Many don't understand what Elderlaw is. Elderlaw is like other laws that protect, but in this case, it refers to those who are senior citizens. Lawyers must make sure that the clients are aware of what their rights are. Usually, when a lawyer is discussing plans with the client, it is one on one but in the case of dealing with the elderly or disabled, it is not always the case. Often times, there are other family members present such as a spouse, but the lawyer is responsible for only the elderly or the disabled person. This is especially true when the person is discussing a will, power of attorney or the plans for long-term care. Under the law, the lawyer must keep these plans strictly private. This is to protect everyone, especially the client. It cuts down on the chances of family members challenging the power of attorney.

To understand elder law is to understand the four Cs of "Elder Law Ethics" from the ABA Commission on Law and Aging, located in Washington, DC. These are:

Confidentiality... Can mean that the person wants everything kept private even from the family. The family must first get the client's approval to receive information. Some want everything shared and some to be just updated.

Consequences...Like disputing relations that can lead to lawsuits. Competency...The lawyers have unique responsibilities with working with those who have limited decision making abilities. The lawyers need to be just as respectful and attentive to the elderly or disabled as they would be anyone else.

The term of Elder Law Attorney used to be a very broad term. Since there is no real way for the client to know which subject the attorney knew and had experience with, attorneys can now be certified in Elder Law by the Board of Certification of the National Elder Law Foundation or NELF. This is a not for profit organization that was founded in 1993.

This organization is dedicated to improving and the developing the lawyer's competency and professionalism in elder law. Certified Elder Law Attorneys need to be identified as knowledgeable, skilled and experienced. What is the Elder Law Attorney suppose to know? According to The Board, an elder law attorney needs to know the following:

Benefits for the public such as Medicare, Medicaid and Social Security. The long-term care and health planning. Powers of attorney and guardianship The legal capacity of the elderly person. Administration of the elderly person's estate, which includes trusts, wills, and probate of an estate. An elder law lawyer must have knowledge of the taxes of any of the above actions. The attorney also needs to aware of concerns and issues that may come up during representation and counseling such as:

Abuse Neglect Exploitation of the disabled or elderly person. Their housing Their future or long-term care. Employment Retirement

The final thing that the attorney needs to be familiar with is the non-legal and professional services and resources that are available that meet the needs of the disabled and elderly. Plus be able to recognize the ethical issues and professional conduct that come up during representation.

This is necessary to ensure that the attorney is certified in elder laws. A lawyer needs to have been in practice at least five years, during which three years of that time before applying must have:

Spent 16 hours a week in practicing elder law. Had 45 hours of education in elder law. Handled at the minimum 60 elder law specific elder law matters. And to keep the certification, they have to do this every five years, doing the same requirements. So Elder Law is a complex subject that requires a special lawyer to meet the needs of the growing elderly population as the baby boomers are retiring.