Chapter One - Introduction to Elder Care

Chapter one is an overview of the medical, social, financial, and legal problems associated with aging. It focuses on the role of the paralegal as an essential member of the elder law team.

Chapter two focuses on the initial interview and the use of the elder care law confidential questionnaire. It discusees what to look for in revieiwng the clien's pesonal papers and documents and the role of elder law in crises intervention and nonemergency situations.

Chapter One topical outline - Introduction to Elder Care

1. Topical Outline
a. Aging in America
b. Problems Associated with Aging
(1) Medical
(2) Social
(3) Financial
(4) Legal

c. The role of the Paralegal as an Esstential Member of the Elder Law Team

2. Learning Objectives
To become aware of the demographics of aging in the United States and to understand how the emerging field of eleder care law and the paralegal will be directly affected by this phenomenon.

3. Job Competencies
A paralegal who works in the elder care law field must have an understanding of the aging process, the planning and programs available to the elderly. The paralegal must be able to work patiently with the elderly who are experiencing a variety of new stresses in their lives.

4. Key Concepts
As people live longer, the likelihood of the immune system breaking down increases, subjecting them to new diseases. Knowing what they are is important and how they affect the elderly. There are also social problems that involve the well elderly as well as the ill elderly and their life styles.

The elderly will also confront certain financial problems that are unique to them. This will require them to do financial plannng to protect their assets. The paralegal must understand that the aging processs may result in mental incompetency and incapacity, negating the ability to decide for oneself, ultimately requiring the appointment of a guardian or a conservator. In addition, an inability to make medical decisions may occur; therefore, the use of advance directives is an important feature in planning to protect the elderly and help them retain their dignity, self-respect and independence.

Discussion Questions?
Do you have any aging parents or relatives?
Have they done any estate planning?
Do you have any relatives in nursing homes? If so, try to find out their case history.

External Activity #1
Contact an elder care attorney in your area. Inquire as to the services the law firm provides for the clients and families. (Call your local bar association for a referral to an elder care lawyer, contact the National Association for Elder Law Attorneys in Tucson, Arizona, or look in your local Yellow Pages.

Chapter Two: Initial Interview

1. Topical Interview
a. Assessing the Situtation
(1) Situations requiring crises intervention
(2) Situations involving non-emergency intervention
b. The Elder Law Initial Confidential Questionnaire. The legal assistant must obtain and review the following documents from the new client:
(1) Personal Papers
(2) Proof of Ownership of Property
(3) Financial Papers
(4) Insurance Policies
(5) Miscellaneous Papers
(6) Conducting the Initial Interview
(7) The Demeanor of the Paralegal
(8) Information to be Elicited from the Client during the interview
(9) Determine Family Relationships
(10) Determine Whether or Not the Patient/Client is Competent
(11) Determine the Client's Domicile
(12) Determine if Client is Receiving any entitlement benefits
(13) Determine Insurance Coverage
(14) Determine the Client's Financial Status
c. The Elder Care Law Office
(1) Physical surroundings
(2) How to make the client comfortable

2. Learning Objectives
a. The paralegal should be able to complete the initial intake questionnaire, conduct an interview and obtain all necessary information enabling the elder care lawyer to review the file and begin to assist the client.

b. To be familiar with all types of legal documents, involving property, including deeds, mortgages, shareholder certificates, proprietary leases, etc.

c. To be familiar with financial papers, including bank statements, income tax returns, trust agreements, pension plans, annuity contracts

d. To be familiar with and understand the terms of a will, when it is presented by a client during an interview.

3. Job Competencies
a. To be able to make recommendations to the elder care attorney concerning the core issues that are confronting the client and their families.

b. To make recommendations to the elder care attorney as to what services should be considered to protect the client.

c. To advise the elder care attorney of the family relationships and how they impact on the handling of the case.

4. Key Concepts

The initial interview is the first contact that the client will have with the elder law office. It is important that the paralegal conduct this interview in such a manner as to obtain as much information as possible from the client by filling out the initial elder care law intake, and yet not create anxiety on the part of the client during the interview. Once this information has been obtained the paralegal's duty is to analyze the information, make recommendations to the elder care attorney as to procedure, point out potential problems, including financial, competency, family relationships, etc.

5. Discussion
Have Students role play and conduct and initial interview of an elderly client and the family where the elderly individual is stricken with early stages of Alzheimer's

6. External Activity #2
Contact an elder care attorney and see if you can visit the office and possibly sit in on an interview with a client. Study the physical surroundings of the office.