Elder Law

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As the average age of the population in the United States continues to increase, so do the specific legal issues that surround the older client.  Elder law is special area of the law that deals with topics such as:

  • Asset Management and Protection
  • Elder Fraud and Abuse
  • Medicaid/TennCare Considerations
  • Mental Incapacity
  • Physical Disability
  • Long Term Care
  • Social Security Benefit
  • End-of-Life Medical Decisions
  • Housing
  • Probate Administration
  • Retirement, as well as many other areas of the law

Elder law issues can be based upon both state and federal law as well as state and federal regulations. While traditional estate planning law generally focuses on the preservation of assets and planning for the future, elder law planning is often more immediate.  The present needs and protection of the client can be of the highest priority.  An elder law attorney will have experience dealing with common ailments of old age, such as dementia.  By timely executing simple estate planning documents, such as a durable powers of attorney and durable power of attorney for health care, attorneys can save their clients unnecessary time and legal expense related to court ordered conservatorships.  In addition, elder law attorneys are adept at identifying and protecting against elder abuse, a very common issue in this field.  An elder law attorney addresses all of these matters with the professionalism and respect due the client, whose dignity must be untarnished in this sensitive time.   Because of its diverse nature, and the experience required to deal with these specific issues, it is well worthwhile to consult an attorney with knowledge in the elder law field.