From The National Elder Law Foundation.
The expectations of an elder law attorney's knowledge are expansive. 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, trust and probate of an estate).
In advising about these matters the elder law attorney must pay attention to the applicable tax consequences of the action, or the need for more sophisticated tax expertise. In addition, attorneys certified in elder law are 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.
- 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 must be capable of recognizing the professional conduct and ethical issues that arise during representation.
