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. The Board's expectations of an elder law attorney's knowledge are expansive. In advising about these matters the elder law attorney must pay attention to the applicable tax consequences of the action, or the need for more sophisticated tax expertise. Finally, the attorney must be familiar with professional and non-legal resources and services publicly and privately available to meet the needs of the older person, and must be capable of recognizing the professional conduct and ethical issues that arise during representation. As one can see, the Board of Certification seeks to identify attorneys who will be able to determine all the client's needs and either take care of them, or refer the client to someone who can.
Certification is open to licensed attorneys who have been in practice five years or more.
During the three years prior to application they must have spent at least 16 hour per week practicing elder law, must have handled at least 60 elder law matters in specified elder law subject, and must have had at least 45 hours of continuing legal education in elder law. A certified attorney must be re-certified every five years, and has to meet similar requirements. First, certification is a voluntary program. One need not be certified to practice elder law. Thus, while certification will give you information about an attorney who is so certified, it says nothing about the attorney who chose not to go through the certification process.