Lawyer Specialization: Selecting a Certified Elder Law Attorney
[Note: this article is reprinted courtesy of Pennsylvania CELA Jeffrey Marshall. It first appeared on his blog, The Marshall Elder & Estate Planning Blog.]Lawyer Specialization: Selecting a Certified Elder Law Attorney
What is Lawyer Certification
Maybe
you have never needed the services of an attorney before; but now you
do. Obviously, you want to find a lawyer who is an expert in the area of
law relating to your legal needs and can best handle your particular
legal situation.
To help you find such a lawyer, the Pennsylvania Supreme Court has established rules for the certification of lawyers who are proven experts in a particular area of law. Certification is designed to help the public make informed decisions when selecting a lawyer. It can help you make a smart choice when you chose a lawyer to represent you.
To help you find such a lawyer, the Pennsylvania Supreme Court has established rules for the certification of lawyers who are proven experts in a particular area of law. Certification is designed to help the public make informed decisions when selecting a lawyer. It can help you make a smart choice when you chose a lawyer to represent you.
At the
present time Pennsylvania lawyers can be certified in the following
areas of law: Civil Trial Advocacy, Criminal Trial Advocacy, Family Law
Trial Advocacy, Elder Law, Business Bankruptcy, Consumer Bankruptcy, and
Creditors’ Rights. Certification is recognition by the Pennsylvania
Supreme Court of the competency and experience of attorneys who have
been certified in those areas of law. Consumers who need expert help in
one of these legal areas can look for a lawyer who has proven his or her
skill by attaining certification.
How can you Find a Certified Elder Law Attorney
Let’s
say that your wife or mother needs nursing home care and your family
needs help with the complicated issues that arise in that situation.
This is an area where you could use the legal guidance of a certified elder law attorney. How do you find one?
Trying
to find a certified specialist in elder law is not all that easy.
First, you need to understand that all lawyers are allowed to advertise
that they practice in any legal area. A lawyer who does mostly real
estate work can advertise that they handle criminal cases. An
attorney who is not certified can nevertheless advertise that they
practice “elder law.” No experience or special skill is needed.
This
means the consumer has to recognize the keys words that are evidence of
certification. Only lawyers who have met the Supreme Court’s
requirements for certification are allowed to identify themselves as
“Certified” or as a “Specialist” in an area of law. Certified Elder Law
Attorneys usually use the abbreviation “CELA” (for Certified Elder Law Attorney) to signify their certified status. So, in seeking out a certified specialist in elder law you need to look for one of these three key words: Certified or Specialist or CELA.
Only a lawyer who has met all of the high standards set by the Supreme
Court can say that they are Certified or a Specialist or a CELA.
Marshall,
Parker & Associates has 5 CELAs working at its four office
locations in Williamsport, Jersey Shore, Wilkes-Barre and Scranton,
Pennsylvania. You can contact any one of these offices to set up an
appointment with a Certified Elder Law Attorney. If you are located out
of these geographic areas, the National Elder Law Foundation maintains a
list of all of the Certified Elder Law Attorneys in Pennsylvania (as
well as other states). To find one in your geographic area you can visit the Foundation’s website at www.nelf.org.
What are the Criteria for Certification as an Elder Law Attorney
What are the Criteria for Certification as an Elder Law Attorney
Lawyers
who are certified in elder law typically deal with issues such as:
protecting assets from the cost of long term care whether at home or in a
nursing facility; Medicare and Medicaid; wills, trusts and estate
planning; representation of trustees and executors; health and personal
care planning; tax planning for seniors; financial and health care power
of attorney; special needs trusts; Veterans pension benefits;
guardianship; public benefits programs and insurance; probate and
winding up the affairs of someone who has died; protecting the rights of
residents of long-term care facilities; retirement matters; reducing
income, estate, inheritance and gift taxes; and claims against nursing
homes.
A lawyer
must demonstrate expert knowledge in the areas of elder law by passing a
tough full-day certification examination. (This examination is failed
by a majority of the lawyers who take it). The lawyer must receive
positive peer reviews from at least five attorneys who are familiar with
their competence and qualifications in elder law. In addition, the
lawyer must have had substantial experience in dealing with elder law
matters and they must have participated in at least 45 hours of
continuing legal education in elder law during the preceding three
years. The above requirements are difficult to meet.
Certification In Elder Law Available To Attorneys
Tucson, Ariz. - The National Elder Law Foundation, through its Board of Certification (Board), has announced a program ...
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