Hire an elder law attorney before the move when timing affects the outcome: Medicaid may be needed within the next five years, a spouse will stay at home, the house will be sold or transferred, your parent lacks a valid power of attorney or capacity is in doubt, or a contract or discharge is disputed. NAELA's directory and NELF's list of Certified Elder Law Attorneys help you find one.
It's easy to put off calling a lawyer until something forces it: a Medicaid denial, a house closing that can't happen, a discharge notice. By then, some options are gone, because several benefit rules look backward in time. This post helps you decide whether your parent's move needs an elder law attorney, and when. It covers what these lawyers do, the situations where early advice matters most, how to find and check one, and how fees usually work.
What an elder law attorney does
Elder law is a practice area, not a single task. The National Academy of Elder Law Attorneys (NAELA) lists estate planning, long-term care, Medicare and Medicaid planning, guardianship, elder abuse, Social Security benefits and special needs planning as the areas its members work in. NAELA also describes elder law attorneys as working alongside financial planners, health care professionals and social workers.
For an assisted living move, that usually means some mix of:
- Reviewing or drafting a power of attorney, health care directive and will
- Planning for Medicaid or VA pension eligibility, including the effect of gifts and a house sale
- Protecting a spouse who stays at home
- Reviewing the residency agreement
- Guardianship, if your parent can no longer decide and has no valid documents
- Responding to a discharge notice or suspected financial exploitation
Seven situations where timing matters
These are the situations where advice before the move tends to be worth more than advice after it:
| Situation | Why timing matters |
|---|---|
| Medicaid may be needed within about five years | States review asset transfers from the 60 months before a Medicaid long-term care application, and transfers for less than fair market value can delay coverage (CMS). |
| A spouse will stay at home | Federal spousal impoverishment rules protect part of the couple's assets and income. For 2026, the protected resource amount is set by each state between $32,532 and $162,660 (CMS). How assets are arranged matters. |
| The house will be sold, rented or transferred | A sale changes Medicaid and VA eligibility; a transfer can trigger penalties. Once it's done, it's hard to undo. |
| No valid power of attorney, or capacity is in question | If your parent can still sign, documents can be done now. If not, a court process such as guardianship may be the only route. |
| VA pension is planned and assets may be moved | VA has its own look-back on asset transfers before a pension claim (see VA Aid and Attendance). Get advice before moving money. Anyone helping with the VA claim itself should be VA-accredited. |
| The residency agreement has terms you don't understand | Review is cheapest before signing: refunds, discharge terms, arbitration clauses, who is financially responsible. |
| Siblings disagree about money, or you suspect exploitation | An attorney can explain duties and options before relationships or assets are damaged. |
If two or more of these apply, that is a strong signal to book a consultation before the move. The Medicaid and assisted living post and the selling the house post explain the rules behind the first three rows.
When you may not need one yet
Not every move needs a lawyer right away. If your parent can comfortably pay privately for many years, has a current power of attorney and health care directive, isn't married or has a spouse moving too, and isn't planning gifts or a house transfer, you may be fine for now.
Even then, one short consultation to review existing documents can be worthwhile, especially if they're more than a few years old or were signed in another state. Ask the attorney whether a bank or title company is likely to accept them as written. See power of attorney before an assisted living move for what to check.
How to find and check an elder law attorney
- NAELA's directory. Search by ZIP code and distance on naela.org. NAELA, founded in 1987, is a professional association of attorneys working with older adults and people with disabilities.
- Certified Elder Law Attorneys (CELA). The National Elder Law Foundation (NELF) certifies attorneys in elder and special needs law and says it is the only national organization accredited by the American Bar Association to do so. It keeps a directory.
- Your state bar's lawyer referral service can suggest attorneys who practice elder law locally.
- Free or low-cost help. If money is tight, ask your local Area Agency on Aging whether legal help for older adults is available.
- Check the license. Confirm the attorney is licensed and in good standing in your parent's state, since Medicaid and property rules are state-specific.
