 Rather
than being defined by technical legal distinctions, elder
law is defined by the client to be served. In other words,
the lawyer who practices elder law may handle a range of
issues but has a specific type of clients--seniors, the elderly
and disabled and their families.
Elder
Law attorneys work with a variety of legal tools and techniques
to meet the goals and objectives of their clients.
Under this holistic approach, the elder law practitioner
handles estate planning issues and counsels clients
about planning for incapacity. The attorney assists
the client in planning for possible long-term care needs,
including nursing home care. Locating the appropriate type
of care, coordinating private and public resources to finance
the cost of care, and working to ensure the client's right
to quality care are all part of the elder law practice.
Elder Law is a relatively new specialized
field of law that deals with the issues faced by the fastest
growing segment of the U.S. population, the elderly. This
area of law combines elements of Estate Planning, Wills and
Trusts, Health Care Planning,
Guardianship, Medicare/Medicaid Planning, and Elder Rights.
Today we are more active and live
longer than ever before, but we also have a new set of
legal concerns rarely experienced by earlier
generations. Older people have always needed Wills and
Estate Planning to pass their assets to their beneficiaries.
Now that we are living longer, there are more issues
about their future care that have to be included in Estate
Planning, such as plans for housing, future medical care,
and what to do if the person should become incapacitated.
One of the most important questions that is being raised
is how to provide long-term housing, with possibly increasing
levels of care, as the seniors age. This, in turn, is giving
rise to a whole new industry of senior living facilities
and raising many legal questions about contract rights
and the power of facilities to discharge residents. As
continuing care becomes more and more expensive, seniors
are also in need on information about long-term care insurance
and government benefits.
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