What is Elder Law?

March 7, 2015

Elder law is the practice of law involving the counseling and representation of older persons and their representatives. It encompasses the legal aspects of health and long-term care planning and financing; public benefits like Medicaid, Veterans Benefits, and Social Security; alternative living arrangements and attendant residents’ rights; special needs counseling; decision making regarding capacity; conservatorships; and administration of the estates of older persons.  Elder law attorneys involve, when appropriate, consultation and collaboration with professionals in related disciplines.
One of the most common concerns facing older individuals is securing appropriate long-term care either in home or in a skilled nursing home facility, without completely impoverishing the family for the cost of the care provided. In addition to helping families secure long-term care without impoverishing the family, elder law attorneys also assist their clients with the following matters:

• Prepare wills, trusts, and other documents so that property will pass efficiently to beneficiaries.
• Assist families in administering estates.
• Advise whether to buy long-term care and supplemental insurance, and evaluate proposed policies.
• Assist in applying for Medicaid, HUSKY, Medicare, and other government programs.
• Advise about Social Security, Social Security Disability, and other public and private retirement benefits.
• Make sure the nursing home patient’s rights are respected.
• Respond to quality of care complaints.
• Represent clients in disputes involving nursing homes, Social Security, Medicare, Medicaid, or managed care.
• Help address instances of elder abuse or fraud.