What is Elder Law?
The aging population in America is growing, and growing dramatically. In 1900, only four percent of the population was age 65 or older. That percentage represented only three million citizens. In 2000, the percentage was thirteen, equating to 35 million persons. Projections for 2020 are 16% or 53.3 million. By the year 2040, the percentage of Americans over age 65 will be 20%, representing 81 million individuals.
Such dramatic growth in the senior population has untold ramifications. Just think of the political, economic, and cultural implications of an ever graying U.S. population. Aging becomes a political time bomb when you consider funding (taxation) for Medicare and Social Security, disregarding all other public entitlements. From a business perspective, an entire industry has evolved around the senior market. Elder care, or services unique to senior citizens, encompasses medical, social, psychological, entertainment, housing, financial and legal services. Health care professionals specialize in geriatrics. Financial advisors earn certifications in long term care insurance. Entire residential communities market to retirees. And, yes, even lawyers focus their practices in the growing area of elder law.
As I once explained to a prospective client who questioned my credentials based on my youth, “elder law attorneys are not just old lawyers.” Elder law is defined based on the age of the client, not based on the age of the attorney.
Elder law embraces multiple areas of the law. Elder law attorneys represent parties in probate administration, probate litigation such as will contests, and adult guardianships or conservatorships. Other areas of elder law include the preparation of wills, trusts, advance directives, and other estate planning documents. Elder law attorneys prepare revocable grantor or “living” trusts for the purpose of avoiding probate at death and special needs trusts for the purpose of ensuring a beneficiary’s eligibility for Medicaid and other means-tested or needs-based government benefits.
Elder law also includes tax advice and counseling regarding income taxes, estate taxes, and gift taxes. Elder law attorneys advise clients regarding Social Security, Medicaid, Medicare, Veterans and other government benefits.
Some elder law attorneys represent the elderly in nursing home litigation and elder abuse. Elder abuse may include both physical abuse and financial abuse. Financial abuse occurs when someone takes advantage of an elderly person’s physical or mental disability for personal financial gain. Examples of financial elder abuse include charging for services or products not provided, charging more than reasonable for services or products provided, borrowing funds and not repaying the funds, personal guarantees by the elder on loans which the borrower does not intend on repaying, and outright theft.
Attorneys who focus their practice in the field of elder law are more than just lawyers with legal knowledge and experience in one specific field of practice. Elder law attorneys have non-legal knowledge and experiences unique to the population they serve. Elder law attorneys understand the concerns of seniors, they have dealt with issues relating to aging and competency, they know what aging resources are available to the elderly in the community, and they have relationships with other professionals who provide elder care services to seniors.
Elder law attorneys meet their clients at a time in their lives when the client is most vulnerable. Clients are experiencing the good and the bad associated with the aging process. Clients come to rely on the elder law attorney as a resource, viewing the elder law attorney as lawyer, advocate, advisor, counselor and educator.