Legal problems that affect the elderly are growing in number, so 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 to avoid future problems. Elder Law encompasses many different fields of law, such as the following:
- Preservation/transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
- Medicaid
- Medicare claims and appeals
- Social security and disability claims and appeals
- Supplemental and long term health insurance issues
- Disability planning, including use of durable powers of attorney, living trusts, "living wills," for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetency or incapacity
- Conservatorships and guardianships
- 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 and management of trusts and estates
- Long-term care placements in nursing home and life care communities
- Nursing home issues including questions of patients' rights and nursing home quality
- Elder abuse and fraud recovery cases
- Housing issues, including discrimination and home equity conversions
- Age discrimination in employment
- Retirement, including public and private retirement benefits, survivor benefits, and pension benefits
- Health law
- Mental health law
Most elder law attorneys do not specialize in every one of these areas, so find out which of these matters they handle. Hire an attorney who regularly handles matters in the area 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 on the list.
Attorneys who primarily work with older adults bring more to their practice than an expertise in the appropriate area of law—they bring knowledge of the elderly that enables 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. They are also tied into a formal or informal system of social workers, psychologists, and other elder care professionals who may be of assistance to you.
Ask Questions First
Start by asking questions with the initial phone call. It is not unusual to speak only to a secretary, receptionist, or office manager during an initial call or before actually meeting with the attorney. If so, ask this person your questions.
- How long has the attorney been in practice?
- Does his/her practice emphasize a particular area of law?
- How long has he/she been in this field?
- What percentage of his/her practice is devoted to elder law?
- Is there a fee for the first consultation and if so, how much is it?
- What information should you bring with you to the initial consultation?
The answers to your questions will assist you in determining whether that particular attorney has those qualifications important to you for a successful attorney/client relationship. For more information on finding a proper attorney and what to do once you have one, visit www.naela.org.