Collin County Living Well Magazine May/June 2017 | Page 25

National Elder Law Month
M
Courtesy Leu & Peirce, PLLC
ay is “National Elder Law Month,” a national
initiative sponsored by the National Academy
of Elder Law Attorneys (NAELA) designed to
spotlight seniors and the issues they face. NAELA
was formed in 1987 in response to the growing
legal needs of older adults, people with special needs, and
their families. Since its inception, membership in NAELA has
grown to more than 4,000 members and 27 active chapters,
commensurate with the needs of the fastest growing segment
of the American population. For the next twenty years, an
average of 10,000 people will turn 65 every day. NAELA
devotes most of its resources to the education and training
of attorneys who can address and advocate for the needs of
seniors and those with special needs – Elder Law attorneys.
• A HIPAA Release and Authorization names
individuals who may access your health information.
• A Directive to Physicians (Living Will) provides
direction to your agent under the medical power of
attorney regarding your desires about life-sustaining
treatment.
• A Declaration of Guardian names individuals you
trust to be appointed your guardian, if necessary, as
well as individuals who should never be appointed.
“Elder Law” is defined by a type of client, rather than a
type of law. Attorneys who primarily work with seniors
appreciate the complex financial and social decisions their
clients face. Elder Law attorneys bring to their practice a
knowledge of their clients that allows them to ignore the
myths related to aging and the competence of seniors,
while empathizing with some of the true physical and
mental difficulties that often accompany the aging process.
Elder Law attorneys are also usually tied into a community
of support agencies and organizations, such as geriatric
care managers, psychologists, and other professionals who
may be of assistance to seniors and their families.
Public Benefits (Medicaid/VA). Available
healthcare choices depend on your specific situation and
needs. Elder Law attorneys can help you ensure the proper
level of care, and explore payment options and eligibility
for public benefits.
Elder Law encompasses many different fields of law, includ-
ing the following:

Estate Planning. Everyone should plan for the
future, regardless of their income or asset level. The law
is changing constantly in this area. Books and websites
with pre-printed forms are not always up to date, and the
documents available from these sources may not work in
your State or meet your goals. Elder Law attorneys have
special training and expertise in estate and disability
planning, and are sensitive to the special needs of seniors
and their families. A comprehensive estate plan includes
several documents that together ensure your wishes are
followed and people are in place to assist you if you are
no longer able to act:
• A Will declares your intentions regarding the distribution
of your property after you die.
• A Durable Power of Attorney appoints an agent to
act on your behalf regarding financial and legal matters.
• A Medical Power of Attorney appoints an agent to
make health care decisions for you, if you are unable
to do so yourself.
Probate/Estate Administration. After the
death of a loved one, the legalities involved in distributing
the estate can seem overwhelming. If title to assets needs
to be transferred, a probate court proceeding will usually
be required. The type of proceeding depends on whether
a Will exists, the details of its terms, the existence of debts,
and the value of the estate. Elder Law attorneys can help
you understand your options.
Guardianship.  If you become unable to
make important decisions for yourself, or are subject to
exploitation by unscrupulous people, it may be necessary
for a court to appoint a guardian. Elder Law attorneys
can help you determine if a guardianship is necessary or
whether other alternatives are available.
Elder Law attorneys specialize in helping seniors and their
families address the personal and often complicated legal
issues related to financial and medical care. Because of
their concentration in this area, attorneys whose sole focus
is Elder Law are more likely to have the legal tools and
techniques necessary to meet the objectives of an older
client. If you, or someone you love, need to visit with an
Elder Law attorney, local agencies and support programs,
such as the Alzheimer’s Association, State or local Bar
organizations, or the NAELA website, are good places to
look for a referral. Visit www.naela.org for more information
on NAELA and Elder Law in general.
Lori A. Leu, Erin W. Peirce, Lauren E. Olson, and Laura J. Chavero are Elder Law attorneys
with Leu & Peirce, PLLC in Plano, Texas. They help clients sort through these issues every
day. For more information, call 972-996-2540 or visit www.LeuLawFirm.com.
COLLIN COUNTY Living Well Magazine | MAY/JUNE 2017
23