What does an Attorney specializing in Elder Law do?
Elder Law Attorneys are lawyers with experience in the legal issues that affect us as we age or become disabled.
A. Wills, trusts, probate, guardianships and estate planning are traditionally thought of as issues relating to age, disability and death.
B. Elder law attorneys are also familiar with incapacity planning, health care cost planning, Medicaid, Medicare, Social Security, and nursing home rights.
C. As defined by the Florida Bar, “elder law” means legal issues involving health and personal care planning, including: advance directives; lifetime planning; family issues; fiduciary representation; capacity; guardianship; power of attorney; financial planning; public benefits and insurance; resident rights in long term care facilities; housing opportunities and financing; employment and retirement matters; income, estate and gift tax matters; estate planning; probate; nursing home claims; age or disability discrimination; and grandparents’ rights. The practice encompasses all aspects of planning for aging, illness and incapacity. Elder law clients are predominantly seniors, and the specialization requires a practitioner to be particularly sensitive to the legal issues impacting these clients.
D. The practice is not necessarily age related. Disability and incapacity planning are important aspect of many elder law attorneys’ practices, e.g., testamentary and intervivos supplemental needs trusts where preservation of public benefits are at issue; and, other trusts available to provide for those who cannot or should not manage finances and personal issues.
