By KATHLEEN GEST
Local Columnist
---- — When seniors finally reach the "golden years," their legal issues are significantly different than they were just a few years before.
There's estate planning, wills, trusts, arrangements for long-term care, Social Security issues, retirement benefits, and protection against elder abuse and fraud. Therefore, it is imperative for them to plan ahead and know their legal rights.
The needs of seniors have evolved into their own legal field — elder law.
To help seniors stay informed about what's available to them, the Traverse City Senior Center created a legal assistance program called Ask the Lawyer.
Jim Dalrymple, a lawyer whose expertise is wills and trusts, volunteered two years ago to conduct counseling sessions at the Senior Center, taking over a 15-year program. He thought it would be a useful way to make his particular information available to seniors who needed it.
"Elder Law is like geriatric medicine where you take care of the senior population's concerns," Dalrymple said. "People think of it as being mostly Medicare planning and nursing home care, but traditionally it is more wills and trusts, durable powers of attorney, medical powers of attorney and a whole panacea of documents that everyone needs, but are especially concerned about in their latter years."
According to Dalrymple, the seniors he counsels are mostly concerned about whether to put their children's names on assets or how to get their children off of assets; how to handle probate; whether wills are really needed in their specific situation; survivorship legal issues; how to title their assets; and situations where a will needs to be changed.
"I have looked at wills and trust agreements during my consultations," Dalrymple said. "I have also been asked to look at wills drawn up in other states to see if they are valid here in Michigan."
Dalrymple decides from the information he receives during consultations whether the senior has a legitimate reason for concern; then he can recommend a solution. If the issues are too complicated for a 20-minute consultation or not in Dalrymple's expertise, he can refer them to another resource that can help.
Talking to a lawyer gives the seniors more knowledge about elder law and a better understanding of a particular situation. Just having someone listen to their concerns and legal issues sets their mind at ease. Ultimately, it is about peace of mind.
"They are free to ask me any questions, but my expertise is estate planning," Dalrymple said. "I have been able to answer nearly all of the questions asked, as most of the seniors I see do not come in with exceedingly complicated questions."
According to Dalrymple, if an estate is complicated, a trust and durable power of attorney is advisable. Another legal document he thinks is vital for seniors is a patient advocate. Designating who (as in one person) is in charge or has the power to decide in a medical situation is important. It saves family members from working at cross-purposes to decide on a medical procedure or course of action. When you assign someone as a patient advocate, that person knows your general wishes for your medical decisions; then it is up to the patient advocate to make the ultimate decision.
Normal counseling sessions run about 15 to 20 minutes. Sometimes the explanation and clarification that leads to the senior's problem takes longer then the time set aside for the session, so some allowances are made.
According to Dalrymple, the Grand Traverse County Commission on Aging has a referral list for elder law specialists and the Bar Association at the Grand Traverse County Law Library in the courthouse has a lawyer referral service for a $25 fee, which entitles the senior to a half-hour session. If the senior's issue is a domestic dispute, Dalrymple may refer him or her to the Woman's Resource Center.
For more information on Ask the Lawyer or to make an appointment, call the Senior Center at 922-4911 or e-mail lwells@tcseniorcenter.com
Kathleen Bellaw Gest is a local freelance writer. For more about the Traverse City Senior Center, go to www.tcseniorcenter.com.
