Why Hire an Elder and Special Needs Law Attorney?


Navigating aging or disability-related legal issues can be overwhelming — but elder and special needs law attorneys know the rules inside and out, helping you make smart, confident decisions.


What Is Elder and Special Needs Law?

Elder law and special needs law are specialized areas of legal practice that focus on the unique needs of older adults and individuals with disabilities, while also providing support and guidance for their families. These practice areas cover a wide range of legal matters, including estate planning, long-term care, Medicare and Medicaid planning, guardianship, elder abuse, Social Security benefits, and special needs planning.

Unlike other attorneys, elder and special needs law attorneys understand the intricate legal, financial, and health care challenges faced by aging individuals and those with disabilities. Beyond drafting wills and setting up trusts, they provide comprehensive support — helping clients navigate their future with dignity, independence, financial stability, and family harmony.


The Role of an Elder and Special Needs Law Attorney

Elder and special needs law attorneys provide counsel and advocacy for older adults and individuals with disabilities on a variety of issues. Some of the key services they offer include:

Estate Planning and Asset Preservation

  • Drafting wills, trusts, and power of attorney documents
  • Developing strategies to preserve assets
  • Ensuring your estate is managed and distributed according to your wishes

Long-Term Care Planning

  • Understanding eligibility requirements and available health care benefits
  • Structuring financial resources to afford long-term care
  • Advising on assisted living, nursing home care, and home-based care options

Guardianship and Conservatorship

  • Helping families establish legal guardianship for older adults and individuals who can no longer make sound decisions
  • Assisting in court proceedings to obtain guardianship if necessary
  • Developing alternatives to guardianship that allow for independence while ensuring necessary oversight

Special Needs Planning

  • Establishing special needs trusts for individuals with disabilities
  • Advising families on providing lifelong care for children or loved ones with disabilities
  • Navigating government benefits like Medicaid and Supplemental Security Income (SSI)

Elder Abuse and Fraud Protection

  • Identifying and preventing financial exploitation and abuse
  • Taking legal action against perpetrators of elder abuse
  • Providing guidance on recognizing signs of neglect or mistreatment

Retirement and Financial Planning

  • Assisting with disability benefits and income support
  • Advising on tax implications for retirees
  • Helping navigate pension and retirement plan options

Why Hire an Elder and Special Needs Law Attorney?

Here’s why hiring an elder and special needs law attorney is a wise choice:

  • Expertise in Aging and Disability Issues: Elder and special needs law attorneys are well-versed in laws and regulations that specifically affect older adults and individuals with disabilities, ensuring you receive the most relevant legal support.

  • Holistic Approach to Planning: Unlike other practitioners, these attorneys provide a comprehensive approach to estate and long-term care planning, focusing on health care, asset preservation, and benefits eligibility.

  • Up-to-Date Knowledge on Changing Laws: Medicaid, Medicare, and disability laws are constantly evolving. An elder and special needs law attorney stays informed about these changes and how they affect clients and their families.

  • Advocacy for Older Adults and People With Disabilities: These attorneys are committed to protecting the rights of older adults and individuals with disabilities, ensuring they receive fair treatment in all legal and financial matters.

The NAELA Difference: Why Hire a NAELA Elder and Special Needs Law Attorney?

The National Academy of Elder Law Attorneys (NAELA) is a professional association dedicated to improving the quality of legal services provided to older adults and individuals with disabilities. When you hire a NAELA member attorney, you get an experienced professional who understands elder and special needs law and is committed to providing effective, ethical legal representation.

  • Specialized Training: NAELA attorneys have advanced knowledge of elder and special needs law and actively participate in continuing education programs.

  • Commitment to Ethical Standards: In addition to their state bar’s rules of professional conduct, NAELA attorneys agree to uphold NAELA Aspirational Standards that assist them in navigating difficult ethical issues that often arise when representing older adults and people with disabilities.

  • Personalized Guidance: NAELA attorneys handle complex cases, offering tailored legal assistance to meet your specific needs.

  • Access to a Network of Resources: NAELA members often work closely with other professionals, including financial planners, health care experts, and social workers, providing a holistic approach to planning.

  • Advocacy for Policy Changes: NAELA attorneys advocate for laws and policies that protect older adults and individuals with disabilities.

Hiring an elder and special needs law attorney is essential for protecting your future or a loved one’s future. Whether you need help with estate planning, long-term care, or special needs planning, an experienced NAELA attorney can provide invaluable guidance.

To find a NAELA attorney in your area, use NAELA’s Find a Lawyer search.

The information on this page provides a general overview of the work done by elder and special needs law attorneys. It is not intended as legal advice. NAELA member attorneys have different areas of expertise, so we encourage you to explore your options and find the right fit.

Copyright © 2025 National Academy of Elder Law Attorneys



To find an elder and special needs law attorney in your area, use NAELA’s Find a Lawyer search.