Elder Law

Elder Law is the term used by the legal profession to focus on the special legal rights and problems of senior citizens. Attorneys who work in this field need to master an ever-changing body of law, legislation and regulations which deal with financial planning, health care and housing as well as discrimination, abuse and consumer fraud. Such a challenge usually requires training and experience in this special area of the law.

Attorney-Client Relations

A big question in elder law is: “Who is the client?” Attorneys fairly often find that a child brings in a parent to the attorney’s office. That child and parent may have differing interests. Also, some older people have physical or mental disabilities, which may limit their capacity to make proper decisions. Fortunately, attorneys have ethical rules, known as Rules of Professional Conduct, which help to clarify these situations. According to Rule 1.5, all fee agreements must be in writing. This avoids disputes about what the attorney is to do and how much these professional services will cost. If a fee dispute arises with a Delaware County attorney, contact the Delaware County Bar Association at 610-566-6625. If the attorney in question is not a member of the Delaware County Bar Association, contact the Office of Disciplinary Counsel, District II, 820 Adams Avenue, Suite 170, Trooper, PA 19403; telephone 610-650-8210. Rules 1.6 through 1.12 of Professional Conduct state what to do to prevent conflicts of interest. In general, one lawyer cannot represent both sides when clients have differing agendas. Therefore, if two people come into an attorney’s office together, the attorney must make a clear determination about who will be represented. This helps to protect vulnerable seniors when others try to exert undue influence, to coerce or to use threats to push seniors to execute powers of attorney or convey property against their will. Also stated in the rules: Pennsylvania attorneys are required to keep client information confidential. Rule 1.14 explains that lawyers assume that their clients are competent and can understand what is happening. If the attorney “reasonably believes” that the client cannot act in his or her own self-interest, the attorney can seek a guardian or take other protective action.

Continuing Legal Education

Since 1992, Pennsylvania’s attorneys have been required to take at least twelve hours each year of continuing legal education. This should have a positive impact on the ethical delivery of legal services, but it is still important for older clients to remember their rights as they work with their lawyers.

Pennsylvania Lawyers Fund for Client Security

Although the percentage of lawyers involved in fraud and theft is extremely low, the news of attorney misconduct is often given wide play in the media. The fact is that lawyers are often put in positions of trust and temptation, yet it very rarely results in a financial loss to a client. In such cases, the Pennsylvania Lawyers Fund for Client Security can help to recoup some or all of the losses. Claims are submitted on pre-printed forms from the Supreme Court of Pennsylvania, Pennsylvania Lawyers Fund for Client Security, 4909 Louise Drive, Suite 101, Mechanicsburg, PA 17055; telephone 800-962-4618.

Choosing an Elder Law Attorney

Every individual has notions about how to work with a professional advisor to resolve personal problems. To choose the best person to act on your behalf in elder law matters, you should first think about your goals. Is it a simple question of updating your Will? Or, is it the more complex process of planning the series of financial steps for retirement or disability planning. Once your needs are outlined, you can consult friends, relatives, business colleagues, clergy and others for recommendations about an attorney. Other sources of referrals to an attorney include: Attorneys who are certified specialists in the area of elder law by the National Elder Law Foundation (“NELF”) can be located by contacting NELF at 520-881-1076, or use their on-line directory found at www.nelf.org. National Academy of Elder Law Attorneys (“NAELA”); telephone 520-881-4005, or use their on-line directory found at www.naela.com. Delaware County Bar Association Lawyer Referral Service; telephone 610-566-6625.

You may also wish to contact Legal Aid of Southeastern Pennsylvania (LASP), Delaware County Division at 610-874-8421.