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Community Service Program

Seniors Make Their Own Kind Of Law

Their Growing Numbers & Issues Led To The Field Of Elder Law

The senior population continues to grow. In addition, the list of elderly-oriented issues that require legal advice/services continues to grow. Added together, all this growth has created a great demand for attorneys who specialize in the needs and issues of seniors. The response from the legal profession has been the rapid development of the field of elder law.

This law specialty is unusual because it is not defined by a technical or legal distinction, as with a criminal or tax attorney. It is defined by the client. Elder law specialists focus on seniors, helping them to control their financial, health and legal matters throughout life, an incapacitation and death. Along with all their knowledge of rules and regulations, these attorneys also have an understanding of senior needs and values, family dynamics, mental vs. physical disability and the health care system.

Seniors are burdened by many complex laws and regulations. The “system” makes it necessary to seek the help of an experienced, legal specialist.

Complex Issues

Who & How Specialized?

Elder law specialists deal with a wide variety of financial, health and legal matters. Here are some of the complex issues they help with.

  • Estate planning documents that include wills and trusts.
  • Handling of probate, the administration and management of estates and trusts.
  • Long-term care planning and living wills. Also, the transfer and preservation of assets when a spouse enters a nursing home.
  • Coordinating resources to pay for care.
  • Benefits, claims and appeals of health insurance, managed care, Medicare, Social Security and Medicaid/Medical.
  • Elder abuse and fraud recovery issues.
  • Conservatorship and guardianship.
  • Durable and medical powers of attorney.

The growth of the field, along with independent advertising, makes finding an elder law attorney easy. However, getting a referral from someone you trust can help you make a more informed choice. Check with family and friends. You can also inquire with social workers, geriatric care managers, support group members, senior associations and the Area Agency on Aging.

Do not expect an elder law attorney to have an expertise in all the senior issues. Before setting an appointment, ask the staff questions to verify their focus and whether they can help you. Here are some questions to get you started.

  • What area(s) of law do you specialize in?
  • How long have you been doing so?
  • How much of your practice is dedicated to this specialty?
  • Describe your issue and ask what documents and information should I bring with me?