By Attorney Maria Baler (April 2011)

This month is National Elder Law Month. Its purpose is to raise awareness of the assistance elder law attorneys can provide to seniors and their families.

Elder law is often described as a holistic area of law, as elder law attorneys are experienced in reviewing and providing legal advice about may different aspects of a senior’s life – from housing options, to health care, to estate planning, to public benefits, and more. Elder law attorneys are different than traditional lawyers in that they focus on a specific population, rather than one practice area.

In furtherance of the purposes of National Elder Law Month, here are five important services an elder law attorney can provide to seniors and their families:

1. Estate planning
Creating and maintaining appropriate estate plan documents is important for people of all ages. Documents such as Wills and Trusts ensure a person’s assets will be left to their intended beneficiaries and that their wishes will be carried out upon death. Powers of Attorney and Health Care Proxies allow individuals to appoint people to make financial and health care decisions on their behalf if they are no longer competent to make those decisions themselves. Unlike many typical estate planners, elder law attorneys have a particular focus on integrating estate planning with other goals that are important to seniors, such as protection of assets from long-term care costs or qualification for veteran’s benefits or other public benefits. Elder law attorneys can also help seniors understand the ways in which certain planning strategies may or may not be consistent with other estate planning goals, such as treating family members equally or planning to reduce estate or income taxes that may be payable by heirs.

2. Locating resources for care and assistance
Elder Law attorneys are familiar with the network of services and providers available to assist elders in a number of areas. These include local state agencies, called Aging Service Access Points, which serve as the entry point for services available to elders in a given community. Elder law attorneys help identify the appropriate state and federally funded programs that provide services and support to elders and their families. Elder law attorneys can also connect seniors with local Geriatric Care Managers (GCMs) who can be an important resource for seniors and their families. GCMs focus on the unique needs of elders who require assistance and can help locate resources and coordinate care specifically tailored to the needs of an individual elder’s situation. GCMs can be a particularly valuable resource for families who live at a distance from an elderly relative and need an experienced and knowledgeable local person to be familiar with the elder’s day- to-day needs, monitor care, and advise the family when changes are necessary. GCMs can also help identify appropriate assisted living and nursing facilities if the need arises.

3. Assisting with qualification and application for public benefits
There are many public benefit programs available to assist low-income and low-asset elders with the care they need. These include the different veterans’ benefit programs as well as the Medicaid/MassHealth program, which provides both community and institutional benefits to eligible individuals. Elder Law attorneys stay updated on the frequent changes to the laws and regulations that govern these benefit programs and the eligibility requirements. Elder law attorneys also advise clients how to obtain and maintain eligibility for these programs, which can provide important care and other types of assistance often crucial to allow older adults to maintain their independence.

4. Guardianship and Conservatorship
In circumstances where an elder is no longer able to make decisions for him or herself, an elder law attorney can assist family members in obtaining authority from the court to make decisions on the elder’s behalf. If the assistance needed relates to the elder’s assets only, a conservatorship will be necessary. If personal decisions must be made for the elder, such as where the elder will live, what type of medical care will be provided, or whether the elder will be admitted to a hospital or nursing home, a guardianship may be required. Elder law attorneys can help families assess the situation and determine if existing documents such as Health Care Proxies or Powers of Attorney provide the authority necessary to assist the elder, or whether the appointment of a guardian or conservator is required.

5. Educating elders and family members
One of the most important services elder law attorneys provide is educating elders and their families about resources and planning strategies that are appropriate to each individual client. There is a tremendous amount of information available to elders about estate planning, long-term care, public benefits, financial planning, and a host of other topics. However, along with this wealth of information often comes confusion and misinformation. A plan that is appropriate for one senior may be inappropriate for another. Elder law attorneys are a valuable resource to elders and their families, providing advice and guidance on complex issues tailored to each individual’s particular means, needs and wishes.

This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney.

Attorney Maria Baler is an estate planning and elder law attorney and a partner with the Dedham law firm of Samuel, Sayward & Baler LLC. She is also a director of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA). For more information, visit www.ssbllc.com or call (781) 461-1020.