What is "Elder Law," Anyway?
By Gabriel Heiser

The field of "elder law" (or "elderlaw" as it is also known) is a relatively new one. Before the term existed, attorneys who currently specialize in elderlaw generally worked as estate planning, disability, or government benefits attorneys. Over time, it began to be recognized as a separate and distinct category of legal knowledge. Soon state boards of specialization were recognizing elderlaw as a separate specialty. The only national organization devoted to elderlaw, the National Academy of Elder Law Attorneys (www.NAELA.org), was founded in 1988 to focus on the legal needs of the elderly.

Attorneys who desire to work with the elderly and the disabled have to have a working familiarity with the following:

federal and state government benefits programs for the elderly and disabled, such as Medicaid, Medicare, SSI, and SSDI

the law of wills
the law of trusts
real estate law
the rights of spouses
contract law
intestacy rules
estate tax
income tax

--and, they have to be darn good in math, since they often have to create spreadsheets and run complex calculations as part of their benefits planning

Mediation, When the Family Can't Agree.
By Robert A. McFarland, JD

The story has been heard any number of times about family members who cannot agree about whether an aging parent should go to an assisted living facility or have in-home care. Often related to these questions is whether a guardian should be appointed for the parent.  Such disputes can turn ugly and eventually find their way into court where family members fight it out at great monetary and emotional expense.  Furthermore, the family is left broken and alienated. 

For the last twenty years, according to a 2006 report by the American Bar Association Commission on Law and Aging (1),  there have been a number of studies done by various groups in a number of states around the country which all point to a rapid increase in the number of guardianship cases filed.  The majority of those cases involve family members.  

Other family-related litigation which has been on the increase has been the challenging of the validity of Wills (generally called caveats) and disputes over who will handle trust monies or estate administration.

Litigation is a vexing, emotional and expensive experience.   Its results, while conclusive on the short term, leave family members bitter.   The bitterness many times leads to more litigation later by other family members who feel aggrieved.

Will Your Advance Directive Survive You?
By Nicholas Fagan 

An advance directive is also known as a living will form, and it is a document that specifies your wishes if you become mentally incapacitated or unable to communicate those wishes to your health-care provider yourself. In a living will form you can specify whether or not you want specific treatment or life support.

A living will is unlike a regular legal will because most courts will recognize and respect your wishes even if it is contrary to some people's interpretation of the current state/federal laws. With that said, sometimes doctors will be sued for malpractice when he or she has been put into a situation where they must decide whether to treat a patient who may recover, or follow the wishes expressed in the patient's living will form.

As a Senior, What You Need to Know if You Fall
David L. Hirsch

One of the greatest concerns for you when you are leading an elderly lifestyle is "falling".  When a serious fall occurs, the first concern is for the injured party's care and for not complicating injuries by moving the individual before the extent of the injury is clear. Emergency medical attention is a must.

"Why the fall?"  If insignificant, determine how to avoid it reoccurring and creating a more serious problem.

If serious, "why the fall?" is critical for compensation.

A common misconception is that a premises owner is the insurer of the safety of customers. This is not the law in Florida nor has it ever been the law in most states.

Your Durable Power of Attorney May Need to Be Replaced
By Gabriel Heiser

Many of my clients come in with a "durable" power of attorney, believing they are all set with it. However, after carefully reviewing it, I invariably have to recommend they need a new one. Why is that?

First of all, if the power of attorney is more than five years old, many financial institutions may simply refuse to honor it, believing that it may have been revoked.

You may not realize it, but some states even provide that any person who arbitrarily or without reasonable cause refuses to comply with the directions of the agent named in a valid power of attorney will be liable for costs, expenses and attorney's fees to appoint a conservator or go to court to enforce the power of attorney.