Why Elder Law:
Interviews With NAELA Members

By Hannah Shin

What does it mean to practice elder and special needs law right now? We asked four NAELA members, and their answers reveal a field in motion. Below are selected excerpts from conversations about what drew them to this work, where the field is headed, and the challenges shaping it today. Follow the links to read the full interviews.

When did you know you wanted to become an elder law attorney?

I spent about 12 years as a legal aid attorney in Eastern North Carolina, serving as the office’s managing attorney, but also carrying a significant litigation caseload focused largely on high-conflict custody and domestic violence cases. I enjoyed the work, but I began to see signs of burnout and knew I needed to change course. I felt like I was constantly managing chaos and was not fully satisfied with solutions.

Taking a break from litigation, I threw myself into the office’s senior law project. I found that I loved the work and thoroughly enjoyed working with older adults. I also enjoyed working cooperatively, rather than adversarially, with caregivers and gerontology professionals to support positive outcomes and prevent, or at least mitigate, harm.

Elder law offered so many opportunities to create individually appropriate solutions that made people’s lives easier, gave them peace of mind, and saved them money down the line. The professional community was incredibly collegial, and clients appreciated the legal help as well as having someone who genuinely listened to them and explained solutions clearly. The experience really turned the lightbulb on for me, and I have never looked back.

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How has elder law grown as a field during the time you have been in it?

I’ve been practicing for 13 years, and while elder law has existed since the mid-to-late 1980s, it has evolved meaningfully during my tenure so far.

First, the legal and regulatory landscape is constantly shifting. Changes in federal and state law directly affect our field because they alter the planning tools available to us. Elder law is highly policy-driven, so even incremental statutory or regulatory adjustments can significantly reshape practice.

Second, the culture around autonomy and capacity has changed. Movements like the Free Britney case brought national attention to guardianship and decision-making rights. Issues we confront every day — questions of capacity, autonomy, and protection — are now part of a broader public conversation. Developments such as the updated ABA Model Rule 1.14 also reflect a growing effort to reduce discrimination and better support clients with cognitive or mental health disabilities in accessing legal services.

Technology has also had a substantial impact. The accessibility of online information and the rise of AI have changed how clients approach legal issues. Some people try to “Google” their way to Medicaid eligibility without understanding the layered and sometimes severe consequences of missteps. I don’t believe technology will eliminate the need for elder law attorneys, but it does require us to adapt and think carefully about how we deliver services.

Finally, the demographic reality cannot be ignored. The population has aged significantly since I began practicing. That alone has increased demand and heightened the urgency of the issues we address every day.

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What do you consider to be some of the most pressing issues in elder law today?

Medicaid was, at least 15 or 20 years ago, almost a foregone conclusion for many people entering nursing home care or planning to become eligible. It is still critical for a lot of people, but Medicaid rules and resources have become more challenging to navigate, and it should not be a one-size-fits-all approach.

When I meet with clients now about long-term care planning, and there is not an imminent need for nursing home care, we will discuss a variety of options: paying out of pocket, long-term care insurance, a reverse mortgage on their home, or Medicaid if that is needed. It is not one-size-fits-all. The Medicaid program has gotten more constricted, and the nursing home industry has gotten a lot more challenging too. There is not a long-term care system in this country.

Another urgent issue is scams or financial abuse. Scams get a lot of attention, and they steal billions of dollars from people every year. Helping people become aware of these risks and giving them tools to avoid them in the first place can be challenging. Sometimes we use trusts, power of attorney documents, or even guardianships to provide some protection.

I am also fascinated by the balance in elder law between personal autonomy and protective measures. There is a concept — more from disability law, but it applies to older adults too — called the “dignity of risk.” It’s the idea that people have the autonomy to make their own decisions, and if those decisions don’t work out, that’s part of being an independent human being. But if someone takes risks that threaten their personal welfare or finances, then intervention may be necessary. Finding that balance is an interesting thing to navigate and to contemplate.

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What is your hope or vision for the future of elder law and where it is headed?

It’s an interesting question because there are so many different types of elder lawyers. For folks who focus on systemic issues, policy, and litigation, I hope the future will bring more focus on health care, economic security, and bringing stability to the lives of older adults and people with disabilities.

For folks who are private attorneys out in the trenches, representing individuals and doing traditional elder law work, I think it’s continuing to have an expansive view of what elder law is and maybe being even more connected as a community so we are all talking to each other and hearing from each other — private attorneys hearing from people who are working on policy and systemic issues and also from people who are working in nonprofit settings, like legal aid. They can help each other where it makes sense to do so. Essentially, ensuring some of the silos are brought down.

There are many areas of elder law and many types of elder law attorneys, so my hope is that there is more and more communication among them. We can all listen to and learn from each other.

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