The term ‘Elder Law’ is commonly used, but its definition differs among legal professionals and the general public. As per the National Elder Law Foundation (NELF), Elder Law is a legal field that concentrates on advising and advocating for older individuals, those with special requirements, and their representatives. This involves planning for health and long-term care, public benefits, making decisions on behalf of others, legal capacity concerns, and managing and carrying out estates, taking into account tax implications or the need for specialized tax knowledge.
NELF, acknowledged by the American Bar Association, certifies lawyers as Certified Elder Law Attorneys (CELAs). Elder law, like family law, covers a wide range of legal topics that are specifically designed to meet the requirements of older adults and those with disabilities. These regions consist of:
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- Planning for one’s health and personal care.
- Pre-death legal planning (wills, trusts, etc.).
- Representation as a fiduciary.
- Advice on legal competence.
- Government assistance and certain requirements.
- Insurance, rights of residents, and housing concerns.
- Job assistance, guidance on retiring, legal disputes, and support in dealing with government agencies.
- Guidance for seniors.
Focus areas in Elder Law:
Several elder law lawyers specialize in particular fields such as estate planning, public benefits, and disability planning. The field focuses on legal areas that affect older individuals, a group that was previously described as those over fifty-five but is now frequently associated with people over sixty-five, which is the age for federal Medicare benefits.
The American Bar Association (ABA) organizes elder law professionals in many divisions, such as the Real Property Trust and Estate Law Section and the Senior Lawyers Division. The ABA Commission on Law and Aging concentrates on legal matters concerning older individuals and the population of seniors.
The Development of Elder Law Practice:
The origins of elder law can be traced back to the dissatisfaction experienced by lawyers who specialize in Medicaid and public benefits planning. This led to the establishment of the National Academy of Elder Law Attorneys (NAELA) in 1987. The expansion of NAELA showed that many lawyers were interested in specializing in elder law. As a result, NAELA leadership established NELF in 1993 to certify elder law practitioners, a practice that presently includes approximately five hundred CELAs across the country.
Increasing Range and Areas of Expertise:
The meaning of elder law has changed over time, with NAELA broadening its objective in 2003 to provide legal services for individuals with special needs, regardless of their age. The field currently includes areas like as planning for protection, lawsuits related to financial abuse, challenges involving multiple states, and care at the end of life.
The Influence of Elder Law on Contemporary Legal Practice:
The growing lifespan of Americans has brought attention to legal matters related to dementia, requiring the need for protective planning for those with reduced abilities. Lawsuits related to financial abuse and exploitation have increased, in part because of changes in society and the economic downturn of 2008-2009.
The ABA Senior Lawyers Division actively participates in elder law, advocating for legislative changes and supporting federal rule-making related to elder care. Their efforts cover a variety of topics, including senior driving and living will laws.
Senior law is a changing and important legal area, increasing in significance as the population gets older. This column seeks to help experienced lawyers comprehend the effects of aging on legal practice, emphasizing the various facets of elder law and its significance in addressing the challenges presented by older adults and those with specific requirements.
