Today however, Elder-law is becoming a practice that is gaining more widespread acceptance. it is loosely defined as laws that affect the elderly. However, this is only part of the story. Here are the most common aspects of Elder-Law in the United States.

Elder-Law Certifications:

While certification is voluntary, many seniors are advised to seek the counsel of a Certified Elder-Law attorney. The certification requires proof from these attorneys that the following criteria are met:

* licensed to practice law in at least one state
* be actively practicing law for five years prior to applying for certification
* must be a member in good standing in the bars where they are licensed to practice
* have to display that they have averaged 16 hours per week to elder law over the 3 years prior to application plus handled at least 60 elder law cases during that time
* have participated in Continuing Education focused on elder law
* must provide five references from other attorneys with qualifications in elder law
* must pass the elder law certification exam

If an attorney has received certification, you should be able to identify them by the certification initials that follow their names, namely CELA.

Type of Advice available from Elder-Law Practices:

Elder-law is not as simple as it may seem at the outset. Attorneys who elect to specialize in elder law agree that they will assist not just elderly clients, but their caregivers in many cases as well. These attorneys may be involved in planning for health and personal care, helping with powers of attorney, helping with financial aspects including housing, and tax matters. In addition, elder law also encompasses such things as asset protection, public benefits and more.

Elder-law may also delve into more familial matters such as grandparents’ rights, age discrimination for employment, will and trust planning as well as planning for aging and assisting well spouses with planning for long term care for their spouses who are incapacitated. Elder-law specialists may also get involved in capacity hearings, guardianship and patients’ rights while under care at medical facilities.

Protection of Seniors:

In addition to the items mentioned above, there is sadly much reason for us to be concerned about the treatment of the elderly. As economic conditions become increasingly dire for larger percentages of the population it is not unusual for senior citizens to become the target of scams. In addition, family members may begin taking advantage of their elder parents and in some cases this can lead to cases of abuse. It is becoming more critical for those whom are elderly to have their own advocates. This is where elder-law becomes a critical function in the legal field.

As the population growth spurt known as the Baby Boom ages, we are bound to see more need for protection for ourselves or our loved-ones as they age. We may glad to know that the Elder-Law specialty is available for our support and the defense of our rights.

The purpose of this task is to assure the court that you have not attempted to hide assets in order to protect them from being seized and liquidated to pay back creditors. Some people, in an attempt to hold on to asset, will either give it to a family member or friend with the intention of having them give it back to you once you have file bankruptcy and had your debts discharged. For example, you may own a vacation home that you don’t want to lose in the bankruptcy proceedings. So, you transfer the deed to your Uncle Joe. The goal, in your mind, is to protect this asset from being sold to pay back your creditors. There is an implicit or explicit understanding between you and your uncle that once the bankruptcy proceedings are over with, that he will deed the property back to you.

While this all sounds good, in theory – in practice, you have committed fraud in the eyes of the bankruptcy court. If discovered, the court will most likely rule this as a fraudulent transfer of assets. In this case, the likely outcome is that the asset will be seized anyway, liquidated for the creditors, and the bankruptcy dismissed. In other words, an all around loss for you. You may think that you can hide your transfer by simply responding no when asked if you have transferred any property within the last two years. However, if you do this, you have committed perjury which not only puts you at risk for a jail term but, in addition, nullifies your bankruptcy request.

If you have substantial assets that you really want to protect, the best way to handle a situation like this is to gift the asset away and then wait two years. This way no red flags will be set off when you are asked if you have transferred any assets within the past two years, because in truth you have not. Of course, not everyone can wait two years to file for bankruptcy. In this case, your best option is to try to have the asset claimed as exempt from liquidation. Depending on the state that you are filing bankruptcy in and type of property under discussion, your request may be granted. If not, you might want to reconsider whether bankruptcy is your best option.