What is Elder Law?
Elder law is defined by the identity of the client - seniors, the disabled, and their families. The nature of the legal need (legal problem) of aging or disability is also important.
An elder law attorney focuses on the legal needs of the elderly or disabled client and uses a wide variety of legal techniques to satisfy their needs.
An elder law attorney, for example, might handle general estate planning issues and counsel clients about planning for incapacity with powers of attorney, living trusts, or other documents. The attorney might also help the client plan for possible long-term care needs, including at home care options, assisted living, or nursing home care. Elder law attorneys also assist clients who are already living in a long-term care facility in regard to residents' rights questions and other health care decision making problems, including end-of-life issues and competency issues (such as conservatorships and guardianships). Locating appropriate types of care, coordinating private and public resources to finance the cost of care, and working to ensure the client's rights to quality care are all part of the elder law practice.
Most elder law attorneys handle the preparation of wills and other estate planning documents for clients of all ages, but many elder law attorneys do not provide advice on complex estate tax planning issues.
Since many disabled persons qualify for the same benefit programs as the elderly and have similar needs, many elder law attorneys also help disabled persons under age 65 and their families with legal and financial planning.
This website is designed for general information only and should not be construed to be legal advice or the formation of a lawyer/client relationship. You should consult a qualified attorney for individual advice regarding your own situation.