Previously a lawyer could practice many areas of law with competency. While this may still be true in some cases it is becoming rarer. There is a growing area of law called “elder law”.
As people age longer their need for more specialized services grows. These growing needs not only include estate planning but family law, health law, real estate law, and yes even criminal law.
An Elder Law lawyer needs to be comprehensive, competent and caring in helping elder clients to understand and address a web of financial, legal economic, and health needs.
Elder Law lawyers deal with general estate planning issues as well as Planning for aging and incapacity with substitute decision-making documents. They also need to have access to the services of many professionals, such as accountants, financial planners, social workers, health professionals, and care managers,
Elder Law lawyers advise
a) Older clients,
b) Families who are caregivers and/or legal representatives, and
c) Professionals servicing an older clientele, including practitioners in other fields, accountants,
financial planners,
banks, insurance and trust companies,
home care managers,
health and social work professionals,
nursing homes, and care organizations.
Elder Law issues include:
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• General Planning for aging.
• Age Discrimination
• Abuse and Exploitation
• Undue Influence and Unconscionability
• Care Agreements (Transfer of Property in Exchange for Care)
• Housing Options and Care Facility Regulation
• Assisting-Living Contacts and Fair-Housing Practices
• Mental Capacity and Consent
• Guardianship
• Health Care Derision-Making and Advance Directives
• Powers of Attorney
• Elder Marriage, Divorce and Separation
• Ethical Issues
Clearly when attending to estate planning issues such as will making and assigning powers of attorney is very important to find legal representation from a lawyer who has expertise in this growing area of the law!
This article is not intended to be relied upon as legal advice but only to give the reader an overview of the law in Ontario. You need to consult your legal representative to determine the best procedure in your particular circumstances.
