The distinction in that question matters. Elder law is a specialty. An attorney who handles the occasional will or healthcare proxy alongside a general litigation practice is not the same as someone who spends their working life on Medicaid planning, guardianship proceedings, and asset protection for aging families. The difference shows up when your situation is complicated, when the stakes are high, and when a mistake has consequences that cannot easily be undone.
Here is how to find the right person.
Start with board certification. The National Elder Law Foundation offers a Certified Elder Law Attorney designation, known as a CELA, which requires a minimum level of experience, peer references, and passage of a specialist examination. The American Bar Association and most state bar associations also offer elder law sections with member directories. Board certification is not the only marker of a good attorney, but it is a reliable signal that elder law is a genuine focus rather than an occasional sideline.
Use the NAELA directory. The National Academy of Elder Law Attorneys maintains a searchable directory of members at naela.org. Membership requires a commitment to the field and adherence to professional standards. It is not a guarantee of quality, but it narrows the field considerably and gives you a starting list of practitioners who take this area of law seriously.
Ask about their specific experience. When you speak to an attorney, ask directly how much of their practice is devoted to elder law and Medicaid planning. Ask how many Medicaid applications they handle each year, and in which states. Ask whether they have experience with the specific issue you are facing, whether that is a contested guardianship, a Medicaid spend-down, or asset protection planning for a blended family. A good attorney will answer these questions without hesitation. One who becomes vague or deflects to general credentials is telling you something.
Understand how they charge. Some elder law attorneys work on flat fees for defined packages of work. Others bill hourly. Neither model is inherently better, but you should understand which applies before the first meeting and ask for a written engagement letter before any work begins. Reputable attorneys will provide one as a matter of course.
Pay attention to the initial consultation. Most elder law attorneys offer an initial consultation, sometimes free and sometimes for a modest fixed fee. Use it to assess whether the attorney listens carefully, asks good questions about your specific situation, and explains things in plain language without unnecessary jargon. You are not just assessing their knowledge. You are assessing whether you can work with them under pressure, because that is often when you will need them most.
Local knowledge matters. Elder law is heavily state-specific. Medicaid rules, guardianship procedures, homestead protections, and trust law all vary significantly from state to state, and sometimes from county to county in how they are administered in practice. An attorney who knows the local Medicaid office, the relevant court staff, and the care facilities in your area brings practical value that no amount of general expertise can fully substitute for.
Ask for references. A well-established elder law attorney should be able to point you to former clients willing to speak about their experience, or at minimum to other professionals who refer to them regularly, such as financial advisors, geriatric care managers, or hospital social workers. Referral relationships in this field are built on trust and repeated positive outcomes. They are worth asking about.
The families who fare best in difficult elder care situations are rarely the ones with the most money or the most time. They are the ones with the right professional in their corner, found before a crisis made the search feel impossible.
Take the time to find someone who genuinely knows this area of law. It is time well spent.
