As the size of our older population increases, the complexities facing the elderly and their families are also growing. Elder law is a relatively new field of law that has evolved over the last 20 years to address the various legal issues of the elderly.

Elder law actually covers many different legal fields. It includes:

● wills and trusts
● powers of attorney for financial management
● health care directives
● guardianships
● probate;
● estate and trust administration
● Medicare claims and appeals
● Medicaid and long-term care planning
● social security and disability claims and appeals
● nursing home issues, including patients rights
● housing issues
● veterans benefits
● elder abuse
● age discrimination in employment
● mental health law

Although most elder law attorneys do not address all of these areas in their practice, they will be able to identify issues and refer clients to colleagues with the appropriate expertise. Elder law attorneys can also provide referrals to geriatric case managers and social workers, home-health-care providers, assisted-living facilities and nursing homes.

Lawyers who practice in elder law do so because they respect and appreciate their elderly clients. Elder law attorneys have offices that are wheelchair and walker friendly, and staffs trained to work with clients who are often struggling with losing their independence, mistrustful of lawyers and the legal system, and reluctant to share their financial and personal information. If an elder client is too frail to travel to the lawyer’s office, many elder law attorneys will make a home visit.

An elder law attorney can provide the most help while the elder client still has the mental capacity to understand and sign basic legal documents such as a will, power of attorney and health care directive, and provide information about assets, liabilities, income, health insurance and long-term care insurance. If dementia has progressed to the extent that the elder is not able to effectively communicate, and the necessary legal documents are not in place, the attorney’s role will be to assist with a legal guardianship.

Because each state’s laws are different, it is important to find an elder law attorney in the state where the elder lives. A good resource to locate an out of state elder law attorney is the National Academy of Elder Law Attorneys (NAELA), an organization of approximately 3,500 members across the country. You can contact NAELA at its new headquarters outside of Washington, D.C. at 1577 Spring Hill Road, Suite 220, Vienna VA 22182, or online at www.naela.org. Other ways to find an elder law attorney are through a state or local bar association, or a local agency that provides services to the elderly.

Debra Robinson is an Alpharetta attorney and a member of NAELA. Contact her at 770.817.4999 or drobinson@robinsonmiller.com.