What is Elder Law?

Elder Law and Special Needs Planning is the integration of the legal system with social and medical concerns for the benefit of the client and their family and encompasses all aspects of planning, counseling, educating and advocating for clients. An elder law and special needs planning attorney assists clients and their families to ensure clients have the best possible care. The elder law and special needs planning practice is unique as it requires a holistic approach and often involves a person whose health and mental state requires special care, attention, and protection. Elder law and special needs planning encompasses many different fields of law. Some of these include:

  • Asset protection
  • Medicare claims and appeals
  • Social Security and disability claims and appeals
  • Supplemental and long-term health insurance issues
  • Tax planning
  • Disability planning
  • Access to health care in a managed care environment
  • Conservatorships and guardianships
  • Estate planning, including the use of trusts, wills, and other planning documents
  • Probate and administration of estates
  • Administration and management of trusts
  • Nursing home issues, including questions of patients’ rights and nursing home quality
  • Elder abuse and fraud recovery cases
  • Housing issues, including discrimination and home equity conversions
  • Age discrimination in employment
  • Retirement, including public and private retirement benefits, survivor benefits, and pension benefits
  • Health law
  • Mental health law

Further reading: Molly Dear Abshire's blog post What is Elder Law?

For more information, visit the National Academy of Elder Law Attorneys, Inc. website (the umbrella organization of Texas NAELA). 

Consumer Alert
A Warning on Medicaid Planning
Did You Know?
Texas Human Resources Code Section 12.001 states that non-attorneys are prohibited from charging a fee for assisting or representing a person in obtaining Medicaid benefits.
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