FACTS

• There are approximately 1,200,000 attorneys nationwide.
• Of those, about 400 are Certified Elder Law Attorneys.
• Of those, only 15 Certified Elder Law Attorneys are in Virginia.
• Susan I. Jean is a Certified Elder Law Attorney

What is Elder Law?

Elder Law includes: 

• Public benefits (Medicaid, Veterans' Benefits, Aid & Attendance) 
• Health and long-term care planning 
• Surrogate decision-making (includes powers of attorney and guardianship) 
• Legal capacity 
• Asset protection and Estate planning 
• And more. 

What is Certification?

The American Bar Association (ABA) establishes standards to certify attorneys’ expertise in specialty practices of law.  The National Elder Law Foundation has met the ABA standards, and offers certification of elder law attorneys.  However, there is no procedure in the Commonwealth of Virginia for approving certifying organizations, and so the Virginia State Bar does not recognize any attorney certifications. 

Status as a Certified Elder Law Attorney is granted to those who meet the following rigorous requirements: 

• 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.
• 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.
• 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.

Refer to www.nelf.org for details of the certification.