44 msfocusmagazine.org Selecting a Lawyer Specializing in Elder Law Exclusive Content You may have never needed the services of an attorney before, but when it comes to planning for future care, maybe nowyou do. Obviously,youwant a lawyerwho can handle your particular legal situation and who has expertise in the area of law relating to your legal needs. To assist you in finding such a lawyer,lookfora“BoardCertification”program for lawyers. The program is designed to help the public make an informed decision when seeking and selecting a lawyer. While all lawyers are allowed to advertise, onlycertified attorneys are allowed to identify themselves as “Board Certified” or as a “specialist.” Certification is the highest level of recognition of the competency and experience of attorneys in the areas of law approved for certification by the state Supreme Court. Certified lawyers in elder law deal with legal issues involving health and personal care planning, including the following: advance directives, lifetime planning, family issues, fiduciary representation, capacity, guardianship, power of attorney, financial planning, public benefits and insurance, resident rights in long-term care facilities, housing opportunities and financing, employmentandretirementmatters,income, estate and gift tax matters, estate planning, probate, nursing home claims, age or disability discrimination, and grandparent’s rights. Typically every lawyer certified in elder law has practiced law on a full-time basis for at least five years. Each certified lawyer has had substantial involvement – 40 percent or more – in the practice of Elder Law during the two years immediately preceding certification. To be certified, the lawyer is required to have substantial involvement in all aspects of planning for aging, illness, and incapacity in the five years preceding certification. Each certified lawyer has passed peer review, completed 60 hours of continuing legal education within the three years immediately preceding application, and has passed a written examination demonstrating knowledge, skills, and proficiency in the field of elder law to justify the representation of special competence. Board certification is valid for five years on average, during which time the attorney must continue to practice law and attend bar-approved continuing legal education courses. To be recertified, requirements similar to those for initial certification must be met. Those who are board certified have taken the extra step and, for that, have their competence and experience recognized. Shalloway & Shalloway, P.A., Elder and Special Needs Law Attorneys, established in 1992 in West Palm Beach, Fla., is dedicated to preserving the financial security and personal dignity of our clients. This article does not constitute legal advice. For help with estate planning, Medicaid planning, or other legal matters, consult a qualified attorney.