Elder Law

Areas of Elder Law

The field of elder law can involve the following issues:

• Health planning, including long-term care – Securing your care in the case of an extended illness or disability will lead to peace of mind.
• Navigating public benefits, like Medicare and Social Security – Are you getting all the benefits you deserve? With so many rules and regulations, calling on an experienced professional can help you make sure you don't overlook any aspect of the process. If you need to fight to receive the benefits you have coming to you, a specialized attorney provides the experience necessary to lodge informed and effective complaints.
• Powers of attorney, guardianship, and similar issues – When you can't speak for yourself, who will speak for you? Official documentation of your thoughts about issues such as life support will make sure your wishes are fulfilled in unfortunate circumstances.
• Competency – The issue of competency arises when seniors are no longer capable of caring for themselves. An attorney experienced in elder law can support those on both sides of a competency case – family members who feel a relative can no longer care for himself or herself, and seniors who are still capable of living on their own and wish to fight a competency decision.
• Retirement planning – Proper planning is vital for a secure retirement. A lawyer can help you make the most of your resources.
• Estate planning – Writing a will can seem like an unpleasant task, but it's a necessary one. While will kits are available, using the services of an attorney will ensure that you create a legal and binding contract. A lawyer will also be able to inform you of options for bequeathing your property and possessions to family or charitable organizations.
• Age discrimination – In the workplace, older workers may be overlooked for promotions or not even hired in the first place. A specialized lawyer can help you document and fight these illegal actions.
• Abuse and neglect – Unfortunately, seniors can be abused and neglected by those who care for them; a lawyer can give them a voice. Adult children can also call on attorneys specializing in elder law if they fear their parents are being abused by nursing home or hospital employees.
• Fraud – Unfortunately, many scams target seniors. A lawyer can help you examine the legality of any offer that seems too good to be true. If you've been the victim of fraud, an attorney can help you seek justice.

Online Resources

Whatever your legal issue, you want an experienced attorney taking care of your needs. The National Elder Law Foundation offers certification for lawyers specializing in the field, and their website offers assistance in finding a certified elder law attorney. If a certified attorney isn't available in your area, you may want to consider a lawyer specializing in the area of your particular legal issue, such as a labor attorney for age discrimination concerns in the workplace.

Some states provide organizations devoted to senior legal concerns, such as Elder Law of Michigan, Inc. and the Arizona Elder Law Hotline. These groups can be helpful for obtaining preliminary information, learning your options, and getting a referral if you need additional legal assistance.

While the National Senior Citizens Law Center focuses on providing information for attorneys, they also provide helpful articles for consumers on topics like assisted living and Medicare. A few of their publications are only available for purchase.