Estate planning and senior legal issues have their own specialty — and not every attorney handles them. An elder law attorney focuses specifically on the legal needs of older adults: wills, powers of attorney, advance directives, Medicaid planning, guardianship, and estate settlement. Finding the right one is easier than it sounds.
What an Elder Law Attorney Does
Elder law attorneys handle the legal documents and planning decisions that matter most in the later years of life, including:
- Wills and trusts — making sure your assets go to the right people
- Powers of attorney — financial and healthcare, drafted correctly for your state
- Advance directives — recording your wishes about medical care in writing
- Medicaid planning — understanding what rules apply if long-term care becomes a need
- Estate settlement — guiding families through probate and asset transfers after a death
- Guardianship — stepping in when capacity is in question and there is no POA in place
They are not financial advisors or accountants, but they often work alongside them and can help you understand how your legal documents and your financial plans fit together.
How to Find One
1. Start with NAELA. The National Academy of Elder Law Attorneys maintains a directory of member attorneys searchable by location at naela.org. Members commit to a code of professional responsibility and focus their practice on senior legal issues.
2. Use your state bar's referral service. Most state bar associations have a lawyer referral line that can connect you with an elder law attorney in your area. Many offer a reduced-fee initial consultation — call your state bar association and ask specifically for the elder law or estate planning referral program.
3. Ask your local Area Agency on Aging. Every region of the country has an Area Agency on Aging (AAA) that provides free referrals to local senior services, including legal aid. You can find yours at eldercare.acl.gov or by calling the Eldercare Locator at 1-800-677-1116.
4. Check legal aid if cost is a concern. Many legal aid organizations serve seniors at no cost or on a sliding-scale fee. Search for your local legal aid office at lawhelp.org.
What to Expect at the First Meeting
Most elder law attorneys offer an initial consultation, sometimes at no charge. Come prepared:
- Bring a list of your assets (approximate values are fine) and any existing documents
- Know who you are considering as executor, agent, and healthcare proxy
- Be ready to describe your family situation — spouse, children, dependents, any complications
- Write down your questions ahead of time so you do not forget them in the moment
The attorney will ask questions to understand your situation, explain what documents make sense for you, and give you a sense of cost and timeline.
Questions to Ask
- Do you focus primarily on elder law and estate planning?
- Are you familiar with the laws in my state, and will the documents you prepare be valid here?
- What do you charge — by the hour or a flat fee for a full estate plan?
- How long will it take to have the documents ready?
- Will you be the one handling my case, or will it be a junior attorney or paralegal?
A flat-fee quote for a basic estate plan (will, two POAs, and advance directive) is common and makes costs predictable. If an attorney cannot give you a clear answer on pricing, it is reasonable to ask someone else.
What It Typically Costs
Costs vary by location and complexity, but a complete basic estate plan from an elder law attorney generally includes the will, durable financial POA, healthcare POA, and advance directive. Get a written quote before agreeing to anything, and ask what is and is not included.
If the price is out of reach, ask about legal aid options — there is no shame in it, and many attorneys are happy to point you in the right direction.
Where to Learn More
- National Academy of Elder Law Attorneys — naela.org Searchable directory of elder law attorneys by location, with information on what to look for when choosing one.
- Eldercare Locator — eldercare.acl.gov A free federal service that connects seniors and caregivers to local resources, including legal assistance programs.
- LawHelp.org — lawhelp.org A directory of legal aid organizations across the country, many of which offer free estate planning services for seniors who qualify.