The notion of the elder law is that it is a legal practice that focusses on matters that concern the elderly populace. The purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options.[1] “The three major categories that make up elder law are:
- Estate planning and administration, including tax questions,[2]
- Medicaid, disability and other long-term care issues
- Guardianship, conservatorship, and
- Commitment matters, including fiduciary administration.
Other issues found under the umbrella of elder law include such areas as:
- estate planning
- wills
- trusts
- guardianships
- protection against elder abuse, neglect, and fraud
- end-of-life planning
- all levels of disability and medical care
- retirement planning
- Social Security benefits
- Medicare and Medicaid coverage
- Medicaid planning (United States)
- consumer protection
- nursing homes and in-home care
- powers of attorney
- physicians’ or medical care directives, declarations and powers of attorney
- landlord/tenant needs
- real estate and mortgage assistance
- various levels of advice, counseling and advocacy of rights
- tax issues
- discrimination”
Elder law developed as a specialty because as lifespans increased there was an increased need for medical care, care giving, and financial management.[3] “Elder Law varies from state to state and in some jurisdictions ex. Florida elder law is an area of professional specialization and certification. Elder law practice stems from the Older American Act of 1965 (OAA).”[4]
Types of Elder Law:
Majority elder law attorneys do not actually particularize in the specific area of law per se. It is vital that you and your family members try to find out the right knowledgeable professional in case of emergencies and when you require a thorough legal assistance. Major areas of elder law include:
- Disability and special needs planning
- Long-term care planning
- Estate planning and settlement
- Guardianship or conservatorship
- Elder abuse[5]
How Law Works: “Legal issues that impact seniors are governed by complex regulations and laws that vary by state. They often require a unique understanding of the personal impacts of aging, which can make you or your loved ones more physically, financially, and socially vulnerable. the law addresses the various decisions and circumstances that come up later in life. It also deals with how your estate plan will be executed after your death.
law attorneys who focus their legal practices on these issues take a holistic approach when working with seniors and their family members. These attorneys help you navigate legal matters while also working with a network of care professionals, such as your health team and social workers, and psychologists.
Many people think elder law is only a concern if you have complex life situations, such as a disability or special needs, a second marriage, a high-value estate, or financially reckless adult children. law is important for people with these concerns, but it’s also vital for all seniors to become familiar with law. You should be ready to hire an attorney in order to protect yourself and your assets in your golden years and beyond.”[6]
Elder Rights:
Elder rights are the rights of older adults (usually those in the seventh decade of life or older although this definition is disputed), who in various countries are not recognized as a constitutionally protected class[7] yet face discrimination across many aspects of society due to their age. “Common rights issues faced by elders include age-related job discrimination (such as forced age of retirement), lack of access to medical treatments because of age or age-related obstacles, societal perceptions of ability/disability due to age, and vulnerability to abuse, including financial, physical, psychological, social, and sexual because of diminished capacity and lack of access to/ability to use technology.”[8]
To know more on elder law, visit Lyman Litigation.
[1] Krooks, Bernard; Kirkevold, Kameron (June 2014). "Why Elder Law". 28 (3). American Bar Association. [2] "Estate Planning Sunshine Coast" [3] Frolick, Lawrence; Kaplan, Richard (April 29, 2014). Elder Law in a Nutshell (6th ed.). West Academic. p. 2–3. [4] Elder Law | Wex | US Law | LII / Legal Information Institute (cornell.edu) [5] NAELA. "Questions & Answers When Looking for an Elderly Law and Special Needs Planning Attorney." [6] What Is Elder Law? (thebalance.com) [7] Kohn, Nina (2010). "The Lawyer's Role in Fostering an Elder Rights Movement" (PDF). William Mitchell Law Review. 37: 51. [8] Elder rights - Wikipedia
