How to Be Elder Lawyer - Job Description, Skills, and Interview Questions

Oct 20, 2022 / 6 Minutes Read / By Albert

How to Become

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Elder law is an area of legal practice that focuses on the unique needs of older adults. It is increasingly important, as the elderly population is growing faster than any other age group in the United States. Elder law attorneys provide a variety of services, including estate planning, healthcare decision-making, guardianship, nursing home advocacy, and Medicaid planning.

These services help to ensure that the elderly have access to the legal protection they need to maintain their independence and quality of life. In addition, elder law attorneys can provide legal advice on issues related to retirement, Social Security, Medicare and other government programs. By understanding and advocating for the rights of the elderly, elder law attorneys are playing an important role in helping to create a secure and dignified future for America's seniors.

Steps How to Become

Earn a college degree. Obtaining a bachelors degree is the first step in becoming an elder law attorney. Most law schools require applicants to have a bachelors degree, so earning a four-year degree is essential.
Take the Law School Admission Test (LSAT). The LSAT is an important part of the law school admissions process. It is a standardized test that measures a persons aptitude for legal studies. It is offered four times per year and must be taken in order to be considered for admission to law school.
Attend law school. Once you have taken the LSAT, you can apply to law school. Law school will provide you with the necessary education and skills to practice law. You will learn about a variety of legal topics, including elder law.
Pass the bar exam. After graduation from law school, you must take and pass the bar exam in order to practice law. The bar exam is a comprehensive test that covers a variety of legal topics, including elder law.
Gain experience. Once you have passed the bar exam, you can begin practicing law. To specialize in elder law, you must gain experience in this area of law. You can do this by taking on elder law-related cases or working for an elder law firm.
Become certified as an elder law attorney. To become a certified elder law attorney, you must meet certain qualifications and pass a certification exam administered by the National Elder Law Foundation. Certification is voluntary, but it indicates that you have achieved a certain level of expertise in the field of elder law.

Elder law attorneys must stay up to date with the ever-changing legal landscape to provide their clients with the best possible service. This requires a dedication to continuing education and keeping abreast of new laws and regulations. Attorneys must also stay current on changes in health care, insurance, taxes, Social Security, Medicare, and other related areas.

Staying capable also requires taking advantage of technology and utilizing resources such as online continuing education classes and legal research databases. it is important for attorneys to network with other professionals in the field and stay connected with organizations that provide resources for older adults. being a successful elder law attorney requires dedication and commitment to staying knowledgeable and capable.

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Job Description

Drafting and executing legal documents such as wills, trusts, powers of attorney and health care directives.
Working with clients to create plans for asset protection and long-term care.
Advising clients on the legal implications of Medicaid and Medicare.
Representing clients in court proceedings related to elder law issues.
Educating clients about their rights in matters related to elder law.
Negotiating with creditors and other parties to secure financial resources for elderly clients.
Assisting families in navigating the complex laws surrounding guardianship and conservatorship.
Advising clients on estate planning and tax issues related to elder law.
Working with medical professionals to ensure the best possible care for elderly clients.
Representing elderly clients in disputes with insurance companies, nursing homes, and other organizations.

Skills and Competencies to Have

Knowledge of estate planning and related documents such as wills, trusts, powers of attorney, and advance directives.
Ability to advise clients on asset protection strategies, including Medicaid planning and the use of trusts.
Familiarity with Social Security, Medicare, and other government benefit programs.
Knowledge of elder law issues, including guardianships, conservatorships, and elder abuse.
Understanding of long-term care planning, including home care and residential options.
Proficiency in estate and gift tax planning.
Ability to negotiate with creditors and other parties to resolve financial disputes.
Understanding of the legal aspects of aging, including retirement planning, housing, healthcare decision-making, and end-of-life issues.
Knowledge of business and real estate law to assist with asset transfer strategies.
Good communication and interpersonal skills to provide compassionate legal advice to elderly clients and their families.

Elder law is a highly specialized field of law that deals with legal issues that affect the elderly. It is essential for an elder lawyer to have a strong understanding of the complex legal issues relating to aging, such as Medicare, Social Security, long-term care, guardianship and conservatorship, estate planning, and nursing home rights. One of the most important skills for an elder lawyer is to be able to explain these legal concepts to those who may not understand them and provide comprehensive advice that takes into account the clients particular needs and circumstances.

Another key skill is the ability to think critically and to be creative in finding solutions that may help the elderly client in many areas, such as financial planning, end-of-life decisions, and dispute resolution. Lastly, an elder lawyer should have a strong commitment to advocating for their clients rights and interests while providing compassionate support and guidance.

