Elder Law

Emily Bashaw

Duties

  1. Health and personal care planning, which include the following topics: powers of attorney and living wills; lifetime planning; family issues;
  2. Fiduciary (financial) representation; financial planning; housing opportunities and financing; income, estate, and gift tax matters;
  3. Planning for a well spouse when the other spouse requires long term care; Asset protection; public benefits such as Medicaid and insurance; Veterans’ benefits;
  4. Capacity; guardianship and guardianship avoidance;
  5. Resident rights in long term care facilities; nursing home claims;
  6. Employment and retirement matters; age or disability discrimination and grandparents’ rights.
  7. Will and trust planning; planning for minor or adult special needs children; probate;
  8. Elder law encompasses all aspects of planning for aging, illness, and incapacity. The specialization requires a practitioner to be particularly sensitive to the legal issues impacting elder clients.

Practice Environments

In a Nursing home or visiting them at home.

Compensation

Providing them with the proper care they need and making sure they are being treated fairly in there own home or a Nursing home.

Education and Training

  1. The attorney must be licensed to practice law in at least one state or the District of Columbia.

  2. The attorney must have practiced law for at least five years before applying for certification and must be practicing law at the time of their application.

  3. The attorney must be a member in good standing in the bar where they are licensed.

  4. The attorney must have spent an average of at least sixteen hours per week practicing elder law in the three years preceding the application and have handled at least sixty elder law matters during those three years.

  5. The attorney must have participated in at least forty-five hours of continuing legal education in elder law in the three years prior to their application.

  6. The attorney must submit the names of five attorney references who are familiar with his or her competence and qualifications.

  7. The attorney must pass a full day certification examination.