Attorneys who work with the elderly bring more to their practice than just experience with the legal issues. They have an understanding of the elderly that allows them and their staff to ignore the myths related to aging. At the same time, they recognize and empathize with the true physical, mental, social and financial difficulties that often accompany the aging process. An Elder Law Attorney is aware of the real life problems, health and otherwise, that seniors experience as they age. They are tied into a system of social workers, psychologists, geriatric care managers, and many other elder care professionals who may be of assistance to their clients.
An Elder Law attorney deals with legal issues involving:
- Health and personal care planning, which include the following topics: Financial Powers of Attorney, Health Care Powers of Attorney, Living Wills, Asset Protection, Family Issues; Wills & Trusts
- Planning for a ‘Well Spouse” when the other spouse requires Long Term Care, including Asset Protection; obtaining eligibility for Public Benefits such as Medicaid and VA benefits
- Capacity issues, Guardianship, and, most importantly, Guardianship avoidance
- Resident rights and advocacy in Long Term Care facilities
- Planning for adults with Special Needs
- Elder Law encompasses all aspects of planning for aging, illness, and incapacity. This specialization requires a practitioner to be particularly sensitive to the legal issues impacting elderly clients.