Collin County Living Well Magazine Winter 2014 | Page 21

WHY HIRE AN
ELDER LAW ATTORNEY?
By Erin Peirce and Lauren Olson
With more than 10,000 people turning 65 every day, the senior population – along with its complex legal concerns – is growing at a rapid rate. Unfortunately, that means seniors are increasingly vulnerable to those who
are looking for an easy profit. It also means more and more individuals will have had some sort of experience
with elder care issues, and will claim to have an “expert opinion” based on that limited experience. Often,
nothing can be more damaging than an opinion based on limited experience with a limited understanding of
the ramifications.
These days, it is very difficult for an
attorney to be a “jack of all trades.”
The laws have become too complex. When it comes to the needs
of seniors, many people, including
many attorneys, do not know what
they do not know. Thus, like other issues concerning older
adults, elder law has
become a growing
area of legal practice.
As we age and require
more assistance from
others, it is important
to plan for your future
and ease the financial and emotional
burdens on your loved
ones. In doing so, it
can be very helpful to
engage the expertise
of an elder law attorney to navigate legal
issues specific to the
needs of seniors.
Unlike other legal fields, elder law
focuses on a type of client, rather
than a particular area of law. Elder
law attorneys handle a variety of
matters that affect seniors and individuals with special needs, including the legal aspects of healthcare
decisions and long-term care planning. Attorneys who focus on elder
law anticipate situations involving
incapacity and public benefits,
and can address issues concerning
Medicare, Social Security (including SSDI and SSI), Medicaid, and
VA benefits. Elder law attorneys address estate planning with a unique
perspective, by ensuring that necessary documents (including wills,
powers of attorney, and special
needs trusts) contain appropriate
terms in anticipation of the possible

need for public benefits to fund
long-term care. Additionally, many
elder law attorneys handle probate matters, guardianships, elder
abuse, discrimination, and a variety of other issues faced by seniors
and those with special needs. Elder

law attorneys aspire to comply with
national standards to understand
and empathize with the physical
and mental difficulties that accompany the aging process, while
maintaining the goals of preventing future problems and maximizing the quality of life for seniors.
There are varying levels of expertise
among attorneys who hold themselves out as “elder law” attorneys.
The National Academy of Elder
Law Attorneys (“NAELA”) provides
a free listing of attorneys who focus on elder law. NAELA attorneys
have committed to the mission of
providing legal advocacy, guidance, and services to enhance the
lives of people with special needs
and people as they age. Only a select few of these NAELA attorneys

have been certified by the National Elder Law Foundation and carry
the prestigious title of Certified Elder
Law Attorney (CELA). The National
Elder Law Foundation is the only
national