Legal problems that affect the elderly are growing in number. Our laws and regulations are becoming more complex. To avoid future problems, it is important for attorneys dealing with the elderly to have a broad understanding of the laws that may have an impact on a given situation.
Unfortunately, this job is not made easy by the fact that elder law encompasses many different fields of law.
- Preservation/transfer of assets and seeking to avoid spousal impoverishment when one spouse enters a nursing home
- Medicaid and Medicare
- Social Security and disability claims and appeals
- Disability planning, including the use of durable powers of attorney, living trusts, “living wills,” and other means of delegating management and decision-making to another in case of incompetency or incapacity
- Guardianships and conservatorships
- Estate planning, including planning for the management of one’s estate during life and its disposition on death through the use of trusts, wills, and other planning documents
- Probate, administration, management of trusts and estates
- Real estate
Most elder law attorneys do not specialize in every one of these areas. You will want to hire the attorney who regularly handles matters in the area of law of concern in your particular case and who will know enough about the other fields to question whether the action being taken might be affected by laws in any of the other areas of law on the list.
Attorneys who primarily work with the elderly bring more to their practice than expertise in the appropriate area of law. They bring to their practice a knowledge of the elderly that allows them and their staff to ignore the myths relating to aging and the competence of the elderly. At the same time, they will take into account and empathize with some of the true physical and mental difficulties that often accompany the aging process. Their understanding of the afflictions of the aged allows them to determine more easily the difference between the physical versus the mental disability of a client. They are more aware of real life problems, health and otherwise, that will arise as persons age. They are tied into a formal or informal system of social workers, psychologists, and other elder care professionals who may assist you. All these things will hopefully make you more comfortable when dealing with them and ease your way as you try to resolve your legal problems.