Articles

What is an Elder Law Attorney?

As Elder Law attorneys we are often asked, "What makes an elder law attorney different from other attorneys?" The short answer is that elder law is not just about the law; it's about the person as well. As elder law attorneys we help people with their legal matters, such as long-term care and estate planning, wills, trusts, durable powers of attorney, and health care powers of attorney, but we go beyond those legal matters.

When assessing a client's needs we also examine how clients are (or are not) functioning in their homes and/or communities. We assess how a client's social support network, physical environment, and psychological wellbeing impact a client's capacity to function well. We look for ways to improve these areas to improve client functioning.

As elder law attorneys we typically assess a senior's capacity to function well in the senior's home environment. We identify services (e.g., in-home care, home-delivered meals, and medical transportation) that can be brought to the senior to help him or her age-in-place. We may advise caregivers on better ways to communicate with older loved ones who have memory or sensory issues. We may identify alternative housing options (like assisted living) if the senior's needs may be better served by moving. We also may help our clients apply for public benefits (like MaineCare and VA benefits), connect with social activities, cope with change, downsize, or any number of activities to help them manage better in their environment.

Information about a client's income, assets, health insurance, and long-term care insurance help us determine what kind of services the client can afford or if the client may be eligible for public benefits or other subsidies. The existence of powers of attorney or advanced directives informs us of a client's end-of-life preferences, as well as whom a client trusts to help with healthcare or financial decisions.

We also look at the element of change. Was a client functioning well a year ago? Has the client experienced a sudden change in memory? Was there a time when the client was able to better manage his or her medications? If there's been a change, when did it happen and what may have caused it?

The elder law attorney typically will ask about a senior's capacity to care for self, as well as any help the senior currently receives from family, friends, or paid caregivers. Specifically, we may ask about the senior's capacity to walk, bathe, dress, groom, toilet and transfer (get in or out of a chair, bed, and tub). These skills sometimes are called "activities of daily living" or ADLs. We may also ask about "instrumental activities of daily living" (IADLs). These IADLs refer to skills such as cooking, shopping, housework, money management, medication management, and transportation.

As elder law attorneys we take a "holistic" approach to serving our clients. With elder law, the legal analysis, legal documents and legal advice are important, but it's really about the person; the wellbeing, independence and integrity of the person.