What is Elder Law?
Elder law is a unique branch of legal practice that seeks to address the interests of the elderly in society who are also known as senior citizens. The elderly are oftentimes, the most vulnerable, particularly in the area of legal well-being, emotional distress occasioned by a lawsuit, etc. because of their age and the mental capacity to understand the nitty-gritty of the complex nature of law.
Elder abuse can happen at home with caregivers who are family members or hired professionals, or in institutions such as nursing homes, convalescent homes, or other long-term care facilities.
According to the National Center on Elder Abuse, a study that interviewed 2,000 nursing home residents found that 44 percent reported they had been abused and 95 percent reported they had been neglected or witnessed the neglect of another resident”.
What is elder abuse and why is it important to address the same?
Elder abuse is defined as an intentional act that causes injury or poses a danger of harm by a carer or another person who the older person properly trusts. This can include a failure to satisfy basic or hygienic needs, intentional overmedication, or a failure to protect the elder from falls and other harm.
What makes elder abuse even more dangerous is the sheer helplessness of the act. The helpless feeling of being aware of the abuse, yet lacking the physical strength because of age, ill health, or mental capacity to stop the abuse. The elderly are not children, they are adults who in one way or another, have paid their dues to society and deserve to be treated with the utmost care.
Who are elder law attorneys?
Elder law attorneys are legal practitioners with a vast knowledge of elder law care. The elder law attorneys are conversant with the requisite laws of various states which provide for the well-being of the aged.
Retirement, estate planning, healthcare, guardianship, assisted living, etc. are some of the important matters an elder law lawyer will help the aged navigate by providing both advisory and technical help. Elder law attorneys are specialists in wills and estate planning, planning for the welfare of a minor or adult with special needs, probate proceedings, durable power of attorney, long-term care options, and other related concerns.
Age is one of the natural phenomena of life. Elder law is an aspect of legal practice that was borne out of necessity. The United States has provided adequate laws structured to protect the rights and interests of the aged. Elder law attorneys are specialists in the enforcement of these rights as they help the aged and their families identify their rights and entitlements and advocate the same where it’s been trampled upon as well as protect them from abuse.
The Major Aspects of Elder Law Practice
Elder law care generally addresses elder law issues by providing convenient avenues where the elderly can reach out by themselves or by proxy through a member of their family and get access to an elderly law attorney as well as find the necessary help they seek. The three major issues concerning elder law include estate planning and administration, long-term care issues, and health care management of personal issues.
Estate Planning
Estate planning goes beyond the drafting of a will and other probate issues. A senior citizen, who had amassed wealth in his prime, would want his estate to be in capable hands even after he is long gone. He would want a structure that is capable of providing the right care for him.
The elder law attorney is charged with the responsibility of connecting the elderly with the right experts to preserve his estate when he is still alive but incapable of running his affairs because of old age. The elderly attorney also helps with the proper disposal of the elderly’s estate upon his death as provided by his will, litigation where the need arises, pursuing and processing the elder’s government benefits, retirement benefits, filing his taxes, etc.
Long-Term Care Issues
Long-term care is one of the issues that must be addressed together with elder law. Most people belong to a small family unit, hence by the time they are old and require care, might not have any close family members to help them sort out their basic needs. Long-term care is a basic necessity for an aged citizen.
Adequate shelter, access to medical care, and access to entitlements accruing to a senior citizen are one of the functions of an elder law attorney. The elder law attorney helps to set up the right plan for the well-being of the elderly.
Health Care Management of Personal Issues
The effect of health issues and management of personal issues such as the protection of the elderly where they have special needs because of disability, educating them, and overseeing their contracts and where a senior is either blind or has other forms of incapacity, in these situations, the elder law attorney sees that they are not cheated.
The Center for Elder Law and Justice is an organization set across the states of the United States, charged with the responsibility of providing civil legal services to the elderly, disabled, and low-income earners. Their services cut across housing, consumer rights, elder abuse, family law, and guardianship.
The Center for Elder Law and Justice protects its members from legal or financial risks through their agencies. Helping the elderly live an independent and fulfilled life is the essence of the center for elder law and justice.
Conclusion
The fact that death is the natural end to all living things does not still make it easier for families to say goodbye to their loved ones upon their death. Old age is a reminder that a loved one is nearing their end. With age comes some inconveniences such as illness; a loved one who was once active and independent might suddenly need more care and attention to help them navigate through life.
This reality usually impacts the loved ones of the elderly and if not well managed, might negatively affect their lives. Elderly law attorneys help families to map out a structure that would not only benefit them but also help their aged loved ones live independent and fulfilled lives.
