May is National Elder Law Month, according to the National Academy of Elder Law Attorneys, Inc. Attorneys who specialize in providing legal services to seniors are organizing around the country to put on educational seminars, provide pro bono services, and to raise awareness in communities regarding services available to seniors and people with disabilities.
Elder Law, as a descriptor, is best used to describe legal services involving estate planning, wills, trusts, guardianship and capacity issues, special needs trusts, and tax planning. Typically, "elder law" attorneys draft documents and practice in probate court (as opposed to civil court). An elder law attorney does not necessarily have the expertise and resources to litigate an "elder abuse" case.
An Elder Abuse attorney, on the other hand, does not typically handle the transactional work of wills, trusts, and planning. Rather, they have special skills and expertise in handling complex personal injury litigation, with in-depth knowledge of the laws governing nursing homes, doctors, nurses, and other providers of care to the elderly.
Therefore, when you see the term "elder law" attorney, do not assume the attorney has experience actually filing, investigating, and trying an elder abuse case. By the same token, if you know an elder abuse attorney, do not assume they have estate planning know-how. You have to ask the right questions to find the right person for the job.
