Longevity and the law — Your Health 2-13-09
Issue of Feb. 13, 2009 / 19 Shevat 5769
It is often quite striking to think about the longevity associated with so many of our early Biblical personalities. No doubt many of us have memories of studying Bereishit as young children. At that time, we could not imagine how someone could live to any age greater than 70 or 80.
Happily, the last century has produced unimaginable advances in science and medicine. As a result we continue to witness dramatic increases in life expectancy. Even under the best circumstances, earlier generations rarely experienced the joys and pleasures of grandparenthood. Today, we often see a great-grandparent given a place of honor at a bris or even Bar Mitzvah. We are blessed to live at a time when people not only live longer, but often do so in a robust and vigorous manner.
These changes in life expectancy have created a new world of opportunities and dilemmas as seniors and their families are suddenly confronted with issues that were previously unknown. During the past 25 years, attorneys with a specific orientation towards addressing “elder” related issues have proven helpful in providing guidance, comfort and direction to those facing the blessings and challenges that the golden years often bring.
For many years, elder law attorneys were associated exclusively with the narrow focus of helping clients qualify for Medicaid sponsored nursing care. Today these attorneys are often called upon to help answer the following questions:
How can the elderly person’s dignity, independence and quality of life be maintained and enhanced?
Who will be making decisions for the elderly person and how will those decisions be made?
How will the financial, housing, family, medical and legal needs of the elderly person be met?
If the elderly person has a spouse or dependents, how will their needs be met?
How can the elder’s assets best be utilized for his benefit and preserved for the benefit of his intended beneficiaries?
Ideally, elder law attorneys can provide information to seniors and their families about a broad range of topics from guardianship to estate planning and end of life decisions. Proper planning often includes drafting a Health Care Proxy and a Living Will. These documents provide instructions and authorize individuals to make healthcare decisions on your behalf. It is important for every Orthodox Jew to sign a Health Care Proxy to ensure that he will be treated in accordance with halacha regarding various medical issues. These issues include medical care administered towards the end of life and other important matters. The halachic approach to these issues can differ greatly from what is generally accepted in American society.
Equally significant, elder law attorneys assist clients and their families in dealing effectively with non-legal problems. Elder law attorneys often confer with other members of their client’s support team including geriatric case managers, accountants, physicians and financial planners. In that capacity, elder law attorneys can be referred to as “life managers.” They are not only involved in planning towards reaching a specific goal such as Medicaid eligibility but more importantly in helping families to implement and manage a plan that can involve many different scenarios.
Although many elder law attorneys do estate planning involving wills, trusts and charitable gifts, planning for death is not truly at the heart of this profession. The primary concern of an elder care attorney is addressing the needs of the living client. In that spirit, the best time to begin planning is when one is in good health and a positive frame of mind. Like so many other important decisions, it is preferable to begin the planning process when one does not feel the pressure imposed by a sense of urgency or emergency. The best planning and decision making requires time and thoughtful deliberation.
Birthday celebrations are often punctuated by the wish of “till 120 years.” With the love of family and the guidance of a support team that includes an appropriately qualified elder law attorney, the golden years of one’s life can be just that — a time to savor the wisdom and accomplishments that one has duly earned during a life well lived.
Gideon Bari is a Woodmere attorney specializing in elder law. He can be reached at barilaw at gmail.com.
