This book is must-read for any lawyer representing older clients. It presents an excellent overview of the topics that elder law attorneys confront on a regular basis, e.g. Medicaid, Medicare, long-term care, senior housing options, ethics, and estate planning and administration. It seems most appropriate for lawyers whose knowledge and experience with elder law issues is at an introductory or intermediate level; however, because of the number of issues addressed in the book, even experienced elder law attorneys will find it helpful. It is the type of resource that a lawyer could refer to just prior to a new client meeting to review potential questions that may be asked, or to respond to a potential client’s inquiry without devoting a significant amount of time to finding the answer.

The primary strength of this book is its easy-to-read format. Most of the chapters are 15 pages or fewer. The writing style is simple and direct, without legal shorthand or bureaucratic jargon, which can make texts in this subject area difficult to read and understand for lawyers who do not devote a significant part of their practice to elder law issues. It contains some, but not an undue number of citations. This makes it easier to read than many legal treatises, but at the same time makes it less valuable to experienced elder law attorneys.

A second strength of this book is that it is truly devoted to presenting the various topics discussed from an elder lawyer’s perspective. For example, the book starts off with an overview of practicing in the elder law area, including a discussion on how to gain expertise in this area, the use of paralegals, general staffing issues, marketing, and how to interact with other professionals and agencies. It includes a sample client interview form, tailored to older clients. In the introduction to the chapter entitled, “Estate Planning and Administration for the Elderly Client,” the authors state:

Although estate planning and administration is important for every client, the senior client for obvious reasons is most intensely interested in dealing with such matters. Lawyers who specialize in working with elderly clients recognize that although all of the basic principles of law apply to all age groups, the elderly may require special attention and consideration from the lawyer. Patience, a willingness to listen, and the ability to simplify complex concepts are all traits that will help a lawyer to excel with the elderly in the estate planning and administration field. Evidencing a true concern for the senior client and his or her family is the most basic rule in developing a successful estate planning and administration practice.

The third chapter is a good example of what makes this book effective. In just five pages, the authors effectively present the most common ethical issues confronted by lawyers in this practice area, i.e. the duties of loyalty and confidentiality in a family/caregiver context, and dealing with clients with questionable competency. The book then reprints the rules and comments from the ABA Model Rules of Professional Conduct, 2004.  In this way, a lawyer meeting with an older client or his or her family can identify the issues that he or she must be mindful of without an undue amount of preparation.

The 20th chapter is another good example of what makes the book effective. Again, in just five pages, the authors explain reverse mortgages in a way that anyone can understand. Although I have read a number of journal articles on this topic, I did not really understand the fundamental aspects of a reverse mortgage or in what context it could be an effective planning tool until I read this chapter.

The book devotes four chapters to alternative housing options available to older clients. For a practicing lawyer, this information is often difficult to find. Many of the articles written on this topic focus on information that is less relevant to lawyers than to other professionals. Furthermore, more and more seniors are seeking alternative housing options, which means that it is important for lawyers practicing in this area to understand the basic options available to their clients.

The book discusses income sources common to older clients, i.e. Social Security retirement benefits and private pensions. It also covers health care benefits for seniors, including Medicare, Medigap insurance policies, retiree health benefits and health care benefits unique to veterans. In addition, the book devotes a significant amount of attention to the various options for paying for long-term care costs, including a long-term care insurance, Medicaid and reverse mortgages.

As one might expect with a book devoted to older clients, the authors cover estate planning and estate administration in great detail, albeit from a general, rather than a state-specific, point-of-view. The book discusses traditional estate planning issues, including wills, trusts and transfer taxes, with a focus on issues most relevant to older clients. It also covers substitute decision-making, such as guardianships and advance directives, as well as the right to die.

In sum, I would strongly recommend this book to any lawyer interested in learning more about the issues facing older clients.

Nelson A. Raust practices in the Trust & Estate Department of the McLane, Graf, Raulerson & Middleton, P.A. firm in Manchester. He is a member of the NHBA Elder Law, Estate Planning and Probate Section, and the NH Estate Planning Council and the National Academy of Elder Law Attorneys (NAELA).

Ordering information for Counseling Older Clients may be obtained from the ABA Web site www.abanet.org.

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