Staying Ethical in Elder Law

• Jurisdiction: United States,Federal
• Pages: 12
• Citation: Vol. 46 No. 4 Pg. 12
• Publication year: 2023

Staying Ethical In Elder LawVol. 46 No. 4 Pg. 12Wyoming Bar JournalAugust, 2023

By Jenna C. Jordan

It is undisputed that our population is aging. There are currently more than 46 million people age 65 and over living in the United States. By 2050, the number of elderly persons in the United States is expected to be almost 90 million. Elder law is becoming more of a necessary practice as our elderly population grows. Are you preparing for our aging population? Is your law firm prepared to serve our elderly? Have you considered becoming an elder law attorney or adding an elder law component to your practice?

Most elder law attorneys handle a variety of legal matters affecting those who are elderly and/or disabled, especially issues relating to health care, long-term care planning, advance directives, estate planning, guardianship, asset preservation, retirement, Social Security, Medicaid, Medicare, disability, trust administration and probate. The term "elder law" casts a wide net. Differentiate estate planning from elder law in your marketing if you only draft wills, advance directives, and trusts. Be specific on your website and in your advertisements. Never accept a case you don't feel competent to handle.

Elder law, specifically estate planning, has one of the highest rates of malpractice. It is not uncommon to come across estate plans with numerous mistakes or improper devises, usually because the attorney did not understand the intricacies of the law. Many lawyers not competent in elder law will attempt to help their elderly clients with complicated elder law matters.

There are currently more than 46 million people age 65 and over living in the United States. By 2050, the number of elderly persons in the United States is expected to be almost 90 million.

A lawyer may have good intentions but insufficient skills to practice elder law.

Your client's family members may have standing to sue you for malpractice. The statute of limitations on an estate planning matter usually does not begin until the death of the client, which could be decades after you drafted the estate plan. Malpractice insurance may protect you if you are sued for a perceived mistake or error. Carrying malpractice insurance is extremely important, especially when you are transitioning into a new area of practice. A simple misunderstanding or misinterpretation of the law could cost you your livelihood. If you, like many others, want to practice elder law...