Elder Law is an area of law that concentrates on representing, counseling and assisting seniors and people with disabilities and their families with a variety of legal issues, from estate planning to long-term care issues, with a primary emphasis on promoting the highest quality of life for individuals.
What differentiates Elder Law attorneys from others in the legal profession?
Qualified Elder Law attorneys bring a different perspective to the delivery of services to their clients. Elder Law attorneys use a holistic, multi-disciplinary approach to help seniors and people with disabilities and their families in a caring, compassionate way that seeks to preserve dignity for such individuals. They look at what is best for the aging client from all points of view and are able to address these issues in an objective way.
What are the key issues for which older people need to plan?
Older adults should consider retirement income, long-term care, lifestyle, and housing needs when planning for retirement. In addition, individuals should discuss wills, durable powers for property and health, health care proxies and appropriate insurance coverage with legal professionals. Elder Law attorneys can help address medical, financial, legal, social and family issues, as well as elder abuse and neglect.
Some seniors, and their children, are reluctant to discuss financial and medical issues. Many seniors grew up during World War II and are more private about their finances or are simply reluctant to lean on their children for help. However, talking about these issues before a crisis occurs is very important.
According to the National Academy of Elder Law Attorneys Survey of Elder Issues, half of those aged 35 to 49 have tried to speak with one of their parents about aging issues. When the subject was broached, 64 percent of seniors were open to discussing these issues and did. Another 22 percent discussed the issues at a later date. Only 14 percent refused the discussion. So, reluctance about broaching the subject may be unwarranted. The Elder Law attorneys at Girvin & Ferlazzo are happy to help you prepare for those discussions.
What are most people concerned about as they grow older?
According to the National Academy of Elder Law Attorneys Survey of Elder Issues, the top five concerns voiced by individuals aged 35 and up were:
55 percent: Losing physical health
37 percent: Running out of money
32 percent: Losing mental health
25 percent: Having someone else care for them
24 percent: Loss of memory
Many people worry about how to cope financially, emotionally and physically with the last phase of life. That is why pre-planning is essential to ensuring a high quality of life as one ages.
Estate planning is needed to ensure one’s needs are met in the case of illness or incapacity. It provides for management of assets, preservation of the estate for heirs, minimization of taxes and other administrative costs, and the distribution of assets upon death. Elder Law attorneys are dedicated to providing clients with quality estate planning services, such as drafting living trusts, wills, powers of attorney, health care proxies, personal care contracts, charitable planning documents, and more.
Where does the Elder Law attorney’s obligation lie?
An Elder Law attorney’s professional obligation lies with the client, not the client’s family. This means if relatives seek legal services from the same attorney, professional ethical standards relating to potential conflicts of interest must be met. When an older individual lacks the capacity to become a client, the lawyer may be able to represent a family member who is the senior citizen’s legal representative or who is an interested party seeking to protect the interests of the elder under the law.
As the senior population grows, so does the demand for additional and alternative housing options, such as adult homes, congregate and assisted living facilities. New and innovative methods of providing a wide range of services, including meals and housekeeping, are evolving in the housing market. Older adults and individuals with disabilities are now faced with a sometimes confusing – or expensive – array of options, benefits and risks. An Elder Law attorney can assist you in exploring options that are appropriate for your individual situation.
Americans are living longer, so it's important to plan ahead for long-term care. Baby Boomers are today's sandwich generation, wedged between the costs of caring for their kids and the costs of caring for aging parents. With the cost of housing and college tuition and the typical nursing home bill, many families are squeezed from both ends. Elder Law attorneys help families plan for long-term needs to help avoid such financial pressures.
Families today want housing options in addition to nursing homes. More alternatives are needed to accommodate the growing elder population such as assisted living facilities and adult homes to allow seniors to age in place. Many middle class seniors are faced with the prospect of a double disaster – first they may lose their health, and second, they may lose their lifetime savings to the catastrophic costs of long-term care. Elder Law attorneys seek to assist lower and middle income Americans in finding appropriate ways to finance long-term care while preserving their dignity and avoiding impoverishment.
One of the most emotional issues faced by seniors is the loss of independence as the need arises for either home care or nursing home care. At the same time, they are forced to figure out how to finance the cost of long-term care typically brought on by a chronic illness. Most middle class seniors cannot afford or qualify for private long-term care insurance. Elder Law attorneys regularly assist lower and middle income Americans in finding ways to finance their long-term care needs.
Regulations from the Health Insurance Portability and Accountability Act of 1996 (HIPPA) may make it difficult to gain access to medical records or to function as a health care decision maker if proper advance directives aren’t in place. Advance directives ensure that an individual’s true wishes for medical treatment decisions – including religious preferences – will be followed. Elder Law attorneys seek to ensure that the individual’s wishes are known and respected by family, friends, and providers. Individuals should be encouraged to complete health care advance directives at a time when they are clearly competent to do so. A living will, health care power of attorney, health care proxy or a combination of these and other documents may be required.