Elder law overlaps with estate planning but isn't the same thing — it specifically covers Medicaid planning, long-term care, guardianship, and the unique legal issues that come with aging. A general estate attorney may not have deep experience in this specific area. Here's what's worth asking before you hire one.
About their experience
"What percentage of your practice is elder law specifically?"
Some attorneys handle elder law as a small part of a broader estate practice; others focus on it almost exclusively. Neither is automatically wrong, but you want to know which you're getting.
"Are you a member of NAELA (National Academy of Elder Law Attorneys)?"
Not a requirement, but membership signals a genuine specialization focus — a reasonable data point among several.
"Have you handled Medicaid planning cases like mine specifically?"
Medicaid rules and strategy differ meaningfully based on whether you're planning for nursing home care, in-home care through a waiver, or a healthy spouse's asset protection — ask about your specific situation, not just "Medicaid planning" generally.
About cost and structure
"Do you charge flat fee or hourly, and for what specifically?"
Elder law firms often use flat fees for standard documents (POA, healthcare proxy) and hourly for more complex Medicaid planning — get clarity on which applies to your situation before engaging.
"What happens if my situation changes mid-process?"
Health changes, a move to a different state, or a spouse's situation changing can all affect an in-progress plan — ask how they handle this before you're in the middle of it.
Red flags worth noting
Be cautious of anyone promising a specific outcome before reviewing your actual financial details, or pushing a single product (like an annuity) as the universal solution before understanding your full situation — legitimate elder law planning is individualized, not one-size-fits-all.
The National Academy of Elder Law Attorneys (naela.org) maintains a searchable directory — a solid starting point for finding attorneys who specialize specifically in this area near you.
Working through care planning right now?
A Place for Mom's free advisors can help you think through care options alongside your legal planning.
Common questions
Is a free initial consultation normal?
Many elder law attorneys offer a free or low-cost initial consultation to discuss your situation before committing — worth asking upfront if it's not mentioned.
Do I need a different attorney if I move states?
Possibly — POA and Medicaid rules are state-specific, so a plan drafted in one state may need review if you relocate. Ask your attorney about this specifically if a move is a realistic possibility.
Can one attorney handle both my parents' planning and mine?
Sometimes, though it can create conflicts of interest depending on the situation — ask directly how they'd handle representing multiple family members.