Elder Law

The field of elder law focuses on the needs of older people and the issues they encounter. Elder law also involves issues faced by individuals and families suffering from chronic illness.

The Older Americans Act, enacted in 1965, created the Administration on Aging, the federal agency advocating for the elderly. Amendments to the act provided funds for services and programs benefiting senior citizens and their families. In 2006, the act was amended to help seniors avoid institutional care, improve nutrition and health services and coordinate governmental programs for elders. These programs include home-delivered meals and nutrition services, transportation, adult day care, legal assistance, nursing home supervision and health care promotion. In addition, the Family Caregiver Support Program provides services for people caring for chronically ill or disabled family members.

What services does an elder law attorney provide?

An elder law attorney assists clients in planning their estates and counsels clients about planning for their incapacity, including nursing home care. The attorney helps clients locate appropriate care and coordinate private and public benefits to pay for the care. Legal problems affecting the elderly are increasing as laws and regulations become more complex.

An elder law attorney can help with:

• health care and long-term care planning
• government benefits (including Medicaid, Medicare and Social Security)
• decision-making by others on the senior’s behalf (including powers of attorney, conservatorship and guardianship)
• the ability to understand and make legal decisions by the senior
• management, inheritance and administration of a deceased’s estate (including trusts, wills and probate)
• taxes (including real estate, gift and estate taxes)
• retirement benefits (including Social Security, disability and veterans’ benefits)
• litigation of will contests and probate challenges