Finding an elder law attorney

An elder law attorney is a lawyer who focuses on the legal needs of older adults and people with disabilities. After a dementia diagnosis, this kind of lawyer can help a family put key papers in place. They can also help plan how to pay for care and protect the person from money abuse.^1,2

The best time to see a lawyer is early, while the person with dementia can still take part and sign papers.⁵ This page explains what these lawyers do, how they charge, how to find a good one, and where to get free help if money is tight.

What does an elder law attorney do?

Many lawyers write wills. An elder law attorney looks at the bigger picture. They think about health care, long-term care, money, benefits and family all at once.²

For a family facing dementia, an elder law attorney can help with:^1,2

• Papers that name decision-makers. A durable power of attorney for finances and an advance directive for health care.
• Wills and trusts. See wills and trusts.
• Paying for long-term care. This includes planning for Medicaid, Medicare, and choices like home care, assisted living or a nursing home.
• Guardianship and conservatorship. This is a court process when no papers are in place. A good lawyer will also look at less restrictive options. See guardianship and conservatorship.
• Benefits. This includes Social Security, SSI, disability and veterans benefits.
• Elder abuse and money exploitation. This means stopping it and taking action against the person who did it. See scams and financial abuse.
• Special needs planning, such as a special needs trust for a family member with a disability.

Many elder law attorneys work closely with financial planners, health care experts and social workers.² They may help your family see how one choice, like selling a house, affects other things, like Medicaid.

Why going early matters

Legal capacity means being able to understand a choice and what will happen because of it. If a person understands what a paper means and why it matters, they likely have the capacity to sign it.⁵

Dementia slowly takes this ability away. If the person waits too long, they may no longer be able to sign a power of attorney or a will. Then the family may need to ask a court to name a guardian or conservator, which is a much bigger step.⁴

Different papers need different levels of understanding. A lawyer can tell you what each one requires.⁵ If anyone is unsure whether the person understands, it can help to talk with the person's doctor before signing.⁵

If you have just learned of the diagnosis, see after the diagnosis: the first 30 days and early-stage dementia.

How to find an elder law attorney

You have several good places to start.

1. Ask a lawyer you already know. A family lawyer who does not do elder law can often refer you to one who does.⁴
2. Search the NAELA directory. The National Academy of Elder Law Attorneys is a professional group founded in 1987. Its free "Find a Lawyer" tool on naela.org lists member attorneys.¹
3. Look for a Certified Elder Law Attorney (CELA). This is an extra credential from the National Elder Law Foundation. That foundation is accredited by the American Bar Association to certify lawyers in elder law and special needs law.³
4. Ask the Alzheimer's Association. Your local chapter and its online Community Resource Finder can point you to elder law attorneys near you.^4,5
5. Call the Eldercare Locator. This free national service connects older adults and families with local help. Call 1-800-677-1116.^10,4
6. Ask people you trust. Support groups, your adult day center, social workers and friends who have been through this often know good local lawyers.

NAELA membership and the CELA title do not guarantee a lawyer is right for you. Members have different strengths. Ask about their experience with dementia and with the issue you need help with.²

Check the lawyer before you hire

In Virginia, you can look up any lawyer in the Virginia State Bar's lawyer directory. It shows whether the lawyer is in good standing and whether they have public discipline on record. A separate search shows lawyers who do not carry malpractice insurance.¹¹

This takes a few minutes and is free. It is a good habit for any lawyer you hire.

What it costs

Lawyers set their own fees, so prices vary a lot. Common ways lawyers charge include:

• Hourly. You pay for each hour of the lawyer's time, and sometimes for staff time.
• Flat fee. One set price for a set job, such as a package of a will, power of attorney and advance directive.
• Retainer. Money paid up front, which the lawyer bills against over time.

Ask for an estimate before you start. Medicaid planning and court cases such as guardianship often take more of the lawyer's time than a basic set of papers.

