Powers of attorney and legal protection
Finding Elder Law Assistance and Affordable Legal Services
Where to find an elder law attorney, free legal aid, and Area Agency on Aging referrals, plus the fee and experience questions to ask before you hire.
Elder law is the part of law that deals with the needs of older adults. It covers wills, powers of attorney, care costs, benefits, and protection from abuse. Many people put off getting legal help because they fear the cost. This guide shows where to find an elder law attorney, where to find free or low-cost help, and what to ask before you hire anyone.
Key takeaways
- Start with free sources. Your Area Agency on Aging can point you to legal help near you.
- The Eldercare Locator at 800-677-1116 connects you to local services in any state.
- Legal aid groups give free help to people with low income.
- Ask about fees at the first meeting. Get the fee terms in writing.
- Bring your documents and a short list of goals to the first meeting.
What an elder law attorney does
An elder law attorney helps with the legal side of aging. Common tasks include these items.
Not all lawyers do this work. A lawyer who does wills may not know Medicaid rules well. Look for a lawyer whose main work is elder law or estate planning for older adults.
- Draft a will or update an old will.
- Set up a power of attorney for money and for health care.
- Plan how to pay for long-term care.
- Help with Medicare and Medicaid applications and appeals.
- Set up a plan for a spouse or a family member with a disability.
- Act when an older adult faces abuse, neglect, or fraud.
Start with free and low-cost sources
You may not need to hire a private lawyer at all. Try these sources first.
Your Area Agency on Aging
Each county or region has an Area Agency on Aging. These local groups help older adults find services near home. Many of them fund legal help for people age 60 and older under the Older Americans Act. Call the Eldercare Locator at 800-677-1116 (Administration for Community Living, checked 2026-11-08) and give your ZIP code. You will get the name and phone number of your local agency. Ask that agency about legal services, benefits advice, and referrals to elder law attorneys.
Legal aid groups
Legal aid groups are nonprofit law firms. They give free legal help to people who cannot afford a lawyer. Most groups use an income test. They often help with housing, benefits, debt, and abuse cases first, since those cases affect safety and income most. Some legal aid groups have staff who focus on older adults and can help with powers of attorney and simple wills.
State bar and law school clinics
Your state bar group keeps a lawyer referral list. Some bar groups run low-fee panels for set tasks. Law schools run clinics where law students help the public under a licensed teacher. Clinics often help with wills, powers of attorney, and benefits appeals at no cost or low cost.
Why acting early helps
Older adults reported $2.4 billion in losses to fraud in 2024 (Federal Trade Commission, Protecting Older Consumers 2024, via the hub statistics table). A lawyer or legal aid group can help you act fast after fraud, set up a power of attorney before a crisis, and put safeguards in place while you can still make your own choices. Early help costs less than court action later.
How to find a private elder law attorney
If you need a private lawyer, use more than one source so you can compare.
Read more in our sibling guides on durable power of attorney terms, choosing a trustworthy financial agent, and guardianship, conservatorship, and other options.
- Ask your Area Agency on Aging for names of local elder law attorneys.
- Ask friends or a faith group who they used and if they were pleased.
- Check your state bar site to confirm the lawyer is licensed and in good standing.
- Look for a lawyer whose office is near you and who meets in person if you want that.
What to ask before you hire
Ask these questions at the first meeting or on the first call.
A good lawyer answers in clear terms and does not rush you. Walk away if a lawyer asks for a large cash payment up front with no written terms, or if a lawyer pressures you to sign at once.
- How much of your work is elder law?
- Have you handled a case like mine before?
- What will you charge, and how do you bill? Is the first meeting free?
- Will you put the fee terms in writing?
- Who will do the work, you or another person in your office?
- How long will the work take?
- What documents should I bring?
What to bring to the first meeting
Bring what you have. You do not need a perfect file.
Good records help your lawyer give clear advice and keep your costs down.
- A list of your goals in your own words.
- Copies of your will, powers of attorney, and deeds, if you have them.
- A list of bank accounts, property, and debts, with rough values.
- Benefit letters from Social Security, Medicare, or Medicaid, if your case is about benefits.
- Names of the people you want to name as agents or executors.
Who covers what
- Medicare: Medicare does not pay for legal services. Medicare covers health care, not lawyer fees.
- Medicaid: Medicaid does not pay your lawyer fee for you. But legal planning can affect Medicaid eligibility for long-term care, so advice from an elder law attorney or a free legal aid group can help you follow the rules in your state.
- Private pay: If you hire a private lawyer, you pay the fee. Some lawyers charge a flat fee for a will or a power of attorney. Others bill by the hour. Legal aid, Area Agency on Aging legal programs, and law school clinics can cost nothing for people who qualify.
Sample Situation
James is 79 and cares for his wife at home. He has no power of attorney and worries about what will happen if he gets sick. He calls the Eldercare Locator at 800-677-1116 and gets the number for his local Area Agency on Aging. The agency tells him about a free legal clinic at a local law school. At the clinic, a law student and a licensed teacher help James draft a power of attorney for money and for health care. James names his adult daughter as his agent and his niece as backup. The clinic charges him nothing. James takes copies home, gives one to his daughter, and keeps one with his will. He now has a plan in place if he cannot act for himself.
Watch out for scams
Be careful with offers that sound too good. Do not pay a person who knocks on your door and offers to set up a trust for a large fee that day. Do not sign papers you do not understand. A trusted lawyer will give you time to read, ask questions, and think. If you suspect fraud, report it to your state attorney general and to the Federal Trade Commission.
Your next step
Legal help often ties in with the cost of care. See our main section on paying for care to learn how care is paid for, who covers what, and what questions to ask before costs grow.
Sources
Next step on Care and Living Guide
Paying for care — See who pays for care — Medicare, Medicaid, and private pay.