The Basics: What Is Elder Law?

The lawyer who practices elder law may handle a range of issues but has a specific type of client: seniors. Elder law attorneys focus on the legal needs of the elderly, and work with a variety of legal tools and techniques to meet the goals and objectives of the older client.

The three major categories that make up elder law are:

  1. Estate planning and administration, including issues concerning taxes
  2. Medicaid, disability and other long-term care issues
  3. Guardianship, conservatorship and commitment matters, including fiduciary administration

Examples of issues that fall under the umbrella of elder law include: special needs trusts; Medicare and Medicaid coverage; Medicaid planning (United States); pensions; retirement planning; wills and trusts; protection against elder abuse/neglect; fraud; end-of-life planning, nursing homes and in-home care; powers of attorney; physicians' or medical care directives; declarations and powers of attorney; landlord-tenant needs; real estate and mortgage assistance; all levels of disability and medical care; various levels of advice; counseling and advocacy of rights; and, tax issues and discrimination.

A Brief History Of Elder Law

The Older Americans Act (OAA) was originally signed into law by President Lyndon B. Johnson on July 14, 1965 (the same year Medicare was created). The signing of this law started an initiative to assist and provide for the aging in America. Not long after the OAA was signed, Department of Health and Human Services created the Administration on Aging (AOA). The OAA authorized grants to states for community planning and services programs, funding for research, and demonstration and training projects in the field of aging.

In 1972, amendments to the OAA added the national nutrition program for the elderly. The OAA was amended in Nov. 2000 to include the National Family Caregiver Support Program that was intended to help hundreds of thousands of family members who are struggling to care for their older loved ones who are ill or who have disabilities. This program provides grant funding for combined services between state and local agencies for such things as counseling, support groups, respite and other community-based services. These services are focused on the care of the frail and aging members of society. The program also provides services geared toward the family units of grandparents and other older relatives now in the stages of caretaking for related children 18 years of age and under.

Why Choose Weber Elder Law Offices?

There are no two situations exactly the same. What works for one may not work as well for others. Weber Elder Law Offices knows that and approaches each case openly with interest and concern. We listen to the needs, requirements and background of each client to counsel them in making good solid choices and plans for their future.

In short: Weber Elder Law Offices cares about the clients' individual needs.

Whether you need assistance with general estate planning, the Medicaid application process, special needs trusts, guardianships and conservatorships, wills and trusts, or long-term care planning, Weber Elder Law Offices is here to help. Call us at 913-624-9366. You can also send us an email.