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Elder Law & Guardianship

Long-term care planning, Medicaid eligibility, guardianship and protecting aging parents. What an elder law attorney does and how to find one near you.

Elder law addresses the legal needs of aging: paying for long-term care without losing everything, qualifying for Medicaid or VA benefits, protecting a parent who can no longer manage finances, and preventing exploitation. Guardianship (conservatorship) is the court process for appointing a decision-maker when powers of attorney were never signed. Timing matters — Medicaid’s five-year look-back penalizes last-minute transfers.

What a elder law attorney does

  • Plans for Medicaid eligibility while preserving assets for a spouse
  • Prepares powers of attorney, trusts and healthcare directives for aging clients
  • Files or contests guardianship and conservatorship
  • Pursues financial exploitation and recovers assets

When you need a elder law attorney

  • A parent needs nursing-home care and savings are at risk
  • A loved one with dementia has no power of attorney
  • Someone is taking advantage of an elderly relative financially
  • You are applying for Medicaid or VA Aid & Attendance

Questions to ask before you hire a elder law attorney

  1. Is it too late to protect assets given the look-back period?
  2. Can we avoid guardianship, and if not, how long does it take?
  3. Are you certified in elder law (CELA) or a NAELA member?
  4. How do you coordinate with care managers and financial advisors?

Find a elder law attorney near you

Choose your state to see listed firms and the official bar directory for verifying any lawyer’s license.