Understanding Elder Care Law, Long-Term Care, and the Importance of Compassion

Elder care attorney

When it comes to aging, death, and long-term care, we often find ourselves avoiding these uncomfortable topics. We don't like to think about getting old, let alone our loved ones getting older. But as our society grapples with the challenges of aging, it's essential to shed light on the issues that many of us tend to sweep under the rug.


In a recent podcast of Seeing Death Clearly, Bryan Alder and the host of the podcast Jill McClennen, discuss the often-misunderstood landscape of long-term care in the United States. They emphasize the need for compassion and connection with families, recognizing that aging and caregiving require more than just legal knowledge; they require humanity.


The Long-Term Care Conundrum

The United States is facing a significant crisis when it comes to aging and long-term care. As the baby boomer generation ages, the need for care is growing at an unprecedented rate. However, the country appears ill-prepared to meet this demand. The discussion in the podcast revolves around the various aspects of this crisis, highlighting the lack of facilities and caregivers.


Bryan points out that while many people assume they can simply rely on long-term care insurance and personal savings to cover the costs, this is often far from the truth. The financial aspect is only one part of the problem. There's also a severe shortage of professional caregivers, leaving families to shoulder the burden of uncompensated caregiving. In fact, the value of this unpaid care is greater than the combined extent of Medicare and Medicaid resources annually.


Aging Happens Sooner Than We Think

Another critical issue discussed is the fact that people are getting sicker and needing care at an earlier age. While in the past, clients of elder law attorneys were predominantly in their 75s or 80s, now individuals in their 50s are seeking assistance, suffering from diseases like Alzheimer's, Parkinson's, or multiple sclerosis. This shift not only places more strain on the caregivers but also leaves them in a challenging financial position.

As children have their own kids later in life, they have limited time and resources to devote to both their parents and their children. This results in increased stress, financial instability, and less-than-ideal caregiving for both generations.


Rethinking Care Models

Bryan and Jill stress the need to rethink how care is provided, moving away from the traditional institutional model. They explain that there are essentially three levels of care to consider:

  • In-Home Care: This includes home health aides, skilled nursing services, and assistance with daily living activities, such as meal preparation and personal care.

  • Residential Care: This category encompasses independent living for seniors, assisted living, and nursing homes. Assisted living is especially important, catering to those who need physical support and personal care.

  • Memory Care: A specialized form of assisted living, memory care is designed for individuals with cognitive impairments and requires a secured facility.


The Role of Elder Law Attorneys

Bryan provides insight into how they assist families dealing with long-term care challenges at Rothkoff Law Group. When families face health conditions related to aging, they turn to experts in elder law for guidance. These professionals help families navigate the complex world of healthcare, legal issues, and financial planning.


The process typically begins with a phone consultation, where the client discusses their concerns and situation with the elder law team. If the team can assist, a consultation with an attorney is scheduled. During this meeting, the attorney delves into the clinical issues, diagnoses, and family worries to develop a comprehensive care plan. This plan aims to ensure the best possible care and figure out how to finance it without leaving the family financially drained.


The legal team collaborates with a group of non-lawyer professionals, including social workers who coordinate care and services, occupational therapists who handle home safety modifications, and physical therapists who assess balance and mobility. There are death doulas to help people prepare themselves and their families for the end of life. The public benefits team works to access government benefits like Medicare, Medicaid, and VA benefits to help cover the costs of care. This comprehensive, team-based approach provides families with support throughout the aging process.


Embracing the Elder Care Symposium

In their commitment to education, the Elder Care Symposium is hosted by Rothkoff Law Group. This event, which began in 2018, aims to bring national discussions on critical issues related to elder care to the forefront. The symposium focuses on innovation and addressing challenges in elder care.


For the upcoming event, the symposium shifts its focus to the often-overlooked topic of death and dying. The symposium's theme, "Death is Part of Life: Let’s Talk About It," explores how we can approach death in a more informed and compassionate manner.


The keynote speaker for this year's symposium is Loretta Downs, an internationally recognized expert in end-of-life care. She holds various certifications related to end-of-life care and brings over 35 years of experience as a companion to individuals facing end-of-life journeys. The event is set to take place on October 19th, offering both in-person and live streaming options.


The Elder Care Symposium, hosted by Rothkoff Law Group, serves as a platform for innovative discussions in the field of elder care. This year's focus on death and dying reminds us that these topics are an integral part of life and should be approached with understanding and openness. As our society continues to grapple with the challenges of aging, it's through events like the symposium and the dedication of professionals like Bryan and Jill that we can hope for a more compassionate and informed approach to elder care and end-of-life issues.



The symposium, on October 19th, offers in-person and live-streaming options. More information is available at https://rothkoffsymposium.com/.

Listen to this episode of Seeing Death Clearly below.

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