Becoming An Elder Law Attorney: Steps To Specialization

Elder law is a complex and evolving area of law that deals with the legal rights and issues impacting older people. With an ageing population, the demand for qualified elder law attorneys is increasing. Elder law attorneys help older people and their families navigate legal matters such as estate planning, healthcare power of attorney, wills, trusts, long-term care, and social security. To become an elder law attorney, one must first obtain a bachelor's degree and then a law degree from a law school approved by the American Bar Association (ABA). Law school typically takes three years to complete and covers a range of legal topics, including legal writing, research, criminal law, and constitutional law. After graduating from law school, aspiring elder law attorneys must pass their state's bar exam to obtain their license to practice law. To specialise in elder law, attorneys can seek certification through the National Elder Law Foundation (NELF), which requires at least five years of legal experience, with a focus on elder law cases for at least three years, as well as additional training and education.

Education and training requirements

To become an elder law attorney, you must first complete a bachelor's degree and a law degree. While in high school, it is recommended that you take college preparatory courses in math, science, social studies, government, history, economics, and a foreign language to prepare for your later education.

For your law degree, you must satisfactorily complete at least three years of college work, and most law schools require four. While there are no specific course requirements for pre-law education, traditional majors include history, English, philosophy, political science, economics, and business. Other successful law students have focused on diverse areas of study, such as art, music theory, computer science, or engineering. If you plan to specialize in elder law, you may want to take courses in social sciences, psychology, economics, and healthcare.

Most law school programs require applicants to take the Law School Admission Test (LSAT), which tests students on analytical thinking, writing, and problem-solving skills. Full-time law degree programs typically take three years to complete. The first year consists of required courses such as legal writing and research, contracts, criminal law, constitutional law, torts, and property. In the second and third years, students focus on specialized courses of interest, such as public policy, health law, medical ethics, and geriatrics for elder law. Upon completion, students usually receive a Juris Doctor (J.D.) or Bachelor of Laws (LL.B.) degree. Some lawyers may choose to earn a Master of Laws (LL.M.) degree, an advanced law certification that helps them advance professionally.

To become a certified elder law attorney, additional requirements must be met. The National Elder Law Foundation (NELF) offers certification to attorneys who have been in practice for at least five years, have spent a minimum number of hours practicing elder law, handled a certain number of elder law matters, and completed continuing legal education in elder law. Applicants must also pass an examination and obtain references from attorneys specializing in elder law. Maintaining certification requires recertification every five years.

Certification and licensing

To become a lawyer, you must earn a bachelor's degree and a law degree. To enter law school, you must complete the Law School Admission Test (LSAT) and apply to law schools approved by the American Bar Association (ABA). Most law schools require applicants to take the LSAT, which tests students on analytical thinking, writing, and problem-solving skills.

Once you have graduated from law school, you will receive a Juris Doctor (J.D.) degree or a Bachelor of Laws (LL.B.) degree. To practice law, you must be admitted to the bar association of the state in which you intend to work. To obtain a law license, you must pass the state bar exam. The bar admission standards in most states require that students graduate from an approved law school and pass the bar exam in the state in which they intend to practice. These exams usually last two days and cover various areas of law, such as constitutional law and criminal law. It is important to note that each state sets its own standards for taking the bar exam, and a few states allow exceptions to the educational requirements. For example, some states allow people who have completed law studies through correspondence programs to take the bar exam.

To become an elder law attorney, you can seek certification through the National Elder Law Foundation (NELF). NELF sets several requirements to qualify as a certified elder law attorney. These include:

• Being licensed to practice law in at least one state or the District of Columbia
• Having practiced law for at least five years before applying for certification
• Being a member in good standing of their local bar association
• Having spent at least 16 hours per week practicing elder law in the three years before the application
• Handling at least 60 elder law matters during the previous three years
• Participating in at least 45 hours of continuing legal education in elder law in the three years before their application
• Submitting the names of five attorney references familiar with their competence and qualifications
• Passing a full-day certification examination

The Certified Elder Law Attorney (CELA) certification is widely recognized as "the gold standard" for elder law and special needs practitioners. This certification informs those in your community that your expertise, knowledge, and skills in elder law meet the highest qualifications demanded by the National Elder Law Foundation. Adding the CELA designation to your public profile lets those seeking elder law or special needs legal services know that you can provide exceptionally reliable and effective representation.

Experience, skills, and personality traits

Experience as an elder law intern or clerk is highly recommended for aspiring elder law attorneys. All lawyers need to be effective communicators, work well with people, and be able to find creative solutions to problems. However, elder law attorneys need to possess some unique skills and personality traits. They must understand the effects of ageing on the mind and body, the potential conflicts between family members and the older person, and how the family's wishes may conflict with those of the older person. This work requires perceptiveness, ethics, and diplomacy. Elder law attorneys must also be good listeners and seek to understand the goals of their clients.

