What is elder law?
Elder law is a rapidly-growing practice emphasis for many lawyers, who choose
to represent older clients and handle the kinds of issues commonly faced by the
elderly and disabled.
Is elder law a recognized legal specialty?
State Bar Associations or Supreme Courts in some states (but not Arizona)
have formally recognized elder law as a legal specialty. In those states lawyers
may be able to advertise that they specialize in elder law if they have met
specified qualifying criteria, which usually include a written examination and
evidence of extensive experience in the area. In Arizona, since elder law is not
a recognized "specialization" practice, an attorney may not claim to
"specialize" in the field.
Why doesn't Arizona recognize elder law as a specialty?
The State Bar of Arizona and the Arizona Supreme Court have not yet gotten
around to recognizing elder law as a specialty practice.
Are there any other credentials an elder law attorney might demonstrate?
Other than an active case load of elder law clients, the only formal way an
Arizona attorney can demonstrate specific familiarity with elder law issues is
to be certified by the National
Elder Law Foundation as a Certified Elder Law Attorney. Fleming & Curti
partner Robert Fleming has secured that
certification, as have at least three other Arizona attorneys.
What are the legal practice areas in which elder law attorneys engage?
Although the legal problems of the elderly span the entire gamut of legal
issues, a handful of topics arise for seniors more regularly than others. Most
lawyers who consider themselves elder law attorneys are familiar with (and work
in) guardianship and conservatorship, Medicaid and long-term care planning,
estate planning and probate. Some elder law attorneys may also be familiar with
age discrimination, medical care issues (including advance directives and the
"right to die"), grandparent visitation and custody rights, Medicare
benefits, and a host of similar issues.
Are there legal practice areas that elder law attorneys are uniquely
qualified to handle?
As with other professional specialty areas, the ability of individual elder
law attorneys to handle specific matters will vary with the experience,
competence and credentials of the individual lawyer. Some of the topics that are
not as widely understood by lawyers other than elder law attorneys might include
Medicaid and long-term care planning, special needs trusts, estate planning for
disabled family members and advance directives.
How can I find an elder law attorney in my area?
The National Academy of Elder
Law Attorneys provides an online resource for locating a member of that
organization. NAELA is the only national organization of elder law attorneys,
and has over 3,000 members hailing from every state (and a few U.S. territories
and foreign countries). As with other legal practice areas, the best method of
locating a competent elder law attorney is probably to solicit suggestions from
friends, relatives and colleagues, and then to question each prospective
attorney about his or her specific experience, training and interests.
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