Legal Advice And Care

When Claire Michaels, a former actress and teacher, made the acquaintance of Main Street Legal Services, her life was at low ebb. "I was disabled and I was poor and I was very sick," she recalls. "There was a possibility that I might not survive the illness I had, and I wanted to have a will and a living will." Michaels, 71, had read in the paper that the City University of New York (CUNY) had an elder-law clinic. "They came here to my home to help me," she says, still amazed. "The professor was very concerned about me, that I couldn't get to my phone, that I was bedridden. He came back with a long extension wire and put it on the phone." They also took care of her legal problems. Admits Michaels: "I was very, very skeptical and pessimistic about lawyers, and I still am for the most part. But I've been well taken care of."

Lawyers, as a profession, are not renowned for their kindness. But a growing cadre of elder-law practitioners is destroying some of the stereotypes. "I like dealing with human beings, with individuals," explains Myra Gilfix, an elder-law practitioner in Palo Alto, Calif. "I always wanted to do people law. I am not a fighter." Elder-law attorneys deal with the specialized legal matters faced by seniors: estate planning, Medicare and Medicaid issues, planning for disability, estate-tax and gift issues, and long-term care. With the graying of the population--since 1900, the percentage of Americans 65 and older has more than tripled--and with the baby-boom generation soon to reach 65, elder law is likely to be a thriving business for years to come.

Many elder clients are going through a tough time of life. Their children may live out of town; their spouses may be deceased. They may be struggling with illness or incapacity. Says Kate Mewhinney, a clinical professor at the Wake Forest University School of Law: "We had a woman here this week who said, 'I wake up in the middle of the night worrying about if I have to go into a nursing home.' She's 79, very healthy. She said, 'I really worry. Will I lose everything? Will I lose my home? Where do I stand in terms of Medicaid?' Fortunately, we can give her some advance information."

Indeed, planning ahead is one of the things elder-law attorneys do best. "People should review whatever estate planning they've already done," suggests Joseph Rosenberg, a law professor at CUNY and supervising attorney of its elder-law clinic. "If they have wills, they should review them; if they don't have wills, they should probably consult an attorney. People can sign advanced health-care directives, such as health-care proxies or living wills, which let you appoint an agent to make decisions for you if you're unable."

There are about 10,000 elder-law practitioners nationwide. Many belong to the National Academy of Elder Law Attorneys in Tucson, Ariz. While it is possible to get certified as a specialist by the National Elder Law Foundation, affiliated with the American Bar Association, only 200 lawyers have undergone that process so far. Caveat emptor, warns Charles Sabatino, president-elect of NAELA. "Anybody can call himself an elder-law attorney, and it doesn't necessarily mean anything."

How do you find a qualified elder-law practitioner? NAELA's website, naela.org , lists elder-law attorneys by location. The organization also offers a directory of its members. Local bar associations and the A.A.R.P. can also direct seniors or their families to appropriate lawyers.

Experts suggest that seniors find a lawyer with whom they feel comfortable. "The kind of problems that people usually go to elder-law attorneys for are very personal issues," says Sabatino, "such as planning for incapacity, relationships in the family, sickness and health. You may be dealing with the attorney over a period of time. Good communication is essential."

Short of going to a lawyer, there are steps healthy seniors can take:

--Plan for the possibility of future disability by designating someone you trust to take over your affairs.

--Get Medicaid information from a reliable source, such as a hospital. Be careful about getting advice from your next-door neighbor or an insurance agent.

--Talk with your family about the big decisions you're considering, such as retirement homes and annuities. There are plenty of people interested in the wealth of older people, and they're not always looking out for older people's best interests.

Those who decide to see a lawyer will find that the profession is changing. "If a lawyer has never printed a document in large font, or doesn't have a hearing-assisted device, or doesn't have a room that accommodates wheelchairs, that sort of thing is really hard on older people," says Mewhinney. Seniors should expect that kind of attention to detail--as well as knowledge and compassion--from a good elder-law attorney.