The legal needs of many older Americans go beyond basic legal services and are all interconnected. In addition to understanding the legal issues and complications older Americans face, elder law attorneys must also understand their clients’ personal concerns, such as health, financial, and family issues, and how legal issues affect them. of your customers.
The three main areas of focus for attorneys for the elderly include health care, tax and estate planning, and guardianship matters. More specific areas of specialization include:
End of life planning. This could extend to planning for your health care support system as you age, establishing a power of attorney, establishing a living will, and other matters related to end-of-life care.
Financial problems. This often covers retirement and financial planning, home financing, income and estate tax planning, and gift tax issues.
Long term care. This could include planning for asset protection, insurance for home care or assistance with activities of daily living, Medicare planning, insurance, veterans benefits, and more.
Resident rights issues. This could include any claims you file as a patient in a nursing home or long-term care facility.
Discrimination issues in the workplace. Older Americans sometimes face age and disability discrimination in the workplace; An attorney specializing in elder law can help you plan and execute your case.
Guardianship issues. This could include guardianship avoidance, planning for wills and trusts, planning for the future of children with special needs, probate court, and other matters related to minor children or adults.
Landlord/tenant law. This could mean handling disputes with landlords, contesting an eviction, dealing with foreclosure issues, and more.
Abuse, neglect and fraud. These attorneys specialize in cases where an older client is being victimized. In these cases, the attorney can serve as an advocate for the victim and help locate the client in a safer area if necessary or obtain restitution from the abuser.
There are special certifications, such as the Certified Elder Law Attorney credential from the National Foundation for Elder Law. To earn this certification, you must have at least five years of experience in the practice of law and have spent at least sixteen hours per week in the elder law field for the previous three years, among other qualifications. The exam process lasts a full day.
An elder law attorney can be a great partner for you as you plan for the legal and financial aspects of the next phase of your life, or the life of a loved one. Ask how long the attorney has been practicing, the percentage of their practice that has been in elder law, and whether there are aspects of this field that the attorney specializes in, and you should be able to find the right attorney for you.