To become a Certified Elder Law Attorney (CELA), an applicant must be licensed and in good standing with the bars of every state in which they practice. The applicant must have practised law for at least five years prior to application and still be practising law. They must show substantial involvement in the field of elder law for the three years prior to application, including documenting at least 60 elder law matters or cases within those three years. On renewal every five years, the attorney must again show another 60 elder law matters or cases within the preceding three years.

The applicant must have completed at least 45 hours of continuing legal education in elder law during the three years before applying. They must also submit the names of five referring attorneys familiar with their competence and qualifications in elder law, three of whom must have devoted a minimum number of hours to the practice of elder law. The applicant must sit for and pass a challenging 5½-hour examination, which includes essays describing real-life situations and how the attorney would handle them.

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Ethical considerations

• Identifying the Client: In elder law, the most basic question of "Who is my client?" may not always be clear. It is important to meet alone with the elderly person to determine their competence, awareness, and ability to make their own decisions.
• Conflicts of Interest: Conflicts of interest may arise between the wishes of the elderly client and their family members or caregivers. Elder law attorneys should be vigilant in ensuring that their elderly client's interests are protected and that no coercion, undue influence, or abuse is occurring.
• Confidentiality: Elder law attorneys must maintain confidentiality and not disclose private information about their elderly clients without their consent.
• Decision-Making Capacity: Attorneys should assess the decision-making capacity of their elderly clients and ensure that their wishes are respected, especially when it comes to medical and business decisions that will impact their future.
• Beneficence and Non-Maleficence: Doing good and avoiding harm are essential principles in elder care. Elder law attorneys should strive to improve the quality of life for their elderly clients and avoid any actions that may cause harm, including psychological or emotional harm.
• Justice and Sanctity of Life: Elder law attorneys should respect the human dignity and sanctity of life of their elderly clients, ensuring that their care and treatment are just and fair.
• Veracity, Confidentiality, and Fidelity: These derivative rules of ethical care include truth-telling, respecting confidentiality, and being loyal and accountable to the elderly client.
• Avoiding Mistakes: Elder law is a complex field, and attorneys should ensure they have the necessary knowledge and expertise before taking on cases. Mistakes can have serious consequences for elderly clients.
• Greed and Financial Abuse: Elder law attorneys should be vigilant for signs of financial abuse by family members, caregivers, or strangers. They should protect their elderly clients' assets and ensure that any financial decisions are made in their best interests.
• Power of Attorney: The power of attorney is a crucial document in elder law, and attorneys should ensure it is properly drafted and executed to avoid abuse or misuse.
• Medicaid and Asset Protection: When assisting with Medicaid planning, elder law attorneys should consider the potential impact on the elderly client's quality of life and access to necessary care.

By adhering to these ethical considerations, elder law attorneys can provide competent and ethical representation to their elderly clients, protecting their rights, interests, and well-being.

Continuing legal education

The National Elder Law Foundation (NELF), established by the National Academy of Elder Law Attorneys (NAELA), offers the Certified Elder Law Attorney (CELA) designation. This certification is a recognised standard of excellence for attorneys advocating for older clients and those with special needs. To obtain and maintain the CELA certification, attorneys must meet stringent requirements, including substantial involvement in elder law and continuing legal education.

To qualify for the CELA certification, attorneys must complete at least 45 hours of continuing legal education in elder law during the three years preceding their application. This education can be obtained through various sources, including the NAELA, American Bar Association, National Association for Law Placement, and state and local bar associations, which offer a diverse range of educational opportunities. Additionally, private organisations like ElderCounsel provide continuing legal education programs, workshops, and drafting software specifically tailored to elder law.

The curriculum for continuing legal education in elder law covers a wide range of topics. It includes traditional legal subjects such as public policy, health law, medical ethics, and geriatrics, as well as specialised areas like estate planning, probate law, Medicaid and Medicare, social security, disability claims, age discrimination, and retirement benefits. Given the complex nature of elder law, continuing legal education equips attorneys with the knowledge and skills necessary to effectively represent and protect the interests of their ageing clients.

Furthermore, continuing legal education in elder law often addresses ethical considerations unique to this field. Attorneys must be adept at assessing the capacity and competency of their elderly clients, navigating complex family dynamics, and safeguarding their clients from potential coercion, undue influence, or abuse. The American Bar Association and the American College of Trusts and Estates Counsel provide valuable resources to guide attorneys in making ethical decisions when representing older adults.

Frequently asked questions