Finding an Elder-Care Lawyer

Elder-care attorneys often provide a range of services, from estate planning to health-care benefits. Try to hire one who suits your needs

Swidler says his lawyer "makes sure I understand what's going on" Peter Dasilva

By Lauren Young

Adam Swidler, a product marketing manager at Google (GOOG) in Mountain View, Calif., had the all-important caregiving talk with his father two years ago. He figured the conversation had covered the bases, namely his dad's wishes in the event of a medical crisis. But when his 76-year-old, divorced father became incapacitated from a stroke in March, Swidler found out how wrong that assumption had been. While his father had crafted an advance medical directive, which specifies the course of action in health-care matters, Swidler didn't have the right documentation to take control of his dad's money.

A doctor referred Swidler to Doris Hawks, an elder-law attorney in Los Altos, Calif. During the course of a few months, Hawks has helped him find a nursing home and get access to his father's money. At $300 an hour, the total tab for her services could run as much as $8,000. Says 42-year-old Swidler, an only child: "She explains everything in plain English, and makes sure I understand what's going on."

With the number of Americans age 65 and older expected to reach 71.5 million in 2030, the field of elder law—which covers estate planning, health care, and housing issues—is growing rapidly. The National Academy of Elder Law Attorneys (NAELA), whose members provide legal services to seniors as well as people with special needs, had 549 professionals in 1990; now it has nearly 4,000.

That doesn't mean people are seeking legal advice when they should—that is, before a problem arises. Few want to confront the painful issue of how to care for an elderly, ailing parent. An estimated three-quarters of people who seek out an elder-law attorney are in crisis mode, when it is hardest to make good decisions. "Most of my clients wait until a parent is in the hospital and needs crisis intervention to get help," says Jack Halpern, a former nursing home professional who now runs MyElderAdvocate.com, a Web site for caregivers.

TOO MANY HATS

Elder-law attorneys wear multiple hats, working as financial advisers, confidantes, referees, real estate experts, and mediators. The field encompasses 13 major areas, including retirement benefits, age discrimination, guardianship, as well as planning for the disabled. But if a lawyer claims to handle all of that, be skeptical. "I don't know anyone who does everything that falls under the umbrella of elder law," says Craig Reaves, an elder-law attorney in Kansas City, Mo., and NAELA's president.

Because state and local laws vary, it's important to choose an attorney licensed in the state where your parent lives. Chances are your financial adviser, accountant, or real estate lawyer already has some elder-law attorneys in their contact list. You may also get referrals from senior citizen organizations such an Alzheimer's Assn. chapter. "The circle of people who practice elder law in any community is usually pretty small," says Terry Ann Donner, who is a registered nurse, a certified social worker, and an elder-law attorney in Willoughby, Ohio.

NAELA's Web site (naela.org) lets you search for an elder-law attorney by Zip Code as well as field of practice. Keep in mind that it isn't hard to be a member: Attorneys must be in good standing with their state bar association and pay $425 in annual dues.

A more meaningful credential is a certification to practice elder law. The National Elder Law Foundation, which is affiliated with NAELA, certifies attorneys who have focused on elder law for five years and have documentation of at least 60 related cases in the past three years. Those lawyers must pass a one-day exam that covers a wide range of topics, including gift taxes and pension benefits. The test has a pass rate of just 40%.

Nearly 400 lawyers have become certified elder-law attorneys since this test was introduced in 1994. To keep certification current, attorneys must document relevant casework and continuing education requirements every five years. Among the best practitioners: the 60 attorneys who belong to NAELA's Council of Advanced Practitioners.

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