The Same Rights as the Rest of Us

Elderly people are too often treated as though they are inferior to younger adults, in this society. This is tragic, as the wisdom

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and experience an elderly person has gained more than makes up for the loss of physical vigor that they typically experience with the passage of time. Laws being what they are, this disrespect of the elderly has never been directly transcribed into law. Nonetheless, whether it be on the books or not, the law must be the same for the geriatric community as they are for the rest of us. Granted, an elderly person should not have carte blanche to commit crimes. But just as they are equally bound by the laws of our land, the elderly must also be protected by them.

Just as a younger person has the right not to be intimidated or harassed, so too does an elderly individual. Just as a younger person may not be abused, neither may an older one. While this may seem basic to a fairly enlightened individual, these basic human rights and dignities are so often abused that it is absurd. Far too often, those who have been charged with (or who have proactively taken on) the responsibility of taking care of an elderly person will either abuse the person, or essentially neglect any special care needs that they may have. Simply because someone has become inconvenient to care for, and would seem to be contributing nothing to their area is no reason to neglect them. And it is certainly no reason to treat them with any less respect than what one would show a younger person.

This is why we have so many resources dedicated to elder law. Elder law is the name given to the branch of legal counsel that deals with how the law is intended to protect the rights of the aged. At its heart, though, elder law is nothing more than showing respect to the people in our world who are the most deserving of it. After all, they are the ones who created and raised all of us. They need respect, too.

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Elder law in Action

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Have you ever wondered what the ultimate goal of elder law is? Take out an AARP magazine and thumb through it for awhile, and you will start to get a clue of the ultimate goals of elder law. The geriatric community is just like everybody else, after all. They want to be respected, and to have as much power as they can possibly lay their hands on. And in doing this, they want to make sure that they can keep all that they have worked for so long to grow and build. In a sense, elder law is a little bit like the law of minors, only for people who are at the other end of the bell curve. While children can not fight for their own rights because they have never learned how, the geriatric community often can not fight for their rights because they may have forgotten how.

In some cases, elder law runs into the barrier that elderly people tend to be overly trusting of others. In most cases, people are reasonably trustworthy. But in that one case where they are not, you have the issue of people who may be afraid to fight for their own rights. Everyone has the right to be treated fairly and told the truth. Slick talking scam artists are precisely the kinds of people who violate the rights of others whenever it suits their purposes, with the self justification that they can do whatever they want. Not rational, but crime is stupid in general.

Elder law is in full effect when it genuinely serves the interests of the people. It is not some kind of billionaire service tool like contract law. Nor is it designed to serve crackpot inventors, the way patent and trademark laws try to. Elder law is a whole different kind of discipline, in that it is about protecting what people have earned across a life time, and have little time to rebuild if it is taken from them. There are abusers, there are scam artists, and there are their victims. Elder law is the victim’s best defense.

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Not all Attorneys are Elder law Attorneys

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There is an old saying that if you have seen one of something, you have seen them all. The person who first said that probably had some eye sight problems, because there are often a great deal of differences between the various representatives of any given group. And believe it or not, lawyers are the same way. There are all sorts of different specialties that a lawyer can have, and each one is its own entire field. A divorce attorney would be a bad person to take into a trial, whether you are the one accused or the accuser. This is why selecting an elder law attorney to tend to your needs can be critical as you get older. While you may not trust lawyers, thinking that they are all shysters, they will actually serve your interests if you pay them to do so.

But how can you tell an elder law attorney from any other specialty? There is actually a group known as the National Academy of Elder Law Attorneys, or NAELF for short. If your attorney has never heard of this group before, they are not an elder law attorney, and you should probably leave them. After all, even the kind of person who would run a scam on you and pretend to be something that they are not should at least do their home work on the topic they are pretending to be expert in. A real elder law lawyer would not only know about the NAELF, but they would almost certainly be a member of it, or at the very least one of its subsidiary groups.

Many states have their own certification programs (under the guidelines of the NAELF) through which an attorney may demonstrate their advanced knowledge of elder law. You want to find the best you can get, and a certification is one of the best ways to tell that a person is willing to go the distance to do right by other people. While it may seem like just a piece of paper, it is a potentially life saving piece of paper, too.

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