As we have all heard, we must take care of our elders.
According to the Census Bureau, in 2022, 17.3 percent of the population is over 65 years old. As expected, with age comes a heightened need for assistance. As a case manager at a law firm, my job is to meet an elder’s expectations when coming into the office—aside from being treated with dignity. Each client should feel educated about what they can do and how to legally accomplish their goals. Some questions are harrowing but are necessary: Who is my decision-maker when my spouse dies? Who is getting my assets? Who should I give the responsibility to after I die?
Case managers should alert the attorney they assist if they notice any odd behaviors between the client and the client’s family member or person bringing the client to the law firm for appointments. It is common for elders to be exploited by their helpers. Case managers need to be on the lookout for this behavior. Together, lawyers and case managers have the power, knowledge, and skills to decrease the number of vulnerable adults by drafting carefully curated powers of attorney and estate planning documents while educating our clients on the risks associated with granting someone the power of executor.
Managing elder law cases is an emotional process. Each case is someone’s whole life. A case manager is essential in keeping these cases moving forward and maintaining the client’s expectations. Some cases take years and thousands of dollars to complete.
Law firm support staff are critical for the operation of the firm, and they need to be bolstered with training. Communicating with the client establishes the value of the attorney’s work. The client needs to feel assured that their case is being actively worked on and that they are not just a number to the firm. Explanations of the meaning of motions and decisions by the court will help the client understand what is happening. For the case manager, this communication not only promotes their understanding of the legal process but will also keep the client manageable.
Nobody wants to come into the office on Monday morning to a bunch of angry client messages. On Friday after lunch, a case manager should get out their case list and start calling each client to check in on them and tell them one thing the firm did this week to move their case forward. If the answer is nothing, the case manager should do something, even something small, before initiating a call. This creates constant communication between the client. In turn, the client feels valued.
If the case manager does not know the reason behind legal procedures or documents, they should take some continued education classes or do some research. It is the World Wide Web, after all.
When case managers feel knowledgeable about the case they are working on, they feel empowered. Extra training creates consistent staff interactions, which are crucial to elder law cases and the firm in general. Clients need to trust the business to which they give their life instructions. Entry staff are the first faces and personalities clients see when they come in for representation. Be kind!
Attorneys call on their staff to perform their daily jobs so attorneys can analyze the facts of the client’s case and determine what judicial mechanism occurs next to protect the client’s interest. Being an exceptional, organized assistant takes one far in life.
The nature of estate planning cases often depends on the age of the client when the planning process begins. Imagine being well and able in your 50s, with ample life ahead of you. You may be a recent empty nester. You are relearning life without the hustle of kids. You are relearning how to love yourself, your spouse, and your life. You are healthy, and your mind is sharp enough to make stable decisions. Most likely, nobody will be successful in convincing you to give up your life earnings. Our firm encourages clients to make long-term care decisions at a young, vibrant age—yes, 50—when decisions come easy. Law firms are places for clients to learn about life risks and plan accordingly.
Unfortunately, many people wait too long to write down their intentions or are later convinced to change them. Imagine—the common case—a client in their 80s. Their lifelong companion has predeceased them. They are frail and tire quickly with mental exertion. They can no longer make substantive life decisions, such as paying property taxes or keeping an ample stock of nutritious food. This is a vulnerable adult. It is devastating to see someone succumb to their caregivers, perhaps their new love, appointing them as attorney-in-fact in their final days out of the desire to be accepted and not alone.
I have been to many elderly people’s homes and wish I could provide a “granddaughter service” to them, talking about recipes, cooking, gardening, livestock, and life before technology. As a case manager, I have used these experiences to better understand my clients in elder abuse cases. One of the main lessons is simply to be patient and kind.
Taking care of the elderly is not only a moral imperative but also a source of strength for law firms working in the areas of estate planning, trusts, and wills. Case managers can play a vital role by treating elderly clients with empathy and respect, by continually seeking advanced knowledge, and by providing great service in the name of the firm.
