Elder Law
“Elder law” is a practice area that focuses on issues that concern the growing population of elderly people and those with disabilities. The concept is only a few decades old, and few law firms focus exclusively on elder law.
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Most lawyers who consider themselves elder law attorneys work in estate planning; guardianships and conservatorships; probate; and Medicaid and long-term care planning. Some elder law attorneys may also be familiar with age discrimination, exploitation, medical care issues (including the “right to die”), Medicare benefits, grandparent visitation, and similar issues.
As with other professional specialty areas, the ability of an individual elder law attorney to handle a specific matter varies with the lawyer’s experience, competence, and credentials. Some topics that are not as widely understood might include Medicaid and long-term care planning, special needs trusts, and estate planning for disabled family members.
Other than an active case load of elder law matters, the only formal way an Arizona attorney can demonstrate specific familiarity with elder law issues is to be certified by the National Elder Law Foundation as a Certified Elder Law Attorney. Fleming & Curti partner Robert B. Fleming has that certification.
Many elder law attorneys (including several from Fleming & Curti) are members of the National Academy of Elder Law Attorneys, or NAELA, which provides an online resource for locating its members. NAELA is the only national organization of elder law attorneys, and it has more than 3,000 members across the United States a few U.S. territories and foreign countries. The American College of Trust and Estate Counsel (ACTEC) selects its membership (“Fellows” of the College) from among the most recognized estate planning and trust administration practitioners in the country. Two of Fleming & Curti lawyers, Robert B. Fleming and Jacquelyne J. Mingle, are Fellows of ACTEC.
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