Elder Law: Helping Seniors and Their Families

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With the increasing number of Baby Boomers now reaching retirement and their senior years, a new legal specialist is emerging to help them deal with a multitude of issues they and their families might never have thought about before.

We are living much longer now and, along with age, comes the likelihood of illness and disability. Therefore, providing legal services to seniors often includes those who are involved in their lives, i.e. their families, co-workers, employers, friends and business associates.

The issues faced by seniors are often dealt with separately by lawyers who practice in specific legal areas: wills and estates, health law, Public Guardian and Trustee matters, contractual issues including financial agreements and arrangements, employment law issues, and the like.

In an Elder Law practice, however, the lawyer will be sensitive to many personal care and financial issues which can be addressed in a holistic way so that a person making a decision in one area which might have an impact on that person’s decision in another area, will end up with decisions that are consistent and work together.

For example, a mother may give a Power of Attorney to one child, make another child her representative under a Representation Agreement and may have also left different instructions with her investment or financial advisor.

If she becomes incapacitated or not competent to make certain decisions for herself, the resulting confusion as to who gets to decide could potentially delay mother getting the care she needs and the access to financial resources in order to fund her care.

A lawyer who practices Elder Law will often have access to various ‘non-legal’ resources to assist with the variety of situations a senior might encounter. These could include financial advisors, tax accountants, counselors, life coaches and even medical advisors (in particular, gerontologists or doctors specializing in medical issues usually associated with age and aging).

Having a ‘one stop shop’ will usually be a boon for those who are tasked with the responsibilities of an aging parent: the ‘sandwich generation’. These ‘middle agers’ usually still have children at home when their parents reach an age where they also start to need help.

Falling between the needs and demands of the young and the old, this group is often still building their own careers or dealing with mid-life job changes. It is not an easy time and anything that will make their lives easier will no doubt be welcome.

Elder Law can extend beyond the death of the elderly person. Children often require assistance to probate a Will and deal with the estate, the tax man, and the beneficiaries, including disappointed beneficiaries.

Here is a brief list of some of the items that can be covered by Elder Law:

  1. Wrongful dismissal resulting from age discrimination
  2. Marriage agreements for late or second (or more) marriages
  3. Divorce and separation issues including spousal support, pension division, division of assets
  4. Advice on financial, mortgage or other security agreements
  5. Powers of Attorney, Wills, Representation Agreements
  6. Physical, emotional, psychological and financial abuse of the elderly person
  7. Court application for the appointment of a committee for the elderly person
  8. Court application for a Grant of Probate of the Will or for the appointment of an administrator of the estate if the deceased died intestate
  9. Assistance in dealing with the Public Guardian & Trustee’s office as well as Banks, insurance companies, investment brokers and trust companies
  10. Assistance in dealing with medical personnel, specialists, hospitals and care facilities


To round out our desire to be able to offer a “full service option” to clients of our Elder Law practice, we continue to develop strategic alliances with people we know and trust to provide quality assistance to our clients in the areas of tax, financial planning and advice, and personal care.

If you are interested in more information about Elder Law, please contact us.

Legal Disclaimer: The general information provided in this blog does not constitute legal advice to you and is provided strictly for informational purposes only on an “as is” basis. Legal advice pertaining to your particular situation can only be provided to you if we have met with you personally to obtain all pertinent background information necessary to give you a formal legal opinion. If you wish to have formal legal advice about your matter, please make an appointment with us for a consultation. No lawyer-client relationship is created by your use of our blog or our website.

Although Railtown Law intends the contents of its blog and website to be accurate, complete and current, and does it best to ensure that it is, Railtown Law does not promise or guarantee that it is. Railtown Law is not responsible and will not be liable for any errors, omissions or delays in this information or any losses, injuries or damages arising from its display, use or any links provided. Railtown Law welcomes feedback from its readers noting any errors or omissions in the information provided in its blog or on its website.


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At Railtown Law we can help you with your legal matters in a variety of areas and also help you to take a pro-active approach to various legal issues you may face.

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