Alexandria Chris Streich is a member of the National Academy of Elder Law Attorneys.(NAELA)

Elder law focuses on the special issues that arise as we age. Elder law differs from estate planning in that it narrows the focus to preserving quality of life as you reach the end of life. Elder law differs from asset protection planning in that it focuses specifically on issues that arise near the end of life rather than one’s entire life.

Even if your assets are minimal, you should at least designate a person who will responsibly manage your assets and your care in the event that you become incapacitated. If you do not plan for such an event, state law and a court will determine who will be responsible for making very personal decisions on your behalf. As District Attorney, I unfortunately witnessed appointed care persons stealing from and mistreating incapacitated, elderly persons. I cannot stress how important it is to properly plan for yourself and your partner, to minimize the possibility that mistreatment will happen to you. You may wish to view the “incapacity” link for more information on this topic.

Just as estate planning uses various tools to avoid unnecessary expense, reduce family conflict, and provide for orderly transitions at the time of death, elder law also seeks to address these same issues, but this area of the law seeks to implement the plan when you become incapacitated. Comprehensive planning will involve not only an estate and asset protection plan, but also an incapacity plan.

Elder Law Restraining Order .PDF