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 the
practice of elder law.
The three common ethical concerns are "Who is the Client, this means who are you, as the
professional responsible for regarding their needs. This can be a slippery slope when dealing
with family members who are closely invested in particular matters. The second would be client
capability, can the client make conscious decisions on their own and do they have the mental
capacity to understand. The third would cultural and emotional issues, based on the reading it
was explained exquisitely, when dealing with clients from different walks of life can present
challenges for the ill-prepared legal professional.
2. Identify common obstacles to effective communication with an older client and steps a
paralegal can take to minimize those obstacles.
Preferred name and address can create obstacles with the older generations. For example calling
someone Ms. Mary would be acceptable to call someone now and by those of recent generation
but 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 are
facing financial hardships for unexpected expenses i.e. Caregiver, long-term facilities. Some may
not have family who can provide care for them so they have to be resourceful in navigating life
as an older person with limited understanding.
4. Describe how you would find and organize important documents for a client who cannot
provide you with needed information.
To help a client keep all their documents organized and easily accessible 1 would create a
checklist for the documents and their purposes. Doing this will build trust between the client and
myself. Another step I would take is to provide phone numbers and other necessary information
for their needs, i.e. a deed for their home can be obtain at County property appraiser office or if
the title for a vehicle was misplaced, I could direct them to the DMV. A simple checklist and
company provided binder will keep their documents together and show the client they are
appreciated and the best interest are our top priority.
5. What are the physical characteristics of an office in which an elder client would feel most
comfortable?
To make an elder client feel comfortable in our office we would ensure the walk areas are free of
tip hazards like rugs and wires. Chairs that make is easy for their mobility to sit and stand
without assistance.
1. Identify and discuss the three most common ethical concerns for legal professionals in the
practice of elder law.
The three common ethical concerns are "Who is the Client, this means who are you, as the
professional responsible for regarding their needs. This can be a slippery slope when dealing
with family members who are closely invested in particular matters. The second would be client
capability, can the client make conscious decisions on their own and do they have the mental
capacity to understand. The third would cultural and emotional issues, based on the reading it
was explained exquisitely, when dealing with clients from different walks of life can present
challenges for the ill-prepared legal professional.
2. Identify common obstacles to effective communication with an older client and steps a
paralegal can take to minimize those obstacles.
Preferred name and address can create obstacles with the older generations. For example calling
someone Ms. Mary would be acceptable to call someone now and by those of recent generation
but 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 are
facing financial hardships for unexpected expenses i.e. Caregiver, long-term facilities. Some may
not have family who can provide care for them so they have to be resourceful in navigating life
as an older person with limited understanding.
4. Describe how you would find and organize important documents for a client who cannot
provide you with needed information.
To help a client keep all their documents organized and easily accessible 1 would create a
checklist for the documents and their purposes. Doing this will build trust between the client and
myself. Another step I would take is to provide phone numbers and other necessary information
for their needs, i.e. a deed for their home can be obtain at County property appraiser office or if
the title for a vehicle was misplaced, I could direct them to the DMV. A simple checklist and
company provided binder will keep their documents together and show the client they are
appreciated and the best interest are our top priority.
5. What are the physical characteristics of an office in which an elder client would feel most
comfortable?
To make an elder client feel comfortable in our office we would ensure the walk areas are free of
tip hazards like rugs and wires. Chairs that make is easy for their mobility to sit and stand
without assistance.
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