Elder Law

 In Probate, Wills & Estates

Elder Law is both a practice area (i.e. the nature of a lawyer’s work) and a substantive area (i.e. laws and cases dealing with matters affecting older persons) of law. The significant practice difference between Elder Law and other areas of law, is in the manner in which an Elder Law lawyer would approach a client’s situation.

Elder Law is a recent development in Canada, although it has been recognized in the United States for many years. Of course, the U.S. health and social security system is different from Canada (at least at present). Nevertheless, issues such as planning for incapacity, housing options, abuse of seniors, etc. are important topics wherever there is a senior population.

With the increasing number of older citizens, comes an increasing number of citizens with cognitive problems. According to the Alzheimer’s Society, Alzheimer’s type dementia affects about one person in 50 between ages 65-74; one person in nine between ages 75-84; and one person in three over age 85. These statistics have considerable implications for lawyers practicing Elder Law.

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