What is an elder law attorney?

An elder law attorney is a lawyer who focuses on legal services for older adults and people with disabilities. The National Academy of Elder Law Attorneys, founded in 1987, is the professional association for these lawyers and runs a directory to find one. For a family facing dementia, the work often includes powers of attorney, health care directives, wills, trusts, planning for long-term care costs and, when needed, guardianship.

Not always, but one often helps. The Alzheimer's Association says you can complete certain legal documents without a lawyer, but advice from an attorney who specializes in elder law can be especially helpful after a dementia diagnosis. A lawyer can also judge what level of legal capacity a particular document requires, which matters because the person with dementia should sign while they can still understand what they are signing.

Ask about the options for health care and long-term care decision making, the options for managing the person's personal care and property, and what Medicare, Medicaid, veterans benefits and long-term care insurance may cover. The Alzheimer's Association lists these as the key issues to raise with a lawyer after a dementia diagnosis, along with any other concerns your family has about the person's future care and money.

Gather documents about the person's assets before the appointment. The Alzheimer's Association checklist includes an itemized list of assets with current values and named owners, copies of wills, trusts and powers of attorney, real estate deeds, recent income tax returns, life insurance policies, long-term care and health insurance policies, and contact details for family members, caregivers, financial planners and accountants involved in the person's affairs.

Each lawyer sets their own fees, so ask how they charge before you hire one. If cost is a barrier, the National Institute on Aging says families who cannot afford a lawyer can still prepare basic documents, and that Area Agency on Aging officials, state legal aid offices, state bar associations and local nonprofit agencies may offer legal help or referrals. The Eldercare Locator can also point you to legal help.