What is Elder Law?

June 20, 2024

As we and those around us get older, we encounter unique obstacles and challenges

that require specialized legal assistance. Addressing these issues early on through

elder law is crucial to avoid difficulties that could negatively impact our well-being.

What is Elder Law?

Elder law is a specialized legal practice that focuses specifically on the needs of older

adults, which may include cases surrounding estate planning, long-term care,

guardianship, and protection against elder abuse. The goal of elder law is to protect

seniors’ rights, assets, and well-being through tailored legal advice and solutions.

This type of law is especially important because it helps to prevent and/​or address

potential legal and financial difficulties that older adults may face and ensures they can

age with dignity and security. An elder law attorney can assist in developing a plan that

provides peace of mind and stability for both the elderly and their families.

What are some common Elder Law cases?

Even though there are various types of cases that fall under elder law, some of the most

common cases revolve around estate planning, Medicaid planning, and elder abuse and


Estate Planning involves creating legal documents to manage and distribute a person’s

assets and property both during their lifetime and after their death. This process

includes drafting wills, establishing trusts, and setting up powers of attorney to

designate individuals who can make financial and healthcare decisions on the elderly

person’s behalf.

Medicaid is a program that provides health coverage and long-term care for low-income

seniors. It can assist in covering the costs of nursing homes, assisted living facilities,

and in-home care. An attorney can assist in structuring assets and income to qualify for

benefits, ensuring that you receive full coverage for necessary care without depleting

your financial resources.

Elder abuse and neglect cases address and prevent physical, emotional, or financial

harm to older adults, protecting their general safety and well-being. Legal interventions

in these cases can typically include restraining orders, guardianship appointments,

and/​or financial restitution and can ensure that vulnerable seniors receive the care and

respect they deserve and are legally required to have.

For seniors and their families, addressing elder law concerns can be a challenging and

emotional process. These cases often involve very sensitive issues, so it is essential to

have a knowledgeable lawyer to get you or your family members the protection they


Our team at Ball Eggleston is here to help, providing the support needed to navigate

these complex situations and ensure the best possible outcomes for you and your loved