What CELA certification requires, per NELF: at least five consecutive years in practice; an average of 16 hours a week in elder law over the prior three years; work on at least 60 elder law matters in three years; 45 hours of elder law continuing education in three years; five attorney references; good standing with every bar; and passing an exam. A lawyer without the certification may still be very experienced; ask how much of their practice is elder law.
Screening questions for the first phone call, drawn from NAELA's consumer guidance and the situations above:
- How long have you practiced elder law, and what share of your practice is elder law?
- Do you handle Medicaid applications and planning in this state yourself?
- Who would do the work on our matter: you, another attorney, or a paralegal?
- Are you VA-accredited, if a VA pension claim is involved?
- How quickly could you meet, given our move date?
Bring an organized picture to the first meeting
Parent Move Plan keeps the move's tasks, dates and decisions in one Google Sheet, and the Complete version adds a shared costs log. Walking into a consultation with that in hand can save time.
Build your plan in 2 minutesHow fees work
NAELA describes several ways elder law attorneys charge:
- Hourly, sometimes with different rates for the attorney, paralegals and assistants
- Flat fees for defined work, such as a set of documents or a Medicaid application
- A combination of the two
NAELA's guidance is to ask whether the first consultation is free and, if not, what it costs; how often you'll be billed; which out-of-pocket expenses are extra; and to get the agreement in writing. Compare what's included in a flat fee as carefully as you'd compare assisted living fee schedules.
Before you call: who the client is
If the legal work is about your parent's money, documents or benefits, the client will normally be your parent, even if you make the call and pay the bill. That protects your parent: the attorney must follow their wishes and keep their confidences. Expect the attorney to want to speak with your parent directly, sometimes alone.
What to say when you call the office: "I'm calling about my mother, who is 84 and moving into assisted living next month. We have questions about Medicaid planning, her house, and whether her power of attorney is still valid. She'd like to meet with an elder law attorney. Is the first consultation free, how do you charge, and what should we bring?"
Then prepare with questions to ask an elder law attorney at the first meeting, which includes a document checklist.
Frequently asked questions
What does an elder law attorney do?
According to NAELA, elder law attorneys work on estate planning, long-term care, Medicare and Medicaid planning, guardianship, elder abuse, Social Security benefits and special needs planning. For an assisted living move, they typically help with benefits planning, legal documents, the house and contract questions.
What is a Certified Elder Law Attorney (CELA)?
A lawyer certified by the National Elder Law Foundation, which says it is the only national organization accredited by the American Bar Association to certify attorneys in elder and special needs law. Applicants need years of practice, a minimum volume of elder law work, continuing education, peer references and an exam.
How much does an elder law attorney cost?
Fees vary by attorney and region. NAELA notes that some charge by the hour, with different rates for attorneys and staff, some charge flat fees, and some combine the two. Ask whether the first consultation is free and get the fee agreement in writing.
Can I hire an elder law attorney for my parent?
You can arrange and even pay for it, but the attorney will usually represent your parent, whose wishes and confidentiality come first. Ask at the start who the client is and what the attorney can share with you.
Do we need an attorney for a VA pension claim?
Not necessarily. Veterans Service Organization representatives accredited by VA help for free. If you do hire an attorney for a VA matter, make sure they are VA-accredited.
Sources
- NAELA: Why Hire an Elder and Special Needs Law Attorney (accessed Sept 2026)
- NAELA: Q and A When Hiring an Attorney (accessed Sept 2026)
- NAELA: Find a Lawyer directory (accessed Sept 2026)
- National Elder Law Foundation: CELA certification (accessed Sept 2026)
- National Elder Law Foundation: Qualifications (accessed Sept 2026)
- CMS: Transfer of Assets in the Medicaid Program (accessed Sept 2026)
- CMS: Updated 2026 SSI and Spousal Impoverishment Standards (accessed Sept 2026)
- VA.gov: VA accredited representative FAQs (accessed Sept 2026)