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What is Elder Law?

By Ann E. Salek, Attorney at Law, Critchfield, Critchfield & Johnston, Ltd.

Traditionally, as people aged, their legal concerns were generally limited to planning for their estate when they die, thinking only of drafting a will.

  The practice of elder law includes estate planning, trusts, and probate law, but it extends to other issues faced by seniors, including planning for long-term care and other circumstances faced by most everyone as they age.

  According to data compiled by the Social Security Administration:

• A man reaching age 65 today can expect to live, on average, until age 84.3.

• A woman turning 65 today can expect to live, on average, until age 86.6.

  And those are just averages. About one out of every four 65-year-olds today will live past age 90, and one out of 10 will live past age 95. Longer lives bring additional legal and financial issues.

  Elder law attorneys advise clients regarding long-term care planning. This includes financial issues pertaining to how to pay for long-term care and whether lifetime savings can be protected. Planning discussions include long-term care insurance, privately self-insuring to pay for long-term care, obtaining Medicaid benefits, or obtaining Veterans Aid and Attendance benefits.

  Along with the financial aspects of living longer, elder law attorneys advise clients regarding the mental capacity aspect of living longer. What if the client no longer has the mental capacity to make decisions, handle their finances, or administer their health care? These areas involve powers of attorney and potentially guardianships.

  The elder law attorney also needs to be well-versed in dealing with the children or other family members of the elderly. Oftentimes, the elderly client may not even realize they need legal advice. The elderly client’s children are often quite involved in the planning process. However, this can cause considerable issues regarding legal representation. This is all part of the practice of elder law.

  Elder law attorneys also get involved in Medicare and other government benefits, as well as abuse, neglect, and exploitation issues.

  It is important to note that traditional estate planning, trust, and probate attorneys are not necessarily well-versed in many issues particular to what has become the practice of elder law. Longterm care planning can be very cumbersome and complicated, so clients should really search for an attorney experienced in the practice of elder law.

Opinions and claims expressed above are those of the author and do not necessarily reflect those of ScripType Publishing.