What Is Elder Law?

March 29, 2022 Jessica Kluetz

Elder law attorneys.

I have written several posts discussing the importance of various pre-planning processes such as the living will and establishing a medical and financial power of attorney. These processes are generally done through an attorney. Oftentimes, they are done by an attorney who specializes in elder law. I thought I would take a moment to talk a bit about the elder law attorney and how this type of attorney is more suited for the needs you may have in assisting your elderly parent through the aging process.

What is an elder law attorney?

So what exactly is an elder law attorney? An elder law attorney specializes in the legal aspects of issues that typically affect those in the aging/elderly population. They act as advocates for the elderly and their loved ones. General attorneys may be able to assist with the issues many in the aging population have to begin to think about and manage. I am sure there are some who are excellent in handling every legal aspect of aging, however, I doubt every one who makes that statement is able to handle it with the expertise of someone who specializes in elder law.

In the same way you would not likely go to your cardiologist for a broken ankle, I would not recommend going to just any attorney for assistance in the specific needs of an aging parent. As physicians, we all received some form of training for managing the musculoskeletal issues during our training as a medical student and, possibly, even as a resident, but the cardiologist is not going to be able to manage that broken ankle as well as a sports medicine physician or orthopedic surgeon who received many more years in training and does this on a daily basis.

What does an elder law attorney do?

The majority of elder law attorneys handle issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other pre-planning processes I mentioned at the beginning of this post. These issues are often very sensitive, and it can be helpful to have a neutral person a part of the process providing legal, unemotional advice, recommendations and instruction. In addition, the insurance system and other methods of assistance, can be overwhelming for lay people to fully understand. It is reassuring to have an expert in this who can lay out what to expect in regards to costs and how to go about applying for various methods of assistance.

Once I have talked through the various options of care plans, locations, insurances, etc with my patients and clients, I will often refer them to an elder care attorney if they do not already have one. There have been numerous occasions in which I have helped to guide a loved one and his or her caregivers through the decision making process of where he might live or what her end of life wishes might be. Once the decisions have been made, I then help to lead them to the appropriate attorney to get the legal ball rolling to ensure their decisions move into action.

I am here to be the first step in guiding you through the various options of caregiving, healthcare decision making and just better understanding the aging process your loved one is going through. Once you have gone through this initial process with me, I encourage each of my caregivers to make sure all of their ducks are lined up from the legal standpoint by utilizing the services of an elder law attorney.

Feeling overwhelmed with the process?

Afraid you may not make the right decision at the right time? This stage of life for you and your aging parent often brings more questions than answers. Reading information from a trusted source like me can help guide you in the process. However, if you still feel overwhelmed, don’t hesitate to reach out to me. I am happy to help with a personalized plan for your unique situation.