Courtesy of Susan Hindman

As we age with good health, it’s tempting to avoid facing the inevitable and seek advice from a lawyer as to how to safeguard our future. Who will take care of my house if I’m suddenly incapacitated? Don’t want to think about it. Where will I go, and how will I pay for care? Once again, don’t want to think about it.

Elder law specialists know this scenario, and many others, too well. “When people have problems, they come out of the woodwork,” says Stephen J. Silverberg, elder law attorney and president of the National Academy of Elder Law Attorneys (NAELA). And if bad decisions have already been made—like when someone calls and says, “I just did this, what do I do now?”—it’s up to the attorney to fix them. If you decided to give your house to your kids, without asking for advice first, he said, you may be looking at “horrendous tax effects and (it) may disqualify you for Medicaid.” Actions have greater unintended legal consequences these days.

In elder law, Silverberg says, “You’re dealing with any issue that a senior or any individual with special needs may face.” That can be anything from preparing a will or power of attorney to protecting a senior from creditors or advising them about reverse mortgages. “It’s making sure that what they need is taken care of.” On top of that, “It’s a little bit of social work”—how to deal with survivors, how to deal with families that have problems. “It’s a very, very broad area, but it tends to be very detail oriented.”

Unlike financial advisors, who have various certifications, elder law attorneys have only one national certification that verifies this is their specialty. It’s the designation of certified elder law attorney, or CELA, which has been administered for nearly 14 years. The accompanying test is tough, with a pass rate of 30% to 40%. Just over 400 attorneys in the country are certified. “It’s very rigorous,” Silverberg says. “Lawyers have to be pretty well-rounded to pass it.”

The test is administered by the National Elder Law Foundation (NELF), a not-for-profit organization established in 1993 for that purpose. Some states also have their own certification for elder law. The national certification falls under the auspices of the American Bar Association.

Among the prerequisites to taking the exam are spending at least 16 hours a week practicing elder law, having extensive case experience in elder law, and having at least 45 hours of continuing legal education in elder law over a specified period. Once you’re certified, you must be recertified—requiring the same prerequisites—every five years. “It shows a commitment to this profession to put yourself through this,” Silverberg said.

And then, depending on the state, a certified elder law attorney may not even be able to boast the credential. That’s because some states don’t allow specialization, Silverberg said. In New York, where he lives, “I can’t say I specialize in elder law. I can say I concentrate in elder law.”