Hire an elder law attorney before the move when timing affects the outcome. Get help early if Medicaid may be needed within the next five years or a spouse will stay at home. The same goes if the house will be sold or transferred, or if your parent lacks a valid power of attorney or capacity is in doubt. Call one, too, if a contract or discharge is disputed. NAELA's directory and NELF's list of Certified Elder Law Attorneys can help you find one.
Key facts
- 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, 2008)
- For 2026, each state sets the Medicaid protected resource amount for a spouse at home between $32,532 and $162,660. (CMS, 2026)
- The National Elder Law Foundation says it is the only national organization accredited by the American Bar Association to certify attorneys in elder and special needs law. (NELF, undated)
- CELA certification requires at least five consecutive years in practice, an average of 16 hours a week in elder law and at least 60 elder law matters over the prior three years, and 45 hours of elder law continuing education in three years. (NELF, undated)
- Veterans Service Organization representatives accredited by VA help with VA pension claims for free. (VA.gov, undated)
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 back 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 and the situations where early advice matters most. It also shows how to find and check one, and how fees usually work.
What an elder law attorney does
Elder law is a broad field that covers many kinds of work. The National Academy of Elder Law Attorneys (NAELA) lists the areas its members work in. They include estate planning, long-term care, Medicare and Medicaid planning, and guardianship. They also include elder abuse, Social Security benefits and special needs planning. NAELA says these lawyers often work alongside financial planners, health care workers and social workers.
For an assisted living move, that usually means some mix of these tasks:
- 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
In these situations, 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, and a transfer can trigger penalties. Either is hard to undo once it's done. |
| 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 sign 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. You may be fine for now if a few things are true. Your parent can easily pay privately for many years and has a current power of attorney and health care directive. They aren't married, or their spouse is moving too. And they aren't planning gifts or a house transfer.
Even then, one short meeting to review existing documents can be worth it. That's especially true 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 was founded in 1987. It is a professional group of lawyers who work with older adults and people with disabilities.
- Certified Elder Law Attorneys (CELA). The National Elder Law Foundation (NELF) certifies lawyers in elder and special needs law. It says it is the only national group accredited by the American Bar Association to do so. It keeps a directory.
- Your state bar's lawyer referral service can suggest local lawyers who practice elder law.
- 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. Make sure the attorney is licensed and in good standing in your parent's state. Medicaid and property rules differ from state to state.
According to NELF, CELA certification has a long list of requirements. The lawyer needs at least five years in a row in practice. Over the prior three years, they need an average of 16 hours a week in elder law and work on at least 60 elder law matters. They also need 45 hours of elder law continuing education in three years. On top of that come five attorney references, good standing with every bar, and a passed exam. A lawyer without the certification may still have lots of experience. Ask how much of their work is elder law.
Ask these screening questions on the first phone call. They draw on NAELA's advice for consumers and the situations above.
- How long have you practiced elder law, and how much of your practice is elder law?
- Do you handle Medicaid applications and planning in this state yourself?
- Who would do the work on our case: you, another attorney, or a paralegal?
- If a VA pension claim is involved, are you VA-accredited?
- How soon 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. The plan also has a shared costs log. Walking into a consultation with that in hand can save time.
Get your first 3 days freeHow fees work
NAELA describes several ways elder law attorneys charge:
- Hourly, sometimes with different rates for the attorney, paralegals and assistants.
- Flat fees for a defined job, such as a set of documents or a Medicaid application.
- A mix of the two.
NAELA suggests asking whether the first consultation is free and, if not, what it costs. Ask too how often you'll be billed and which out-of-pocket costs are extra. Get the agreement in writing. Check what a flat fee includes as closely as you'd compare assisted living price lists.
Who will the client be?
If the legal work is about your parent's money, documents or benefits, the client will normally be your parent. That holds even if you make the call and pay the bill. It protects your parent, because the attorney must follow their wishes and keep what they say private. Expect the attorney to want to speak with your parent directly, sometimes alone.
When you call the office, you could say: "I'm calling about my mother. She 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. That post 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)?
It is 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.
When should you hire an elder law attorney for a parent's move?
Hire one before the move when timing affects the outcome, for example if Medicaid may be needed within the next five years, a spouse will stay at home, or the house will be sold or transferred. The same goes if your parent lacks a valid power of attorney, capacity is in doubt, or a contract or discharge is disputed. Several benefit rules look back in time, and states review asset transfers from the 60 months before a Medicaid long-term care application.
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)