WHAT IS ELDER LAW?
Most Elder Law Attorneys do not specialize in all areas of the law, so you have to ask a lot of questions to find the one that’s right for you.
Combine the American legal system with issues of aging and you have one complicated web of rules and regulations that takes - you guessed it - a lawyer to figure out. But not just any lawyer, an Elder Law Attorney.
Over the last decade, a new legal specialty has evolved to deal with the growing elderly population and their unique and often complicated financial, medical and legal needs.
This new breed of attorney prides itself on an interdisciplinary strategy for helping seniors resolve their unique problems. Elder Law Attorneys often work with geriatric care managers or other eldercare specialists to identify services available in the community. They may suggest financial strategies, such as long-term care insurance for their clients’ 24 hour skilled nursing needs, in order to safeguard their assets.
When an older person is diagnosed with a degenerative disease, such as Alzheimer's or Parkinsons, he or she may want to turn to an Elder Law Attorney to help map out strategies for appropriate long-term care, identify ways to finance such care, and appoint a geriatric care manager, if necessary, to oversee their affairs if they have no family nearby.
Most Elder Law Attorneys can advise clients how best to avoid probate -- the lengthy public and often costly process of paying off creditors and taxes before disbursing property as dictated by a Will. Many attorneys now recommend that clients set up a Trust that allows property to pass quickly -- and privately -- to their heirs.
But what sets Elder Law Attorneys apart from other lawyers is their focus on the elderly client and how best to assure quality of life during the final years -- not just protection for the assets they leave behind.
The nation’s growing elderly population is a key factor behind this emerging Elder Law field. There are now more than 33 million Americans age 65 or older, representing nearly 13 percent of the population. The fastest growing segment of that group are those over 85 -- who coincidentally are the same people most likely to require nursing home services. Improvements in medical technology mean more people are living longer, often with chronic illness that may require expensive long-term care.^ In addition, many families are scattered across the country. Today’s elderly cannot always count on having a family caregiver close by. As a result, many people are taking advantage of new laws that allow them to determine the type of medical treatment they want at the end of their lives, and to appoint a surrogate to make medical decisions anytime they are not able.*
Today, more and more seniors and their families are turning to Elder Law Attorneys to help them plan the final years of their lives and to pass on assets to their families. But how do you know which lawyer is right for you? Just as you would choose any other professional, such as a doctor or accountant, it’s a good idea to ask for recommendations from financial advisors, insurance professionals, and friends. Or you can call the local Office On Aging, or support groups such as the Alzheimer’s Association for referrals. You can also contact the National Academy of Elder Law Attorneys in Tucson, Arizona at (520) 881-4005, or the Maryland State Bar Association, Elder Law Section, at (410) 966-0446, for a list of Elder Law practitioners near you.
^In Maryland, the average monthly cost for nursing home care is $4,300.00
*In Maryland, these health care decisions are made with an Advance Directive for Health Care which allows an appointment of a Health Care Agent (Part A) and instructions for end of life care (Part B - Living Will).
This article is provided by the Law Office of Kimberly Talbert Myers, P.A. and reprinted with permission from The Guide to Retirement Living. Kimberly Talbert Myers is a member of the National Academy of Elder Law Attorneys. Her office is located in California, Maryland.
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