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As elder law attorneys, we assume a law practice that we see as a calling. We did not choose elder law as a calculated business decision; rather, due to the frailty of someone we love… elder law chose us.
Clients rely upon us for more than traditional legal advice. We help clients and families put together the “aging puzzle” with its many ill-fitting pieces of frail health, caregiving needs, survivor care concerns, financial decisions, residential options, family relationships, insufficient assets, substitute decision-makers, cumbersome probate, end-of-life decisions, and much more. In fact, the legal advice we provide is often the least complicated piece of our client's aging puzzle.
Because of the nature of our typical elder law representation, it is particularly important that we spend time educating our clients and their families to understand the attorney-client relationship. We have a duty not only to represent our client, but to guide them. Our client is usually the senior, however many times the client's adult children have an agenda which conflicts with that of the senior. We strive to mediate family conflicts and seek our client's best interests.
We often see that when clients get information from other sources, whether it's the government, a care facility, their banker, or even another family member, our clients may receive not only conflicting information, but downright incorrect information. The person giving the answers may be well-meaning, but it is not their job to put the senior-client's interests first. Unfortunately, many advisors must put their employer's (or their own) interests first. The elder law attorney acts as the filtering advocate for the frail senior. Our code of legal responsibility demands that we place our client's interests first.
We must do what we are called to do as holistic professionals. The scope of our legal services is defined by the client's overall circumstances - and not just their legal issues. We work at the juncture of estate planning, disability, Medicare, Medicaid, VA benefits, financial planning, health care, family dynamics, tax law, and medicine. We must collaborate with a network of other capable professionals. We seek to make our elder law practice “transformational” rather than “transactional.” We must do more than legal task fulfillment such as resolving a dispute, drafting a document, or closing a real estate deal. As elder law attorneys, we empower lives for the better in a way which will impact whole families in years to come. We believe that we are providing important services our clients cannot get anywhere else.
We strive to be trustworthy guides along the Elder Care Journey©. As we look into the eyes of the aged and the infirm, we see our future selves reflected back to us. We give to our clients the same compassion, comfort, and care that we hope someone will offer to us when it comes our turn.
Written by elder law attorney Dennis Toman, CELA, of Greensboro, North Carolina. His website is www.elderlawfirm.com