What is Elder Law?
A. Elder law is a specialty of law that caters to the needs of older clients and those with disabilities. It encompasses areas such as probate and estate planning, Medicaid, disability planning, long term care, housing options, powers of attorney, etc. Elder law is the only area of law defined by the clients we serve rather than the areas of law in which we practice. Elder law attorneys often deal “holisticly” with their clients in talking about long term planning for health care and financial viability, family dynamics, end-of-life decisions, personal values and personal preferences. It is an area of practice that attracts attorneys who like to work with families and who are sensitive to the needs and feelings of others. Elder law is a fast growing area of the law because of the terrific demand created by 80 million baby boomers moving into their “golden years”, with one person turning 50 years of age every seven seconds! The National Elder Law Foundation offers a certification in eld
Many families face an uphill climb when it comes to making sense of an elderly relatives legal and financial situation. In such instances, enlisting the services of an elder law attorney can be a good idea, because these lawyers deal almost exclusively with advance medical directives, elder abuse and fraud, insurance, and other topics specifically relating to seniors and caregivers. Elder law attorneys have a greater understanding of the specific issues and limitations that seniorsand their familiesface every day. Elder law attorneys specialize in a variety of areas, including: • Medicaid or Medicare claims and appeals • Social Security and disability claims and appeals • Supplemental and long-term health insurance issues • Disability planning (i.e., durable power of attorney, living trusts, living wills, etc.) • Conservatorships and guardianships • Estate planning, including wills, probate, and trusts • Administration and management of trusts and estates • Long-term care placement • N
Elder law is the area of law, statutes, regulations and decisions, which impact on the lives of older Americans and their families. It encompasses such areas as long-term care and nursing home care; Medicaid and asset protection planning; Medicare, managed care, and payment for health care; Social Security and retirement income planning; disability planning; housing options, such as assisted-living and residential homes for the aged; financial and health care decision-making through the use of durable powers of attorney; end-of-life decision-making through the use of living wills and advance directives; probate and estates; revocable living trusts and wills; and so forth. Elder Law is one of the fastest growing areas of law. With 80 million baby boomers moving into their “golden years,” and one person attaining age 50 every seven seconds, there is a great demand for information. In addition, many of the entitlements, such as Medicaid, Medicare, Social Security, and “health care reform,
Courtesy of George S. Ingalls, P.A. The Elder Law Center Towson, Maryland, USA Elder Law focuses on legal issues relating to people over the age of 55 and their families. Elder Law seeks to provide each client with the education and information necessary to understand the ever-growing complex issues and process of “growing older” in America. Through the preparation of appropriate legal documents, options and choices become available to the individual or family to manage future age-related mental or physical disabilities. The Websters Dictionary describes Aging as “the mental and physical changes that occur as we grow older.” Attorneys who practice in the field of Elder Law frequently work with professionals in the fields of medicine, social work, long term care, and finance to maximize the client’s options. The attorney works closely with these other professionals to meet the changing needs of the client.
As one ages, they may find themselves facing new issues. Estate planning, disability, health care, retirement, taxes, financial planning, abuse and discrimination issues may arise in the elder years. It is important to know your rights and seek counseling and advice when needed. When dealing with legal issues that pertain to the elderly, it is wise to seek counseling from a lawyer who is certified in Elder Law. Elder law is a field of law in the United States that covers all aspects of issues facing the elderly. It is a moderately new form of law practice that focuses solely on the needs and laws governing the elderly. Many laws and community-based programs exist for the elderly. Unless you are educated in this area, you may need help deciphering what is available to you and what rights you may have inherited as you have aged. Today, lawyers can specialize in this field of law by getting certified by the Board of Certification of the National Elder Law Foundation (NELF), a non-profit o