If you disagree about a bill. The Virginia State Bar runs a voluntary Fee Dispute Resolution Program for clients and Virginia lawyers. It offers mediation or binding arbitration. The person who files pays a $20 fee that is not refunded, as of October 2026. In a dispute, it can matter whether the fee was put in writing and explained at the start.¹²

What to bring to the first meeting

The Alzheimer's Association suggests gathering these before you meet the lawyer:⁵

• A list of what the person owns: bank accounts, real estate, cars, and safe deposit box contents. Note the value, who owns each one, and who is named as beneficiary.
• Copies of any will, trust, power of attorney or advance directive already signed.
• Deeds to any real estate and recent income tax returns.
• Life insurance, long-term care insurance and health insurance policies or benefit booklets.
• Names and contact details for family members, caregivers, and any financial planner or accountant.

Questions to ask

About the lawyer

• How much of your work is elder law? How often do you work with families facing dementia?
• Are you a NAELA member or a Certified Elder Law Attorney?
• Who in your office will do the work, and who do we call with questions?

About the plan

• What papers does the person with dementia need now?
• What are our choices for health care decisions and for managing money and property?⁵
• How might we pay for long-term care? What about Medicare, Medicaid, veterans benefits or long-term care insurance?⁵
• What happens if we wait?

About who you work for

• Who is your client: the person with dementia, or the family member who called?
• Can the rest of the family be in the room? When will you want to talk with the person alone?
• How will you keep things private?

About cost

• Is the first meeting free? How long is it?
• Do you charge by the hour or a flat fee? What is included?
• Can I see the fee agreement in writing before we start?

Do not be surprised if the lawyer asks to meet with the person with dementia alone for part of the visit. This helps make sure the choices are truly the person's own. Try not to take this personally. It protects everyone.

Free and low-cost legal help in Virginia

If money is tight, you still have options.

Legal aid. Virginia's legal aid offices may give free civil legal help to people with low income and to older adults. Call 866-534-5243 (866-LEGLAID) to reach the office for your area. The Virginia Law Help website, run by the Virginia Poverty Law Center, also has plain-language guides on benefits, health coverage and protecting vulnerable adults.⁶ Ask about who qualifies when you call.

Help for older adults. Under the federal Older Americans Act, legal services are offered to older adults with economic or social needs. They can help with benefits like Medicaid, Medicare and Social Security, advance directives, guardianship, housing, and elder abuse or money exploitation.⁹ Virginia has 25 local Area Agencies on Aging. They are the front door to local aging services, so ask yours about legal help for older adults.⁸ The Eldercare Locator at 1-800-677-1116 can connect you to yours.¹⁰

Virginia Free Legal Answers. This free website lets people who qualify type in a civil legal question. Volunteer lawyers read the question and post an answer, and you get an email when it is ready. They cannot call you or go to court with you. They also cannot promise an answer before a court date or deadline.⁷

Veterans. For VA benefit claims, help from an accredited representative of a Veterans Service Organization is always free.¹⁴ The Virginia Department of Veterans Services also helps veterans connect with benefits through its benefit offices at no cost.¹⁵ Accredited attorneys and claims agents can usually charge only after the VA decides your first claim, and only with a signed fee agreement on file with the VA.¹⁴ See VA benefits for dementia.

National listings. LawHelp.org lists free and low-cost legal aid programs across the country. It is useful if the person with dementia lives in another state.⁴

When to act quickly

Some situations cannot wait for a regular appointment:

• Someone is taking the person's money or property without permission. Call your bank right away. Report abuse to Adult Protective Services. See signs of elder abuse and neglect.
• A Medicaid or benefit letter has a deadline. Appeals often have short time limits. Call legal aid or your lawyer the same week.
• A nursing home or care facility move is coming soon. Planning before the move can protect a spouse at home. See Medicaid and long-term care.

If anyone is in immediate danger, call 911. If you or the person you care for is in crisis or thinking about suicide, call or text 988.

Legal planning can feel heavy. Talking it through at a family meeting first can help everyone agree on goals. For a picture of the costs ahead, see what dementia care costs.

Education only. This page is general information written from the sources listed. It is not medical, legal or financial advice and does not replace a doctor, therapist or lawyer who knows your situation. How we write and check pages.