Why Hire an Elder Law Attorney?

elder law

By Erin Peirce and Lauren Olson

With more than 10,000 people turning 65 every day, the senior population – along with its complex legal concerns – is growing at a rapid rate. Unfortunately, that means seniors are increasingly vulnerable to those who are looking for an easy profit. It also means more and more individuals will have had some sort of experience with elder care issues, and will claim to have an “expert opinion” based on that limited experience. Often, nothing can be more damaging than an opinion based on limited experience with a limited understanding of the ramifications.

These days, it is very difficult for an attorney to be a “jack of all trades.” The laws have become too complex. When it comes to the needs of seniors, many people, including many attorneys, do not know what they do not know. Thus, like other issues concerning older adults, elder law has become a growing area of legal practice. As we age and require more assistance from others, it is important to plan for your future and ease the financial and emotional burdens on your loved ones. In doing so, it can be very helpful to engage the expertise of an elder law attorney to navigate legal issues specific to the needs of seniors.

Unlike other legal fields, elder law focuses on a type of client, rather than a particular area of law. Elder law attorneys handle a variety of matters that affect seniors and individuals with special needs, including the legal aspects of healthcare decisions and long-term care planning. Attorneys who focus on elder law anticipate situations involving incapacity and public benefits, and can address issues concerning Medicare, Social Security (including SSDI and SSI), Medicaid, and VA benefits. Elder law attorneys address estate planning with a unique perspective, by ensuring that necessary documents (including wills, powers of attorney, and special needs trusts) contain appropriate terms in anticipation of the possible need for public benefits to fund long-term care. Additionally, many elder law attorneys handle probate matters, guardianships, elder abuse, discrimination, and a variety of other issues faced by seniors and those with special needs. Elder law attorneys aspire to comply with national standards to understand and empathize with the physical and mental difficulties that accompany the aging process, while maintaining the goals of preventing future problems and maximizing the quality of life for seniors.

There are varying levels of expertise among attorneys who hold themselves out as “elder law” attorneys. The National Academy of Elder Law Attorneys (“NAELA”) provides a free listing of attorneys who focus on elder law. NAELA attorneys have committed to the mission of providing legal advocacy, guidance, and services to enhance the lives of people with special needs and people as they age. Only a select few of these NAELA attorneys have been certified by the National Elder Law Foundation and carry the prestigious title of Certified Elder Law Attorney (CELA). The National Elder Law Foundation is the only national organization that certifies practitioners in elder law. Frequently referred to as the “gold standard” for elder law and special needs practitioners, the CELA certification requires an attorney to have substantially focused his or her practice in the special needs or elder law field for several years. It also entails the passage of a rigorous written examination covering elder law issues across all fifty states.

Attorneys carrying the CELA designation have a unique understanding of the complex legal issues facing seniors and have demonstrated a higher standard of experience and ability necessary to ethically and compassionately counsel on elder law issues.

There are approximately 400 Certified Elder Law Attorneys across the country, and only 25 in Texas. Lori A. Leu & Associates is proud to announce that Lori A. Leu is now one of those few. Through years of practice and hard work, she has demonstrated her enhanced knowledge, skills, expertise, and proficiency in elder law issues and has been recognized as a Certified Elder Law Attorney by the National Elder Law Foundation. Please join us in congratulating Lori on her CELA certification!

For a better understanding of the importance of elder law and the Certified Elder Law Attorney program, and to find an elder law attorney in your area, go to www.nelf.org and www.naela.org.

 

Lori A. Leu, Erin W. Peirce, and Lauren Olson are Elder Law attorneys with Lori A. Leu & Associates in Plano, Texas. They can be reached at 972-996-2540.