Paralegal

The Empowered Paralegal: Working with the Elder Client

by Robert E. Mongue

2010 • $38.00 • 328 pp • paper • ISBN: 978-1-59460-795-0 • LCCN 2010025542

Tags: Elder Law, Elder Law, Law/Paralegal Studies, Paralegal

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Elder law is a dual-natured creature and in many ways is quite unlike any other area of law. Substantively the law is law – statutes, cases, rules, and regulations – all of which must be researched, analyzed, understood and applied. Unlike any other type of law, however, elder law is not about something a client is going through, such as a divorce, bankruptcy, a real estate transaction, or even a criminal charge. Elder law is about whom and what the client is – an elderly person. The Empowered Paralegal: Working with the Elder Client enhances understanding of elder law clients, the laws applicable to them, and the issues they face.

The Empowered Paralegal: Working with the Elder Client examines the many influences on elder clients and their families, the deeply personal perspectives which result from those influences, and how they affect the decisions elder law clients make. It focuses on awareness and understanding of the elder client, explaining in clear language the dual nature of the elder client, the physical and psychological changes that occur as we age, and the practicalities of accommodating these changes when working with elderly clients. It also examines:

• Issues surrounding competency, as well as the need for and methods of documenting competency in the file.
• Dealing with the client’s family, including conflicts of interests, confidentiality and undue influence.
• Perspectives, many culturally or religiously based, on aging, death, and dying.
• Intestacy, estate planning basics, and the use of basic estate planning tools to meet client goals.
• Advanced directives and other means of planning for end-of-life decisions.
• Social Security, SSI, Medicare, Medicaid and other public benefit programs and laws directly affecting the elderly.
• Elder abuse and the conflicts that may arise between the attorney/client privilege and mandatory reporting statues.
• Ethical dilemmas faced by the professionals who work with the elderly.

“Mongue’s book does not cover the ho and the hum of regular 'how-to' paralegal books.  In fact, what he covers should be taught in every school regardless of specialty, profession or even age.  Here, Mongue deals with our feelings about aging and the myths, stereotypes, cultural prejudices and extrapolations to the general population based upon personal experience.  He draws you in as he explains behavior and the aging process and teaches you how to react as a result. As it turns out, much of what we think about the elderly is wrong, wrong, wrong.” — Chere Estrin, Editor-in-Chief of KNOW, The Magazine for Paralegals and SUE, For Women in Litigation; Chairperson of the Board, The Organization of Legal Professionals (OLP)

“[A]n insightful guide that any legal professional who works with an older population will find extremely useful. Mongue brings his extensive expertise both as a practicing lawyer and a paralegal instructor to the table, and illustrates his points with interesting examples. He discusses the complexities of the law in regard to aging in a clear, direct style that readers of all experience levels will appreciate. This book is a must-read and a valuable desk reference for anyone who interacts with elder clients.” — Lynne J. DeVenny, Co-Author of Workers’ Compensation Practice for Paralegals and blogger at Practical Paralegalism 

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