Just a few short years ago, you probably had never heard the expression “Elder-Law”. Today however, it 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 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 Practices:

It 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.

It 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. 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 the 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 this specialty is available for our support and the defense of our rights.

One of the best things about U.S. law is that there are so many different areas of it that cover all aspects of life. Elder law is just one of the many different areas of law that attorneys can specialize in. Elderlaw involves helping elderly people plan for their future and for what happens after they pass away. While it’s not a subject that people enjoy talking about, it’s a necessity for all elderly people. Attorneys who practice elder law can help elderly people with all aspects of their current life and assets. One of the biggest areas that those who practice elder law in Brevard County can help with is Medicaid planning. Because Medicaid laws are constantly changing, it’s important to start the planning process as early as possible. Elder law attorneys can help elderly people qualify for Medicaid and the benefits that come along with it.

Estate planning is another area in which elder law attorneys can help elderly persons. All of the assets that belong to a person must somehow be divided among beneficiaries in a legal way so that there are not complications after the person passes on. The attorneys will help the client organize the assets and create a Will that will designate where the assets go. Lastly, an attorney can help the clients plan for a nursing home for later in their life. While most do not want to end up in a nursing home, the majority of elderly people do at some point. Because nursing homes are extremely expensive, using an attorney to help argue contracted prices at a nursing home will save an elderly person thousands of dollars in the future.