Later Life Legal Planning

In response to client needs, elder law has expanded and is gradually redefining itself into “later life planning.” While some still identify elder law with helping clients pay for long-term care, specifically in the United States by qualifying for Medicaid, the reality is that the practice of elder law is a rich mosaic of legal planning that is continually evolving to better meet clients’ legal, financial and social needs and concerns.

While ten years ago, Medicaid planning to pay for long-term care was the focus of the practice of many, if not most, American elder law attorneys, that is no longer the case. Certainly Medicaid planning remains a core element in any elder law practice, but it is only one of many aspects of the practice that includes guardianship and mental capacity issues, long-term care planning, basic estate planning, drafting trusts, advising trustees, acting as trustees, creating special needs trusts, and advising clients as to their rights vis-a-vis assisted living facilities, nursing homes, and continuing care retirement communities. Elder law is even expanding into financial planning and “life care” planning that assist the client to address their financial and care needs of what for many is likely to be a very long life.

Though elder law attorneys have clients of all ages, because of the vicissitudes of aging, the very old have a particular need for legal assistance. The reality is that growing old, particularly growing very old, presents a host of legal problems. Consequently, for elder law attorneys, the very old, those age 80 or older, are becoming the foci of their practice.