What Exactly is Elder Law?

By Todd Whatley, Certified Elder Law Attorney

Todd Whatley  graduated from the Bowen school of law in 1998. He has been in private practice since 1999 and focused on elder law since 2000. He became Arkansas’ second Certified Elder Law Attorney in 2006. In 2011, Todd began serving on the board of the National Elder Law foundation, and became president of NELF on June 1, 2016. 

Elder Law is a legal specialty that is relatively new.  The need for elder law came about with two things that basically collided.  The fact that Americans are now turning 65 at the rate of 10,000 per day.  That’s been going on for quite a few years and will do so until about 2030.  These people have very specific legal needs as they turn older.  The second thing that facilitated the need for Elder Law attorneys was the fact that these people either are or may very likely be using two federal programs that are very complex: Medicare and Medicaid.  Add to that fact that aging veterans may also be entitled to another very complicated, and little known benefit, Veteran’s Improved Pension.

The Elder Law specialty, designated by the title Certified Elder Law Attorney (CELA), is relatively new.  The first attorneys to qualify for this designation did so in the 1990’s.  The American Bar Association realized that the aging population had very specific and unique legal issues and needed attorneys that were deemed knowledgeable in this area.  Therefore, the CELA designation was created.  Today the CELA certification is administered through the National Elder Law Foundation, a national non-profit.  I am very privileged to be the President of this organization through May of 2018,

What exactly is Elder Law?  Elder law is the legal specialty that works with the elderly, those with special needs (disabilities) and their families.  An Elder Law attorney usually focuses on estate planning with a focus on documents that will facilitate the inheritance of your estate the way that you want and with as little expense as possible.  Elder law attorneys are then also experienced in the public benefits of Medicaid and VA benefits to help pay for the significant expense of long term care.  Many times, we can obtain these benefits while preserving significant resources for the non-institutionalized spouse or for the family.  We work with families that are dealing with the decrease in capacity of an elderly loved one and help ensure their well-being and avoid abuse of that individual.  

Our work with special needs may seem somewhat out of place but it grew out of our unique understanding of the Medicaid system and dealing with other disabilities common in the elderly but may be seen in younger population.  Also, many times our elderly clients may want to leave a legacy to a disabled child but not interrupt their receipt of public benefits.  Therefore, elder law attorney are uniquely qualified to work with those with special needs and help their families help them the best way possible.

Elder law is growing.  The 500th CELA should be certified within the next few months of 2017.  Any attorney can essentially do any type of law.  However, the practice of working with the elderly has very unique knowledge requirements and a special blend of talents.  Working with a CELA will ensure that your attorney has been vetted by a national organization, tested and recommended by other attorneys as an attorney well versed in the issues of the elderly.

As President of the National Elder Law Foundation, I have had the privilege to meet hundreds of elder law attorneys.  I think I can say this is one of the very few areas of the law where the attorneys love their job.  I love my job.  I get to work with people that are very grounded in their life, their faith and their families.  They want to do what they can to protect themselves but many times they want to protect and leave something to their families.  Oh the stories I could tell.  My clients will say just about anything and pretty much every meeting is unique and offers an exciting opportunity to help my client and their family in ways that they may never even considered many times preserving the estate they worked so hard to create.  Please, if you or your loved one is elderly, seek the advice of a Certified Elder Law Attorney to know that the advice you get will be targeted to your specific needs.

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