Planning

How to Choose an Elder-Law Attorney (And What to Ask)

8 min read · Published 2026-04-05

How to Choose an Elder-Law Attorney (And What to Ask)

Elder-law attorneys specialize in the legal issues that matter most as people age — wills, healthcare directives, powers of attorney, Medicaid planning, and estate management. Finding the right one is worth the effort.

This guide walks you through how to evaluate an attorney and the questions to bring to your first meeting.

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What an Elder-Law Attorney Does

Elder-law attorneys typically help with:

• Drafting or updating a will or trust
• Creating healthcare directives and powers of attorney
• Medicaid planning and asset protection
• Guardianship and conservatorship proceedings
• Estate administration after a death

Not all family attorneys or general estate attorneys have deep elder-law experience. When aging, care, and family finances are intertwined, a specialist often provides more useful guidance.

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Questions About Their Practice

Start by understanding how they work before discussing your situation.

1. **What percentage of your practice focuses on elder law?** You want someone for whom this is a primary area, not an occasional add-on.

2. **Are you a member of NAELA?** The National Academy of Elder Law Attorneys is the main professional association in this field — membership signals genuine specialization.

3. **How do you typically communicate with clients?** Understand whether they use phone, email, a client portal, and how quickly they typically respond.

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Questions About Documents

4. **Do I have the core documents I need?** A good attorney will review what exists before recommending what to add: will, healthcare directive, durable power of attorney, HIPAA authorization.

5. **Are my existing documents still valid in this state?** Documents signed in a different state may need updating. Ask directly.

6. **Should I consider a trust?** For some families, a revocable living trust offers significant advantages over a will alone. Ask whether a trust is appropriate for your situation.

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Questions About Care Planning

7. **What happens legally if I can no longer make my own decisions?** This is one of the most important questions — understand what protections exist and what gaps remain.

8. **What is a POLST or MOLST form, and should I have one?** These physician-signed forms communicate medical preferences in an emergency. Your attorney can explain whether one is appropriate for your situation.

9. **How does Medicaid planning work in our situation?** If there is any possibility of needing long-term care in the future, understanding Medicaid rules early — before a crisis — gives you more options.

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Questions About Process and Cost

10. **What are your fees and how are they structured?** Many elder-law attorneys charge flat fees for standard documents. Get clarity upfront.

11. **How long will it take to prepare the documents I need?** Standard estate planning documents often take two to four weeks. Understand the timeline before committing.

12. **Do you work with financial advisers or other professionals I should involve?** Retirement, estate, and tax planning overlap. A good attorney can help you think about who else should be at the table.

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What to Bring to Your First Meeting

• A list of your assets: property, bank accounts, retirement accounts, life insurance
• Any existing legal documents (will, directive, POA)
• Names and contact information for family members who should be involved
• Your questions, written out in advance

The more prepared you are, the more useful the meeting will be.

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How to Find an Elder-Law Attorney

• **NAELA attorney search**: naela.org/Public/Find_an_Attorney
• **State bar association**: Most state bars have a referral service with specialization filtering
• **Ask your primary care doctor or hospital social worker** — they often have relationships with local elder-law practitioners

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*This guide is a preparation resource, not legal advice. For legal documents and decisions specific to your situation, work with a licensed attorney in your state.*