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How Elder Law Paralegals Contribute to the Industry's Success - A Comprehensive Guide

published April 17, 2023

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( 215 votes, average: 4 out of 5)
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Summary

Elder law paralegals play a key role in the success of the field of elder law. Elder law is a growing area of law practice and expertise. Elder law paralegals are qualified to help elderly clients with legal matters such as estate planning, long-term care planning, guardianship and conservatorship, Medicaid planning and eligibility, and elder abuse cases.

A paralegal typically assists an elder law attorney with legal research and assists with draft documents. These documents can include wills, trusts, and powers of attorney. Paralegals also gather financial and medical records, interview clients to understand their legal needs, and review and explain legal documents. They may provide assistance with the preparation of legal pleadings and filing of documents in court.

Elder law paralegals must possess a strong understanding of the laws and regulations related to elder law. They need to be familiar with the court system, filing deadlines, and forms needed for the filing of documents. Paralegals must also be adept in using relevant software and technology.

Often, the paralegal will be the first point of contact with a client. The paralegal helps the client understand the purpose and requirements of the documents they need. They work closely with the attorney and other members of the legal team to ensure that the work is completed in a timely and efficient manner.

In addition to the legal expertise of a paralegal, some have medical and financial backgrounds that add an extra dimension to their services. An elder law paralegal can provide valuable insight into the client's financial and medical circumstances. With their knowledge, the paralegal can work with clients and offer advice which can help them make informed decisions.

Elder law paralegals play a crucial role in providing important legal services to elderly clients. They must have both legal and specialized knowledge to be successful. A paralegal can provide clients with a wealth of resources through their understanding of court systems, regulations, documents, and technology. A strong understanding of elder law coupled with financial and medical expertise will give the attorney and paralegal team the ability to help clients navigate the complex legal system.
 

What is Elder Law?

Elder law is a branch of legal practice that focuses on the specialized needs of seniors. The practice includes advising clients on issues such as financial planning, estate planning, Medicaid eligibility, long-term healthcare, retirement planning, and end-of-life planning. Elder law attorneys also provide assistance with legal issues related to guardianship, conservatorship, and disability benefits.
 

What Does an Elder Law Paralegal Do?

Elder law paralegals are an integral part of the legal team in an elder law practice. As part of their job, they perform a variety of tasks such as researching case law, drafting legal documents and correspondence, interviewing clients and witnesses, managing client data, and preparing for court hearings. The paralegal will also conduct surveys and document preparation, as well as assist with case management and client communication.
 

What Skills Does an Elder Law Paralegal Need?

An effective elder law paralegal should have strong communication and organizational skills, as well as an understanding of the principles of elder law. They should be good at research, possess basic computer skills, and understand the importance of maintaining client confidentiality. Additionally, an elder law paralegal should be able to work independently and as part of a legal team.
 

What Education do You Need to Become an Elder Law Paralegal?

Most employers require paralegals to have a minimum of an Associate's degree in a related field. Many paralegals also choose to pursue a bachelor's degree in a legal field, such as paralegal studies, law, or business. Paralegals must also have experience in a law firm or related legal setting. Paralegals who have experience working in the field of elder law will have the best change of success in a career as an elder law paralegal.
 

Career Advancement for Elder Law Paralegals

Elder law paralegals can achieve career advancement by taking on additional responsibilities or completing specialized training. Advancement can include obtaining certification in the field of elder law, becoming a registered paralegal or certified paralegal, or becoming a specialist in a specific field, such as wills and trusts or elder law litigation. Additionally, elder law paralegals can obtain additional education beyond their undergraduate studies, such as a Master's degree in Elder Law or a Juris Doctor degree.

According to the U.S. Census Bureau's World Population Profile, the elderly population (categorized as age 65 and older) will more than double between 1998 and 2025. To accommodate the legal needs of this ever-increasing group, a fairly new field has developed. Elder law offers legal staff opportunities that are sure to continue growing along with the elderly population.
 
Elder Law Paralegals Play a Key Role in the Field's Success

The job of elder law paralegal or legal assistant encompasses much more than drafting wills and establishing trusts. "Elder law is an overview of probate law, estate planning, and long-term-care issues," said Eugenia Kofitsas, senior paralegal at Margolis and Associates, the firm that operates ElderLawAnswers.com, a nationally renowned website. "We ensure that people have the financial resources to live without running out of their assets and leave money to whomever they want to, and do so properly. Also, we ensure that they don't lose all their assets that they worked so hard for if they have to go to a nursing home, for example."

Paralegals may also be called upon to help clients obtain Social Security benefits, draft health care proxies and durable powers of attorney, aid with guardianship issues, help disabled clients, ensure that trusts remain properly funded, and correspond with courts over probate matters. "There's a lot of switching back and forth between the different aspects of elder law," stated Maana Soroken, a paralegal at Margolis and Associates in Boston.

The field presents plenty of client interaction; in fact, paralegals are often the client's primary contact. "You want to bond with the client and let them know you're there," said Ms. Kofitsas, citing the enormously personal nature of her work. "Because of the type of clientele, sometimes I find that people think a lot of things are urgent, when in reality, they're just a matter of course. I try to put them at ease with the entire process."

As such, paralegals in elder law must possess some key characteristics. "You need to be patient, understanding, and sympathetic to be in this field," Ms. Soroken said. "A lot of the times, it may be difficult working with the elderly because they don't understand why we need certain types of information from them."

Another challenge arises when clients come in with a situation that's already gone awry, such as a poorly drafted will. "People need to make sure they see a specialist in [elder] law because it's often complicated and people are often not educated," Ms. Kofitsas explained. "People think, 'Let me update my car or wardrobe,' but don't think about updating their wills." As a result, former and new clients may appear on the paralegals' doorstep or call in a sense of urgency—sometimes even years after their last consultation—and the task of digging up old files and following up on new ones may fall on the paralegal's shoulders.

Elder law paralegals and legal assistants are not only involved in day-to-day tasks, but may also contribute to key decisions in a client's case. "We have monthly case reviews with the entire office to discuss cases and stay up to date," recounted Ms. Kofitsas, stating that paralegals' and legal assistants' input is valued and appreciated at those meetings, especially from those paralegals who have a background and education in estate planning. Even more important, "Paralegals must be organized and detail-oriented because of the amount of paperwork and deadlines involved," stated Ms. Kofitsas.

It is precisely the job's personal nature and high involvement with clients' cases that elder law paralegals cite as its greatest satisfaction. "In the end, you're doing something that really helps people," said Ms. Soroken. "The type of law we do is rewarding," Ms. Kofitsas agreed. "It entails helping people, whether it's getting benefits awarded or making sure they stay out of probate."

published April 17, 2023

( 215 votes, average: 4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.