What Exactly is Elder Law?

The term Elder Law refers to the people an attorney serves rather than the type of work handled. The legal issues facing the elderly are often complex and interrelated. Thus, it is important for an attorney to be familiar with the many laws and regulations affecting seniors in areas such as Medicaid, Medicare, Real Estate, Social Security, Disabilities, Nursing Homes, Probate, Insurance, Health Care, Housing, Elder Abuse, Banking and Investments, Mental Health, Trusts, Pensions, Asset Preservation Transfers, and Taxes. The solutions to problems in one area often create problems in other areas.

Attorneys who work with the elderly bring more to their practice than an expertise in the law. They have an understanding of the elderly that allows them and their staffs to ignore the myths related to aging. At the same time, they will recognize and empathize with some of the true physical and mental difficulties that often accompany the aging process.

An Elder Law Attorney is also aware of the real life problems, health and otherwise, that people experience as they age. They are tied into a system of social workers, psychologists and other elder care professionals who may be of assistance to their clients. The following is a brief description of some of the legal areas where Elder Law Attorneys can assist Seniors and their families.

ESTATE ADMINISTRATION

A death in the family is a very traumatic event which is highly disruptive even though it may have been anticipated. At this time of grief, the survivors are faced with the myriad of details involved in administering the estate. An Attorney's guidance is invaluable in transferring probate and non-probate assets, securing appraisals, arranging sales, calculating taxes, preparing accounts, handling the paperwork and meeting the deadlines involved. An Attorney's compassion and support are equally important as the client deals with financial adjustments, new responsibilities, and family dynamics.

ESTATE PLANNING

A complete estate plan addresses not only how the client's assets will be transferred after his death, but also how his affairs will be managed if he should become incapacitated. Wills, Trusts, Insurance, Deeds and Powers of Attorney for both Health Care and Finances are the basic legal tools used to build an estate plan. Before deciding the proper tools to use, the attorney must understand and analyze the individual client's financial condition, family situation, goals and desires.

MEDICAID PLANNING

The need for long term care at a nursing home can devastate a person and one's family. The spouse at home can be especially overwhelmed by new physical and emotional demands, the financial drain, and lack of knowledge and confusion regarding the Medicaid system.

An Attorney can assist the family in developing a plan to preserve the value of many assets, including the marital residence, by assembling the necessary documentation and helping the client understand his rights within the system.

GUARDIANSHIP AND CONSERVATORSHIP

Age, disease or accident can sometimes rob a person of the ability to care for their personal or financial needs. New Jersey law prescribes a method by which a guardian (of a mentally disabled person) or a conservator (of a physically disabled person) can manage that person's affairs under the supervision of the Court.

An Attorney can help the guardian establish the guardianship, set up investments, handle special actions such as the sale of household goods or real estate, inventory the assets, and make reports and accounts to the Court. An Elder Law Attorney, familiar with the many resources available, can assist in establishing a plan of care for nursing, food services, health and safety devices, long term care and other services available to help the disabled.

WHY SHOULD I SEE AND ELDER LAW ATTORNEY?

A primary goal of an Elder Law Attorney is to allow Seniors to maintain the greatest amount of control over their personal and financial decision making. Should a Senior become mentally or physically ill, the Senior could be placed in the unfortunate situation where decisions might be made on their behalf by individual they do not even know. Through the use of properly drawn Powers of Attorney and Medical Directives, a senior can maintain their dignity and have their wishes carried out even if they should fall ill. It is never to early to begin this planning. By preparing for your future now, you can provide peace of mind to both you and your loved ones in the future.

Gary B. Cornick, Esq., who has offices in Somerville and New Brunswick, New Jersey, concentrates in the practice of elder law, Medicaid law, estate planning, guardianship, estate litigation and probate administration.   He lectures to seniors, senior organizations and lawyers throughout New Jersey.  Mr. Cornick is a member of National Academy of Elder Law Attorneys, New Jersey Bar Association, Somerset County Bar Association, New Jersey Bar Association Elder Law Committee, Somerset County Bar Elder Law Committee, and a co-chair of the Middlesex County Bar Association Elder Law Section.  Mr. Cornick can be reached by telephone at  (908) 253-0404.  The firm website is located at www.cornicklaw.com.