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Frequent Interview Questions

What inspired you to pursue a career in Elder Law?
How do you approach the complexities of Elder Law?
What experience do you have with estate planning and Medicaid planning for elderly clients?
How do you stay up-to-date on changing legislation related to Elder Law?
What strategies do you use to explain complex legal matters to elderly clients?
How do you prioritize client needs when there are multiple legal issues?
What are the most common types of Elder Law cases that you handle?
How do you handle difficult conversations with elderly clients and their families?
What challenges have you faced while practicing Elder Law?
What strategies do you use to ensure clients wishes are respected in the Elder Law process?

Common Tools in Industry

Legal Research Software. This software helps lawyers and paralegals quickly search and find cases and other legal resources. (eg: LexisNexis, Westlaw)
Document Management Software. This software helps lawyers store and organize legal documents. (eg: Clio, Rocket Matter)
Client Relationship Management Software. This software helps lawyers manage client relationships and keep track of client information. (eg: Practice Panther, Lawmatics)
Accounting Software. This software helps lawyers manage their finances, invoices, and billing information. (eg: QuickBooks, Xero)
Time Tracking Software. This software helps lawyers track the time spent on each case or client. (eg: TimeSolv, Toggl Track)
Email Marketing Software. This software helps lawyers create and send emails to clients and other contacts. (eg: MailChimp, Constant Contact)
Virtual Meeting Software. This software helps lawyers connect with clients, other lawyers, and court personnel through virtual meetings. (eg: Zoom, Skype)

Professional Organizations to Know

National Academy of Elder Law Attorneys (NAELA)
American Bar Association (ABA) Elder Law Committee
National Elder Law Foundation (NELF)
American Association of Law Libraries (AALL)
American College of Trust and Estate Counsel (ACTEC)
National Senior Citizens Law Center (NSCLC)
National Legal Resource Center on Aging (NLRCA)
National Guardianship Association (NGA)
National Aging and Law Institute (NALI)
Council of Aging Attorneys (COAA)

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Common Important Terms

Estate Planning. The process of preparing for the transfer of assets after death, including the preparation of wills, trusts, and other documents.
Medicaid Planning. The process of determining an individuals eligibility for Medicaid benefits, as well as the preparation of necessary documents and applications.
Guardianship. The legal process in which an individual (guardian) is appointed to manage the personal affairs and/or property of an incapacitated person (ward).
Special Needs Trusts. A trust set up for a disabled person to provide for their needs without disqualifying them for government benefits.
Long-Term Care Planning. The process of planning for the long-term care of an elderly individual or someone with a disability.
Senior Law. The area of law that focuses on legal issues impacting seniors, such as Medicare, Social Security, retirement, and long-term care.
Elder Abuse. The abuse of an elderly person by another individual or organization.
Conservatorship. The legal process in which an individual (conservator) is appointed to manage the financial affairs of an incapacitated person (conservatee).

Frequently Asked Questions

What is Elder Law?

Elder Law is a legal practice dedicated to helping seniors, their families and their caregivers with the legal issues that arise as one grows older. It covers areas such as Medicaid planning, estate planning, guardianships, trusts, long-term care planning and more.

Who needs an Elder Lawyer?

Anyone over the age of 65 or those who are caring for elderly family members should consider consulting with an Elder Law attorney. An Elder Law attorney can help with long-term care planning, Medicaid planning, estate planning and other legal issues that seniors may face.

What services do Elder Law attorneys provide?

Elder Law attorneys provide a variety of services to seniors, their families and their caregivers. These services include Medicaid planning, estate planning, guardianship, trusts, long-term care planning, tax planning and more.

What should I look for when hiring an Elder Law attorney?

When hiring an Elder Law attorney, you should look for one who is experienced in the area of Elder Law, has good references, is a member of the National Academy of Elder Law Attorneys (NAELA), and is familiar with the laws in your state.

What is the National Academy of Elder Law Attorneys (NAELA)?

The National Academy of Elder Law Attorneys (NAELA) is a professional membership organization dedicated to improving the quality of legal services provided to seniors, individuals with special needs and their families. NAELA members are dedicated to promoting professional excellence and protecting the rights of those they serve.

Web Resources

University of Hawaii Elder Law Program www.hawaii.edu
Elder Law | School of Law www.law.ku.edu
Elder Law | Gonzaga University School of Law | gonzaga.edu/law ... www.gonzaga.edu