Elder Law Turns 20

The sub-specialty of elder law celebrates its 20th anniversary this year. While some estate planners began expanding their practices by the mid-1980’s, the anniversary is marked from the date of the founding of the National Academy of Elder Law Attorneys (NAELA). NAELA was approved by the American Bar Association and had its first annual meeting in 1988. Since that time, membership has grown to more than 6000 attorneys all over the country. Only a small fraction of the members devote their practice to elder law exclusively, but all the members receive information and educational opportunities year round from NAELA. Elder law attorneys define themselves as those who consult with older people or those with disabilities regarding legal issues related to aging and disability. In most instances, the issues are going to be related to illness and/or incapacity. At Boyer & Jackson, we firmly believe that pre-planning and honesty in communication among family members helps to avoid hard feelings, and unhappy, expensive legal experiences. However, some illnesses, such as dementia, mental illness and pro-stroke syndromes, among others, do not allow for the luxuries of communication and comprehension. In that case, we hope that families have considered and designated the best decision makers to act when the persons struck with illness can’t do it for themselves. Failure to plan can mean that the wishes most personal to each of us may not be followed because those around you either don’t know, or perhaps will not honor, those wishes. There are plenty of legal tools in the arsenal for us to offer, but the primary goal of planning is to keep your life both personal and personalized, free from the interference of others, no matter how well intended those others might be. Among the types of legal issues that elder law attorneys must learn are “fiduciary” duties, such as those given to an attorney-in-fact, trustee or health care surrogate; contracts, real estate, capacity and guardianship, public benefits such as Medicaid, Medicaid, SSI and Social Security disability; insurance issues, end-of-life choices, nursing home residents’ rights, abuse and exploitation and even criminal matters. Elder courts, which specialize in handling crimes committed by or against seniors, are increasing, as is the awareness of the effects of aging on some individuals’ judgment and executive functioning skills. In addition, elder law is a multi-disciplinary practice, and our entire firm stays abreast of aging service providers and services available within our community. We normally refer clients to other professionals who are needed to complete the planning picture: financial advisors, insurance specialists, geriatric care managers, senior centers, meal programs, etc. To be complete, planning must include as many factors as possible to make daily life manageable and successful. When people do need to change to a residential placement, such as a continuing care retirement community, an assisted living facility or a nursing home, the move often results in better physical and mental health, peace of mind and sense of belonging. Rather than being seen as a defeat, moves often solve problems and create more choices. Denial, fear and anxiety are real, normal emotions and deserve to be acknowledged. But these emotions shouldn’t stand in the way of the problem solving techniques and steps that are needed to create a safe, healthy and satisfying life. Finally, elder law attorneys are committed to the autonomy and dignity of the client - and we seek to serve the needs of the clients within the framework of the family dynamic. Individual wishes must be honored regardless of how they are perceived by others, as long as no unreasonable personal or financial harm will result.
Ed Boyer currently serves as Secretary of the Executive Committee for NAELA, and has been chair of its publications committee in past years. He has also worked with NAELA’s sister entity, the National Elder Law Foundation, which creates a system by which NAELA members can be nationally certified in elder law. Unlike Florida, many states do not have a separate Bar sanctioned certification for Elder law. Mary Alice Jackson served as the chair of the NAELA Political Action Committee in its inaugural two years, and now serves as chair of the Grassroots Advocacy Campaign. Both are grateful for the education and leadership that the founders of NAELA established, and look forward to “paying it forward” to the next generation of elder law attorneys.
The 20th anniversary celebrations will be held in Maui, Hawaii in May, 2008 - aloha!