The National Elder Law Foundation (NELF), founded in 1993, is the only organization approved by the American Bar Association and the Ohio Supreme Court to offer certification in the area of elder law. The purpose of the certification program is to identify those lawyers who have the enhanced knowledge, skills, experience, and proficiency to be properly identified to the public as certified elder law attorneys.
As defined by the Rules and Regulations of the Board of Certification, "Elder Law" is the legal practice of counseling and representing older persons and their representatives about the legal aspects of health and long-term care planning, public benefits, surrogate decision-making, older persons’ legal capacity, the conservation, disposition and administration of older persons’ estates and the implementation of their decisions concerning such matters, giving due consideration to the applicable tax consequences of the action, or the need for more sophisticated tax experience. In addition, attorneys certified in elder law must be capable of recognizing issues of concern that arise during counseling and representation of older persons, or their representatives, with respect to abuse, neglect, or exploitation of the older person, insurance, housing, long-term care, employment, and retirement.
Some of the criteria for certification are devoting a substantial amount of time each week for the past three years practicing elder law, as well as handling at least sixty elder law matters during those three years. At least 45 hours of continuing legal education in elder law must be completed during the past three years. In addition there is an all-day certification examination covering fourteen practice areas (listed on the reverse side).
The period of certification is for five years. For re-certification the applicant must pass another examination regarding changes in the law, continue substantial involvement in the practice of elder law, participate in at least sixty hours of continuing legal education over four years, and peer review recommendations as to competence.
As of January 1, 2003, there are approximately 16 Certified Elder Law Attorneys in Ohio and 210 nationally in 31 states. For more information on the certification process, contact Deborah J. Barnett at the National Elder Law Foundation, 1604 North Country Club Road, Tucson, AZ 85716-3102, or call (520) 881-1076.
1. Health and Personal Care Planning, including giving advice regarding, and preparing, advance medical directive (medical powers of attorney, living wills, and health care declarations) and counseling older persons, attorneys-in-fact, and families about medical and life-sustaining choices, and related personal life choices.
2. Pre-Mortem Legal Planning, including giving advice and preparing documents regarding wills, trusts, durable general or financial powers of attorney, real estate, gifting, and the financial and tax implications of any proposed action.
3. Fiduciary Representation, including, seeking the appointment of, giving advice to, representing, or serving as executor, personal representative, attorney-in-fact, trustee, guardian, conservator, representative payee, or other formal or informal fiduciary.
4. Legal Capacity Counseling, including advising how capacity is determined and the level of capacity required for various legal activities, and representing those who are or may be the subject of guardianship/conservatorship proceedings or other protective arrangements.
5. Public Benefits Advice, including planning for and assisting in obtaining Medicare, Medicaid, Social Security, Supplemental Security Income, Veterans Benefits, and food stamps.
6. Advice on Insurance Matters, including analyzing and explaining the types of insurance available, such as health, life, long-term care, home care COBRA, medigap, long-term disability, dread disease, and burial/funeral policies.
7. Resident Rights Advocacy, including advising patients and residents of hospitals, nursing facilities, continuing care retirement communities, assisted living facilities, adult care facilities, and those cared for in their homes of their rights and appropriate remedies in matters such as admission, transfer and discharge policies, quality of care, and related issues.
8. Housing Counseling, including reviewing the options available and the financing of those options such as: mortgage alternatives, renovation loan programs, life care contracts, and home equity conversion.
9. Employment and Retirement Advice, including pensions, retiree health benefits, unemployment benefits, and other benefits.
10. Income, Estate and Gift Tax Advice, including consequences of plans made and advice offered.
11. Counseling about tort claims (personal injury) against nursing homes.
12. Counseling with regard to age and/or disability discrimination in employment and housing.
13. Litigation and Administrative Advocacy in connection with any of the above matters, including will contests, contested capacity issues, elder abuse (including financial or consumer fraud), fiduciary administration, public benefits, nursing home torts, and discrimination.
14. Ethics, including recognizing the professional conduct and ethical issues that arise during representation.