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NELF
Fact Sheet
Founded:
1993
Current
Certifications:
381 Certified Elder Law Attorneys in 41 states and Washington, D.C.
What is Elder Law
"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 expertise.
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. The certified elder law attorney must also
be familiar with professional and non-legal resources and services publicly
and privately available to meet the needs of the older persons, and be
capable of recognizing the professional conduct and ethical issues that
arise during representation.
What
is Certification
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.
Criteria
-
Licensure
- Attorney must be licensed to practice law in at least one state or
the District of Columbia.
-
Practice
- Attorney must have practiced law during the five years preceding their
application and must still be practicing law.
-
Integrity/Good
Standing - Attorney must be a member in good standing of the bars in
all places in which they are licensed.
-
Substantial
Involvement - Attorney must have spent an average of at least 16 hours
per week practicing elder law during the three years preceding their
application. In addition, they must have handled at least 60 elder law
matters during those three years with a specified distribution among
subjects as defined by the Foundation.
-
Continuing
Legal Education - Attorney must have participated in at least 45 hours
of continuing legal education in elder law during the preceding three
years.
-
Peer
Review/Professional References - Attorney must submit the names of five
references from attorneys familiar with their competence and qualifications
in elder law. These person must themselves satisfy specified criteria.
-
Examination
- Attorney must pass a full-day certification examination.
Exam
Spring & Fall
Potential
Article Topics
Contacts
Certification Coordinator, Maureen Gillespie
Communications Director: Ann Krauss
March 14, 2005
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