The practice of law is becoming highly specialized. The days of the general practitioner – an individual willing to take on any case no matter the issue – are falling by the wayside. The law is simply too complex.

One area of specialization is Elder Law. Our population is rapidly aging. There is, and will continue to be, a need for attorneys willing to serve the elderly segment of the population.

Yet, because Elder Law is so new, few people are aware of its existence – which means that many people are foregoing proper legal representation. As an Elder Law practitioner, I present numerous Elder Law seminars and have come to realize that few people understand what Elder Law is.

This is the first in a series of articles that I have been asked to write for the Hub. Since it is the first, I thought it important to begin where I begin my seminars – explaining what Elder Law is all about.

Elder Law is primarily concerned with planning – planning for disability, long-term care, and the distribution of an estate.

Many people fail to realize that others cannot make financial or health care decisions for them. Mistakenly believing that a family member can carry on for them when they are unable to make decisions for themselves, people neglect to sign documents, such as general durable powers of attorney or living wills.

Properly drafted, these documents allow family members to manage your affairs in times of need. Without these documents, if you are unable to manage your own affairs, it would fall upon your family to initiate a guardianship proceeding in court, have you adjudicated incapacitated, and be appointed as your guardian. Guardianships take approximately two months to prosecute and can cost anywhere from $4,000 to $8,000. Powers of attorney and living wills are effective immediately and cost a few hundred dollars.

Another major practice area for Elder Law attorneys is Medicaid planning. Medicaid is a government program that pays for approximately 50% of long term care. Medicaid pays for care in assisted living residences, nursing homes, and the community. Qualifying an individual for Medicaid could save them tens of thousands of dollars and, perhaps, their home.

Lastly, there is estate planning. As we plan for difficult times in life, it is also important that we put our affairs in order before we pass on. Estate planning is not just for wealthy individuals.

Many people use joint bank accounts in an attempt to circumvent the need for a Will, but joint bank accounts may not allow for one’s estate to pass as they wish. For instance, there are often family members to whom we do not wish to leave our estate outright, perhaps because the beneficiary has problems handling money. A properly drafted Will with a relatively simple support trust would allow you to leave your estate to whom you wish, in a manner that alleviates your concerns as to the family member’s spendthrift ways. Joint bank accounts could not accomplish this goal.

In short, Elder Law attorneys deal with difficult subject matter. Issues that people simply do not want to think about and would choose to believe will never happen to them. As difficult as these issues are, they are much easier to handle before the actual need arises. The existence of professionals dedicated to the elderly community is something of which people should be aware. I look forward to introducing you to Elder Law.

Knowing when to involve an elder law attorney can make planning much easier. Getting guidance early often helps you avoid costly mistakes and make more confident decisions.