"At the Oakland University Paralegal Faculty meeting last winter, the question was raised as to new electives we could add to our ABA-approved paralegal program for the upcoming semesters," Wallace said in the article. "What area of law do we need to expose our students to that will benefit them as they enter the job market? The general consensus was that elder law was a growing area due to the aging of the baby boom population."
FreeAdvice.com, a website that doles out free legal advice on a variety of topics, defines elder law as "a relatively new, specialized field of law that deals with the issues faced by the fastest-growing segment of the U.S. population, the elderly. It combines elements of Estate Planning, Wills and Trusts, Conservatorship, Health Care Planning, and Medicare/Medicaid Planning."
A U.S. Census Bureau report, 65+ in the United States: 2005, stated that the number of Americans over the age of 65 is expected to double over the next 25 years. The report also predicted that there will be almost 72 million people older than 65 by the year 2030. Currently—as people are living longer lives—people older than 85 represent the fastest-growing group of the American population.
Many times, it will be the children of baby boomers and not the baby boomers themselves who come to law firms seeking help. These people are often overwhelmed in dealing with the needs of their parents, needs that range from requesting help when filling out Medicaid applications to being advised on insurance decisions. In these cases, paralegals are likely to be the ones who deal with the clients, gather their information, and fill out the applications to be reviewed by the firm's attorneys.
Other legal issues that elderly people and their children seek legal advice on include tort claims against nursing homes, housing, funeral contracts, health and personal care planning, disability discrimination, organ donation, eviction, elder abuse, and age discrimination.
Because many of these topics are sensitive and fraught with emotion, paralegals dealing with elder law clients often have to assume the role of counselor or adviser. Calming fears and soothing worries, paralegals have to be prepared to deal not only with the legal aspect of things, but the relational aspect as well.
Considering how counseling/advising is such a big part of elder law, paralegals are operating in somewhat new and uncharted territory. In fact, an article in Michigan Paralegal compares elder law to social work law because of its heavy reliance on counseling services.
From frustration to worry to greed to anger, emotional responses when dealing with elderly issues are widespread; and no two clients are the same. Working in this area of law requires excellent communication skills and the ability to think on your feet.
Also, it is important to be empathetic regarding each client's situation. Paralegals should keep the client's emotional state in mind when giving advice or offering their professional opinions.
Whether a client is dealing with a parent who has Alzheimer's disease, worrying about putting a parent in a nursing home, or trying to make sense of their parents' finances, the situation will most likely be stressful and frightening for them. Because of this, paralegals preparing to meet the onslaught of elder law cases may want to consider taking some psychology electives in addition to elder law continuing education courses.
Also, in response to this growing population, the paralegal profession is expected to grow. The U.S. Department of Labor, Bureau of Labor and Statistics' Occupational Outlook Handbook; Job Outlook, 2006 stated that "the demand for paralegals also is expected to grow as an expanding population increasingly requires legal services, especially in areas such as intellectual property, health care, international law, elder issues, criminal law, and environmental law."
