Website: Where Will Your Legal Education Take You?: Elder Law Attorney

Elder Law

Graphic by Alondra Pulido

Elder law attorneys focus on matters most prevalent to the needs of senior citizens. These areas might include Medicaid and Medicare, social security, disability claims, age discrimination, estate planning, probate, health law, and retirement benefits, though elder law attorneys tend not to specialize in all of these areas. An increasingly common issue that elder law attorneys seek to resolve is that of older adults becoming the victims of financial abuse and exploitation, either by relatives or others who seek to take advantage of seniors and access their assets.

The work of elder law attorneys is increasingly important with the aging United States population. This effect is exacerbated by declining birthrates and longer lifespans in the United States. The United States Census Bureau estimates that, for the first time in American history, by 2035 there will be more adults over the age of 65 than there will be children. The numbers also estimate that by 2060, nearly a quarter of Americans will be age 65 and older. This will all create a greater demand for elder law attorneys in the future.

Many elder law attorneys begin in estate planning—the process that covers the transfer of one’s property at death—or in probate law, which covers the will (the core document of estate planning). Estate planning distributes one’s real and personal property (the former refers to real estate and the latter refers to everything else) to their heirs, as is detailed in their will, and this transfer of wealth may be subject to state and federal tax law. Elder attorneys help their clients preserve as much wealth as they can for their beneficiaries.