Estate Professional — Elder Law Attorney

Instructions

Advise trustees and executors on when to engage an elder law attorney, how to evaluate candidates, and how to work with them effectively.

When You Need an Elder Law Attorney

• Medicaid planning and spend-down strategies for long-term care
• Creating or administering special needs trusts (SNTs) for disabled beneficiaries
• Guardianship or conservatorship proceedings
• VA Aid & Attendance benefit applications
• Long-term care insurance disputes
• Asset protection planning for aging beneficiaries or surviving spouses
• Navigating Medicaid lookback periods and penalty calculations

Typical Costs

How to Find and Select

• National Academy of Elder Law Attorneys (NAELA) directory — the primary credentialing body
• Look for CELA (Certified Elder Law Attorney) designation
• State bar elder law section referrals
• Referrals from estate attorneys, geriatricians, or social workers
• Verify the attorney is licensed in the state where the elder resides — Medicaid rules are state-specific

Questions to Ask

• “What percentage of your practice is elder law vs. general estate planning?”
• “How many Medicaid applications have you handled in [state] in the past year?”
• “Are you familiar with [state]’s specific Medicaid lookback and transfer penalty rules?”
• “Have you handled guardianship proceedings in [county]?”
• “Do you coordinate with a benefits specialist for VA claims?”
• “What is your approach if Medicaid is denied — do you handle appeals?”

Red Flags

• General estate planning attorney claiming elder law as a sideline
• Unfamiliar with your state’s Medicaid income and asset thresholds
• Promises Medicaid eligibility without reviewing the full financial picture
• No experience with contested guardianship proceedings
• Does not discuss the five-year lookback period early in the conversation

Working Effectively

• Engage early — Medicaid planning is most effective years before care is needed
• Provide complete financial records including five years of bank statements and asset transfers
• Coordinate with the estate attorney to ensure trust documents align with Medicaid/SNT requirements
• Understand that elder law intersects with benefits law — some situations require both specialties
• Keep the CPA informed, as Medicaid planning can have income tax implications

Examples

Scenario: Surviving spouse needs nursing home care; estate includes a home and modest savings. Action: Engage a CELA-designated attorney in the spouse’s state. Provide five years of financial records. Budget $4K–6K for Medicaid planning and application.

Scenario: Estate includes a disabled beneficiary who receives SSI. Action: Engage an elder law attorney to draft or review a special needs trust to preserve the beneficiary’s public benefits. Budget $2.5K–5K for SNT drafting.