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As the elderly population began to grow several decades ago, it started to become clear that the legal issues that impact them needed to be addressed. Consequently, the relatively new area of the law known as “elder law” began to evolve. An elder law lawyer, therefore, is a lawyer who has chosen to focus much, or all, of his/her practice on legal issues that impact the elderly and those who care for them. Unlike other areas of specialty, however, an elder law lawyer does not focus on learning everything there is to know about a single area of the law. Instead, an elder law lawyer is more concerned with how the elderly, and their caregivers, are impacted by various legal issues and problems.
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The National Academy of Elder Law Attorneys, or NAELA, was formed in the late 1980s as a way to better serve this growing segment of the population. Five years after the creation of NAELA, the National Elder Law Foundation was formed. The purpose of the non-profit NELF was to help improve the professional skills of attorneys who choose to focus on elder law. Toward that end, NELF then developed a national certification program for attorneys known as the Certified Elder Law Attorney, or CELA, certification program. Attorneys who wish to gain certification in the area of elder law may do so through a rigorous and selective certification program recognized by the American Bar Association and administered by NELF.
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Unlike attorneys who focus on other specialized areas of the law, an elder law attorney does not strive to become an expert in one narrow area of the law. Instead, and elder law attorney focuses on how various areas of the law impact the elderly and those who care for them. Some common legal issues an elder law attorney might handle include:
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- Health insurance issues
- Petitioning for, or objecting to, guardianship
- Appealing a denial of disability
- Housing discrimination
- Creating or updating an estate plan
- Retirement and financial planning
- Medicaid planning
- Nursing home abuse
- Applying for, or appealing a denial of, veterans benefits
- Funeral and burial planning
- Preparing advance directives
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Absolutely! In the United States alone, family caregivers provide billions of hours of unpaid care to elderly loved ones every year. Caregivers often face legal, financial and emotional obstacles and hardships as a result of the time and energy they devote to caregiving. An elder law attorney can often help caregivers with things such as securing government benefits, petitioning for guardianship, or providing advice when elder abuse is suspected.
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As an adult child, it is usually heart-wrenching when you realize that it may be time to consider petitioning for conservatorship over a parent. Many adult children feel that becoming a legal conservator will be viewed as taking away a parent’s independence and freedom. What you need to consider though, is that if you don’t petition for conservatorship you may be leaving your parent at risk for serious injury or financial exploitation. While it may be difficult to think of in this way, the reality is that becoming your parent’s conservator is probably the best way to protect him/her. If you are unsure how to proceed, consult with an elder law attorney. They can discuss conservatorship with you, along with less restrictive alternatives, to help you decide if it’s the right step to take. If you decide that conservatorship is necessary, your elder law attorney will stay by your side throughout the legal process.
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One of the most important components of an estate planning for anyone near, or at, retirement age is long-term care (LTC) planning. The odds of needing LTC are high, and the cost of that care prohibitive for the average person. Moreover, neither the average health insurance plan nor Medicare will pay for LTC expenses. Unless you can afford to pay out of pocket you will likely find yourself turning to Medicaid for help. To be eligible, however, you must contend with very low “countable resources” limits that can put your retirement nest egg at risk if you failed to plan ahead. An elder law attorney can help you incorporate LTC planning into your estate plan by including Medi-Cal (California’s Medicaid program) planning tools and strategies in your comprehensive plan.
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Most people who care for the elderly do so with kindness and patience; however, there are those who prey on society’s most vulnerable, including those in nursing home care. Conservative estimates indicate that more than 40 percent of nursing home residents have reported abuse, and more than 90 percent report that they or another resident of the facility have been neglected. Elder abuse is a crime; however, it can also form the basis of a civil lawsuit against the facility. If you suspect that a loved one is the victim of nursing home abuse, an elder law attorney can discuss your legal options with you.
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No one likes to spend time focusing on the end of their life; however, if you don’t devote time to doing so now, your wishes may not be honored when the time comes. For example, if you have strong beliefs about end of life medical care, the disposition of your body after death, and/or the type of service held in remembrance of your life, you should consult with an elder law attorney to ensure that those wishes and beliefs are honored. Moreover, your loved ones could end up in a divisive court battle over the right to make healthcare decisions for you if you don’t decide yourself who should make them in the event you cannot. Conflict may also erupt after you are gone if loved ones cannot agree on the details of your funeral and burial. Executing advance directives and taking the time to incorporate funeral and burial planning into your estate plan is the best way to ensure that your wishes are honored and prevent discord among your loved ones.
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Contact Us
If you have specific questions regarding the best way to incorporate business succession planning into your estate plan, contact us at Northern California Center for Estate Planning & Elder Law by calling (916)-437-3500 to schedule your appointment today.
