You may have heard the term “silver tsunami” used in explaining the number of baby
boomers reaching retirement age, declining birth rates and individuals living longer. The U.S.
Census Bureau projects that by 2035, for the first time in U.S. history, there will be more adults aged
65 and older than children.
As the number of seniors increases in America, the need for elder law attorneys who are
qualified to understand the unique planning needs of this population will grow. In choosing an elder
law attorney or any advisor, always remember: “Be careful in choosing.”
Hiring an attorney is a difficult decision, but elder law, in particular, is a complicated field.
Beyond simple estate planning, a good elder law attorney will advise clients on a range of long-term
care planning issues, taking into consideration emotional and other non-legal issues. Estate planning
– taking care of what happens to your assets after death – is just one facet. The other is taking care
of your assets, needs and physical care before that event. Elder law attorneys help you plan for
illness, disability, or incapacity. As people live longer lives, their extended care will become more
and more of the planning focus.
Just as you would seek out a certain type of physician for open-heart surgery, you should
seek out an attorney who has focused his or her career in the limited practice area of elder law for
long-term physical care and financial planning needs. A good elder law attorney offers far more than
an attorney who does not focus on this particular area of law.
An experienced, well-qualified elder law attorney has the background to recognize problems
that you aren’t aware of, such as the consequences of powers of attorney and potential conflicts
between different family members. The purpose of careful planning is to ensure your desires are
carried out even when you can’t speak for yourself. You want to be certain that your attorney can
evaluate all the consequences of your written word, especially consequences you do not anticipate.
For example, many people feel very strongly about “not ending up in a nursing home,” and
their first inclination is to prohibit a nursing home stay. A blanket prohibition, however, eliminates the
ability of caregivers to get permission from a judge to do so. An experienced elder law attorney will
help his or her client avoid such pitfalls. For example, an out-and-out prohibition on nursing home
stays – dreaded by many – may prevent the one who holds a medical power of attorney from
authorizing a short-term, rehabilitative stay. Getting necessary authorization would mean additional
legal fees and time, all avoidable by using an experienced elder law attorney who can spot trouble
before it starts.
Once you have decided to select an elder law attorney, you should be certain to find one with
the breadth and depth of experience to recognize the myriad of legal and personal issues that can arise during the representation. Often, grown children will seek out counsel on behalf of their parents
and it is important to select an attorney who understands the complications that can occur.
According to the National Academy of Elder Law Attorneys (NAELA), you should find out
how long an attorney has been in practice and what percentage of the practice is devoted to elder
law. Many estate planning attorneys have simply added “elder law” to their business cards. Beyond
wills and trusts, you should know that the elder law attorney you select has a wide range of planning
experience.