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What is an Elder Care Attorney? What is an Elder Law Attorney? Are they the same? The terms pretty much mean the same thing, that is a lawyer, or attorney who works with elders. But they can be different.
What does Elder Care mean? This term commonly refers to the various professionals who may assist an elder in the aging process. These professionals may be doctors, social workers, nurses, accountants, financial planners, real estate agents and attorneys and other professionals who may work with elders. An elder care attorney may not be an elder law attorney.
So, what is an “Elder Law Attorney”? This is the term the legal profession uses. Elder law refers to the are of law the lawyer practices. For example you might have a bankruptcy law attorney, or a divorce law attorney or criminal law attorney. Elder law focuses on government benefits, planning for the eventuality of incapacity and providing legal solutions for problems arising out of incapacity. An attorney who practices elder law may also practice in other areas as well.
There are 4 fundamental requirements for a good elder law attorney
FIRST the attorney must understand how the aging process may pit parent against child in what seems to be a battle of who will control the elder’s life. The attorney must help both to work harmoniously to the same goal of Safe Independence for the elder.
Second, the attorney must understand how various legal documents must be drafted to ensure the elder’s goals are met.
Third, the attorney must have a profound understanding of the primary government programs that will assist an elder during incapacity, and here I refer to:
the ever changing provisions of Medicare;
the Veterans benefit for wartime veterans, commonly known as Improved Pension with Aid and Attendance;
And the Medicaid benefit for long term nursing home care.
The eligibility requirements of these programs can simply wreak havoc on the life plans of elders and the Elder Law attorney’s job is to coordinate the elder’s values, goals and resources to come up with a solution that leaves the elder much better off than before. For example, if an elder has a child who lives nearby, the elder may be able to “employ” the child for services and have the government program recognize the employment as a legitimate expense.
Fourth, the attorney must make you feel comfortable that he understands your problem and will work with you to find your solution.
In short the Elder Law attorney, must not only know the law that applies to aging, but understand the aging process and how it affects elders and their families.
I’ll cover in another post the subject of how to choose an elder law attorney. Till the next time,
Jim
