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Elder Law Practice Exam

Practice Elder Law exam questions covering core doctrines, issue spotting, applied analysis, and exam-ready explanations.

Open free questions

Open the free questions first, then return for cases, flashcards, and the study map.

Free questions

Total questions

Real exam questions

70%

Pass mark

Recommended study path

A practical sequence that moves from issue maps to questions, cases, and IRAC planning.

115 min plan

120 min

Map the issues and elements

Start with decision-making capacity and guardianship interventions and turn each coverage area into an issue checklist.

230 min

Attempt the free diagnostic quiz

Use the first score to identify weak topics before reading long notes.

335 min

Brief leading authorities

For each case, capture facts, issue, rule, reasoning, exam use, and current-law status.

430 min

Draft an IRAC answer plan

Use financing long-term care: medicare, medicaid, and private options to practise issue spotting, authority selection, and balanced conclusions.

Syllabus coverage

01. Decision-Making Capacity and Guardianship Interventions

Standards for assessing legal capacity (testamentary, contractual, medical, and financial decisions)

Relationship between medical diagnosis and legal capacity findings

Guardianship/conservatorship initiation: petition, evaluation, hearing, and appointment of counsel

Duties of guardian of the person and guardian of the estate, including fiduciary obligations

Limited guardianships, restoration of capacity, and termination proceedings

Less restrictive alternatives to guardianship (supported decision-making, powers of attorney)

02. Financing Long-Term Care: Medicare, Medicaid, and Private Options

Medicare skilled nursing facility benefit: coverage criteria, duration, and limitations

Medicaid eligibility: income and resource limits, categorical requirements, and look-back period

Asset transfer penalties, exemptions, and undue hardship provisions for Medicaid applicants

Spousal impoverishment protections: community spouse resource allowance and income provisions

Long-term care insurance: common policy features, triggers, and regulatory safeguards

Veterans' benefits for long-term care and state-based home and community-based services waivers

03. Elder Abuse, Neglect, and Financial Exploitation

Forms of elder mistreatment: physical, emotional, sexual abuse, neglect, abandonment, and financial exploitation

Mandatory reporting obligations: categories of reporters, timing, and content of reports

Adult Protective Services investigation procedures and interagency coordination

Civil remedies: protective orders, restitution, and tort causes of action (assault, battery, conversion)

Criminal prosecution: elder-specific statutes, enhanced penalties, and procedural accommodations for older victims

Undue influence in inter vivos gifts, contracts, and testamentary instruments; remedies and presumptions

04. Advance Directives and End-of-Life Health Care Decisions

Living wills: statutory requirements for execution, scope of treatment refusals, and revocation

Durable powers of attorney for health care: agent authority, standard of decision-making, and limitations

Physician Orders for Life-Sustaining Treatment (POLST) and Medical Orders for Life-Sustaining Treatment (MOLST)

Surrogate decision-making hierarchy when no advance directive exists: statutory default surrogates

Medical futility disputes: role of ethics committees, hospital policies, and judicial intervention

Do-Not-Resuscitate (DNR) orders: in-facility and out-of-hospital protocols, including prehospital DNR

05. Estate Planning and Administration for Older Clients

Testamentary formalities: execution, attestation, holographic wills, and self-proving affidavits

Testamentary capacity: required cognitive elements and common law tests (e.g., Banks v. Goodfellow)

Undue influence, duress, and fraud challenges to wills and inter vivos transfers

Avoiding probate: revocable living trusts, joint tenancy with right of survivorship, and payable-on-death designations

Special needs trusts for disabled beneficiaries: structure, payback requirements, and impact on public benefits

Estate and gift tax considerations for older clients, including portability and annual exclusion

06. Rights of Older Adults in Long-Term Care and Housing

Nursing home residents' rights under federal law: Omnibus Budget Reconciliation Act (OBRA) and Residents' Bill of Rights

Admission, transfer, and discharge requirements: permissible grounds and procedural safeguards

Quality of care enforcement: survey and certification process, sanctions, and private rights of action

Assisted living and board-and-care regulation: state licensure, admission criteria, and discharge policies

Age discrimination in housing: Fair Housing Act protections and reasonable accommodations for disability

Long-term care ombudsman programs: advocacy, complaint investigation, and systemic reform functions

Jurisdiction lens

England & WalesPrimary

Primary launch focus for legal study notes, case summaries, and citation guidance.

Common law comparison

Comparison notes highlight where common-law reasoning differs by jurisdiction.

United States

Useful for bar-style multiple choice and federal/state contrast notes where reviewed.

Trust metadata

Reviewed by: LawConquer AI content review - Exam content generation pipeline
Last reviewed: 2026-06-03
Confidence note: Generated from public syllabus and current-law guardrails; verify jurisdiction-specific changes before relying on local rules

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