May 2017
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
SENIORS<br />
When seniors<br />
need a<br />
lawyer<br />
by Aaron Krause<br />
An 86-year-old who broke her hip recently was<br />
released from rehabilitation. While she was well<br />
enough to leave a medical facility, she faced other<br />
A issues: Celebration She could no longer live alone and ofshe’d<br />
accumulated expenses that far exceeded her ability<br />
to pay them.<br />
Rememberance<br />
The senior citizen’s daughter looked for help and found<br />
it through Feldman & Feldman, a law firm specializing<br />
in, among other areas, elderly law. The firm is working<br />
with the woman, the surviving spouse of a wartime veteran, to<br />
help her qualify for VA Aid and Attendance benefits. Feldman &<br />
Feldman is also providing the area resident with options to qualify<br />
her for Florida Medicaid<br />
benefits to assist with her<br />
care expenses.<br />
“We are also assisting<br />
the senior with ensuring<br />
her advance directives<br />
are up-to-date, so<br />
that her daughter may<br />
step in and act for her,<br />
if necessary,” said<br />
Michael Feldman, a<br />
partner with the Coral<br />
Springs firm.<br />
110<br />
Feldman is an elder law<br />
attorney, a lawyer who<br />
specializes in legal problems<br />
faced by the elderly andtheir<br />
families. Elder law attorneys<br />
deal with the “practical and<br />
special needs of vulnerable<br />
elders and their families,<br />
when facing health-related<br />
and financial problems,”<br />
Feldman said.<br />
He said senior citizens should retain an elder law attorney<br />
whenever they face problems related directly to legal problems<br />
often faced by the elderly. Elder law’s areas of practice include<br />
Medicaid or VA benefits and advance directives such as<br />
durable powers of attorney, healthcare designations, and living<br />
wills. Elder law also encompasses estate planning and estate<br />
administration.<br />
MAY <strong>2017</strong><br />
Before hiring an elder law attorney, a person should conduct<br />
research by finding out the answers to the following questions:<br />
• Is the lawyer a member of specialized organizations such as<br />
NAELA, AFELA, the elder law section of the Florida Bar?<br />
• How many years has the attorney worked in elder by Jane law? Silver<br />
• What specialization and/or board certifications does he have?<br />
Sometimes a person requiring the services of an elder law<br />
attorney might contact an ombudsman. Such an individual is “a<br />
government employee charged with protecting citizen rights in<br />
particular areas of concern,” Feldman said. “Most are attorneys<br />
themselves but will refer you to an appropriate private attorney<br />
when and if they believe your needs will be best served by<br />
engaging private legal counsel.”<br />
According to the website www.elderlawanswers.com, under<br />
the federal Older Americans Act each state must have an<br />
ombudsman program that addresses the complaints of residents<br />
who live in nursing homes, board and care homes, and assisted<br />
living facilities.<br />
Each statewide program usually comprises several regional<br />
or local ombudsman programs which operate within an Area<br />
Agency on Aging or other community organization.<br />
FOR HELP<br />
An ombudsman near you, visit theconsumervoice.org/get_help.<br />
An elder lawyer, visit afela.org<br />
The Academy of Special Needs Planners at<br />
specialneedanswers.com<br />
The Florida Bar Association elder law section at eldersection.org
Change language