Aspirational Standards
The elder law and special needs planning practice is unique. It often involves a person whose health and mental condition requires special
care, attention, and protection because he or she may have a memory, mobility, other disabling impairment, chronic condition, or other
illness. Supporting its members to negotiate and protect these clients, the NAELA Aspirational Standards for the Practice of Elder and Special Needs Law Attorneys was created to serve as a source for guidance. Elder law and special needs planning attorneys are, of course,
bound by their state’s Rules of Professional Conduct. But the legal affairs of this particular group of individuals can be more complex and
additional consideration should be given in meeting the needs of clients.
Given the dynamic and evolving nature of elder law and special needs planning, attorneys should, and often must, represent their clients
holistically, adapting and applying information and insight obtained from a wide range of legal and social disciplines. When assisting clients
with planning or the implementation of plans, elder law and special needs planning attorneys often will represent clients who have diminished capacity. Family members and other persons with fiduciary responsibilities also may be involved. The client-attorney relationship in
elder law and special needs planning is not always as clear-cut and unambiguous as in other areas of law. Questions relating to end-of-life
planning, self-determination, exploitation, abuse, long-term care planning, best interests, substituted judgment, and, fundamentally, “who
is the client?” present issues not regularly faced by attorneys in other areas of law. These Standards are designed to assist attorneys provide high-quality counsel, advocacy, and guidance to clients in this unique and specialized area of law.
These Aspirational Standards:
• Assist attorneys in navigating the many difficult ethical issues that often arise when representing elder individuals and individuals with
disabilities;
• Raise the level of professionalism in the practice of elder law and special needs planning; and
• Assist attorneys to effectively meet the needs of their client
This second edition of the Aspirational Standards is the product of three years of study and deliberation by NAELA’s Professionalism and
Ethics Committee.