Ice Break on the Santa Cruz – and the Importance of Elder Law

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Last week, the National Academy of Elder Law Attorneys (NAELA) held its 2014 Annual Meeting in Scottsdale, Arizona. It was another great time of re-uniting with many long-time friends and meeting many new members of this 4400-member organization. I also had the honor of being inducted on Friday as a Fellow of the Academy, possibly the highest honor that can be given to an attorney for contributions to his or her community, clients and the Academy. I am humbled to be counted among the 90 or so Fellows, who include the founding members of NAELA and other great leaders who have given much to the development of elder law and to advocacy on behalf of older adults and persons with disabilities.

Last week was notable in southern Arizona as well. The Santa Cruz River runs through Tucson, down to the Phoenix/Scottsdale area. For most of the year, this river is dry as it meanders south through the Sonoran Desert. In May of each year, the day and time on which the temperature first hits the 100 degree mark is called “Ice Break on the Santa Cruz.” A friend and fellow elder law attorney let us know ahead of time that we would likely see this occur during our stay last week. Indeed, the temperature reached 104 degrees F. on Friday, May 16. (However, the “ice break” had occurred two weeks earlier when the mercury rose to 102 and 101 on May 3 and 4, then dropped into the chilly 80s and 90s until our stay.)

Some folk seem to get turned off by the term “elder law” and think that it only applies to really old people – like those in nursing homes. But that impression is totally wrong! Elder law is defined as the practice of law that focuses on a variety of issues and problems that face a particular population – people who are aging and people with special needs. If you are an adult and you are getting older, then you will benefit from the services only elder law attorneys are specifically trained to provide.

In order to become a Certified Elder Law Attorney through the National Elder Law Foundation, one must prove proficiency in the following types of legal matters. You will see that most of these issues pertain to median age adults who wish to plan for a successful financial and healthcare futures as they approach and enter the retirement years:

1. Health and Personal Care Planning, including giving advice regarding, and preparing, advance medical directives (medical powers of attorney, living wills, and health care declarations) and counseling older persons, individuals with special needs, attorneys-in-fact, and families about life care, medical and life-sustaining choices, and related personal life choices.

2. Pre-Death Legal Planning, including giving advice and preparing documents regarding wills, trusts, durable general or financial powers of attorney, real estate, gifting, and the financial and income, estate and gift tax implications of any proposed action.

3. Fiduciary Representation, including seeking the appointment of, giving advice to, representing, or serving as executor, personal representative, attorney-in-fact, trustee, guardian, conservator, representative payee, or other formal or informal fiduciary.

4. Legal Capacity Counseling, including advising how capacity is determined and the level of capacity required for various legal activities, and representing those who are or may be the subject of guardianship/conservatorship proceedings or other protective arrangements.

5. Public Benefits Advice, including planning for and assisting in obtaining Medicaid, Medicare, Social Security Retirement and Disability benefits, Supplemental Security Income, Veterans’ benefits and housing and food programs such as HUD and SNAP (Food Stamps).

6. Special Needs Counseling, including the planning, drafting and administration of special/supplemental needs trusts, housing, employment, education and related issues for children and adults with disabilities.

7. Advice on Insurance Matters, including analyzing and explaining the types of insurance available, such as health, life, long term care, home care, COBRA, medigap, long term disability, dread disease, prescription coverage, and burial/funeral policies.

8. Resident Rights Advocacy, including advising patients and residents of hospitals, nursing facilities, continuing care retirement communities, assisted living facilities, adult care facilities, and those cared for in their homes of their rights and appropriate remedies in matters such as admission, transfer and discharge policies, quality of care, and related issues.

9. Housing Counseling, including reviewing the alternatives available and their financing such as: renovation loan programs, life care contracts, home equity conversion, reverse and other mortgage options.

10. Employment and Retirement Advice, including pensions, retiree health benefits, unemployment benefits, IRA and 401k accounts, and other benefits.

11. Counseling with regard to age and/or disability discrimination in employment, housing and related areas.

12. Litigation and Administrative Advocacy in connection with any of the above matters, including will contests, contested capacity issues, elder abuse (including financial or consumer fraud), fiduciary administration, public benefits, nursing home torts.

If you need to start your plan to preserve independence, protect assets, and provide for financial and healthcare security for yourself and your family – or if you need to re-visit and review your current plans for retirement or caregiving help for aging parents – call us today! We pledge to help navigate you through the decisions that will give you peace of mind in the years ahead.

The Courtney Elder Law Associates Purpose Statement:

Legal Solutions for Lifetime Health and Wealth for

Older Adults, Families and Persons with Disabilities

If you have a concern about your legal rights, remedies and obligations, contact the experienced Elder Law Attorneys at Courtney Elder Law Associates.