendations, it’s a good sign that they offer quality services. You can easily find reviews of an elder law attorney on search engines or their official website.

Getting a good elder law attorney on your side is one of the keys to enjoying some of the legal benefits you deserve as an elderly citizen. In case you’ve not been enjoying these benefits as an elder,  it’s not too late. You can find and hire the right elder law attorney for you by following the tips above.