Champions for the Senior Population: Why Elder Law is Vital in Today’s Aging Society

An attorney fights for the rights of individuals or groups, and seniors are one of society’s most vulnerable and neglected groups.

There are many legal issues and matters seniors are often faced with, and there is typically little education for seniors available.

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This is where elder law comes in.

Elder law, or older adult law, deals with legal matters affecting adults 65 and older.

Elder law involves estate planning, asset protection, retirement benefits, abuse of older adults, power of attorney, and guardianship matters.

Attorneys specializing in elder law provide a unique service and security for the rights of senior citizens in times when they may be vulnerable or threatened by others.

Preventing Senior Abuse

Senior abuse can be physical, emotional, sexual, or even financial.

Family members or senior care communities commonly perpetrate older adult abuse; these two groups are meant to provide protection and care for aging adults.

Elder law attorneys can prevent and seek justice for seniors by filing lawsuits against older adult abusers.

Establishing Better Senior Care

Senior care facilities are meant to provide supervision, medical care, and protection for aging adults who need extra assistance with daily activities.

However, bad actors in the field are giving senior care facilities a bad name, like BRIA of River Oaks, which has faced several citations for abuse.

Elder law attorneys can help fight for victims of mistreatment and neglect in senior care communities and establish a better standard of care for all facilities.

Through criminal, civil, and class action lawsuits, attorneys can hold senior facilities accountable and help protect seniors from mistreatment.

Protecting Older Adults’ Legacies

Elder law protects older adults’ finances, properties, and other assets through estate planning, advance directives, and powers of attorney.

These documents and legal procedures help attorneys defend the legacies of older adults for generations.

Attorneys can ensure that no one can access an older adult’s assets apart from legally appointed individuals.

Defending End-of-Life Decisions

People are often vulnerable in their golden years, and end-of-life decisions may be difficult for family members.

Attorneys can protect these decisions and help establish the best interests of seniors during times of conflict, illness, and cognitive decline.

Protecting seniors’ end-of-life decisions can help them maintain dignity and control over their lives in society.

Attorneys can keep people acting in bad faith from having control or access to older adults’ lives.

Consensual Healthcare

The health risks of medical procedures can increase toward the later half of one’s life.

If an individual does not consent or agree to a procedure, attorneys can help protect their decision legally through advance care directives and other medical orders.

Everyone has the right to consent to treatment, especially in times of severe pain or decline.

Elder law attorneys can be a voice for those who cannot speak.

Advocating for Older Adult Rights

Older adults can quickly become victims of scams, neglect, theft, and abuse.

Attorneys can help protect seniors by filing lawsuits, establishing care directives, and obtaining evidence for foul play.

Particular healthcare or senior care providers may not have their patient’s best interests in mind, and attorneys can fight for them.

Thanks to attorneys and other legal officials, criminals can face legal and civil charges for attempts to scam or steal from older adults.

Eliminating Legal Confusion

Laws and legal paperwork can be confusing for any age group.

Still, seniors may face additional pressure from the family or cognitive decline that can increase confusion.

Elder law attorneys can consult with senior citizens to make legal procedures like drafting a will or designating power of attorney simple and quick.

Protecting Assets

Establishing a will is one of the most important legal documents an individual can file.

Many people wait until they are older to write a will, so elder law attorneys provide crucial legal aid and advice during this time.

An elder law attorney can represent the difference between protecting and losing a senior’s assets.

Safeguarding Retirement

Paperwork errors, scams, and legal issues can prevent seniors from obtaining retirement and Social Security benefits.

Elder attorneys can help seniors walk through the processes for withdrawing retirement funds and claiming Social Security benefits to ensure no issues arise.

If any barriers prevent seniors from obtaining these funds, elder law attorneys are there to help represent and fight for them in and out of court.

Seniors are entitled to the retirement they paid into; attorneys protect these rights and ensure their retirement income is paid in full and within a reasonable timeframe.

Conclusion

Attorneys often get a bad reputation, but they are usually the line of defense when citizens risk losing their rights.

Seniors are an incredibly vulnerable population for many reasons, including cognitive decline and increasing risk of abuse.

Elder law attorneys focus on protecting and fighting for the rights of senior populations to ensure their assets are protected, and they are not experiencing neglect or abuse.

Chelsea Wilson
Chelsea Wilson is the Community Relations Manager for Washington University School of Law’s distance learning LLM degree program, which provides foreign trained attorneys with the opportunity to earn a Master of Laws degree from a top-tier American university from anywhere in the world.

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