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Ethical and Practical Challenges in Elder Law

This summary reviews key issues in elder law, including ethical dilemmas for legal professionals, communication barriers with older clients, social and economic impacts of aging, organizing legal documents, and elder-friendly office design.

Mason Bennett
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Review Questions:1.Identify and discuss the three most common ethical concerns for legal professionals in thepractice of elder law.The three common ethical concerns are "Who is the Client, this means who are you, as theprofessional responsible for regarding their needs. This can be a slippery slope when dealingwith family members who are closely invested in particular matters. The second would be clientcapability, can the client make conscious decisions on their own and do they have the mentalcapacity to understand. The third would cultural and emotional issues, based on the reading itwas explained exquisitely, when dealing with clients from different walks of life can presentchallenges for the ill-prepared legal professional.2.Identify common obstacles to effective communication with an older client and steps aparalegal can take to minimize those obstacles.Preferred name and address can create obstacles with the older generations. For example callingsomeone Ms. Mary would be acceptable to call someone now and by those of recent generationbut to the older generations that is a level of disrespect to be address by another other than Mrs.Johnson. Always asking clients how they prefer to be addressed as.3.What are the social and economic implications of an aging society?Some of the implications with the aging society would be that they living longer and some arefacing financial hardships for unexpected expenses i.e. Caregiver, long-term facilities. Some maynot have family who can provide care for them so they have to be resourceful in navigating lifeas an older person with limited understanding.4.Describe how you would find and organize important documents for a client who cannotprovide you with needed information.To help a client keep all their documents organized and easily accessible 1 would create achecklist for the documents and their purposes. Doing this will build trust between the client andmyself. Another step I would take is to provide phone numbers and other necessary informationfor their needs, i.e. a deed for their home can be obtain at County property appraiser office or ifthe title for a vehicle was misplaced, I could direct them to the DMV. A simple checklist andcompany provided binder will keep their documents together and show the client they areappreciated and the best interest are our top priority.5. What are the physical characteristics of an office in which an elder client would feel mostcomfortable?To make an elder client feel comfortable in our office we would ensure the walk areas are free oftip hazards like rugs and wires. Chairs that make is easy for their mobility to sit and standwithout assistance.

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Civil Law

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