Demographics and changes in the law have resulted in an insurgence of attorneys calling themselves "Elder Law" attorneys. Many of these attorneys have very limited experience in navigating public benefits and understanding the delivery system that serves individuals with disabilities and their families and that of the elderly population. Others lack a complete understanding of the tools that are used to assist these populations and often give incomplete or incorrect advice. The varying advice that is given around the state in connection with the Durable Power of Attorney in particular has caused great alarm. A properly drafted and executed comprehensive Durable Power of Attorney is often the single most important tool in the Elder Law and Special Needs practice. An improperly drafted or incomplete document can have drastic consequences to a family in crisis. As a result, our collective clients, reputations and practices suffer.

To help practitioners statewide, the section is developing a Durable Power of Attorney workshop, that will be delivered around the state, focused on educating general practitioners about the law, proper preparation and advice, as well as the adverse impact on clients when powers of attorney are not properly prepared. This program is in addition to sustained lobbying efforts undertaken by our section with NYSBA seeking to simplify the Power of Attorney while expanding its efficacy.

Demographics and changes in law have also resulted in a proliferation of non-legal agencies and persons offering to file public benefits applications and provide other advice to families that are in need of long-term care services. These non-legal providers often are unaware, or do not properly advise consumers, of the existence of important legal considerations which should be addressed to secure eligibility for programs and give individuals and families the most comprehensive advice and opportunities to secure services without the conflict of interest that often exists with the non-legal providers. The stakes are extremely high to those in need, their families and other dependents.

Over the course of the last year our section has reinvigorated our Task Force on the Unauthorized Practice of Law/Challenges to the Practice. The Task Force has developed affirmative legislation that would modify the Public Health Law mandating that certain health care service providers advise patients and residents of their right to seek legal counsel in the application process.

Further, the Task Force is working on a proposal creating an Elder Law Certification for practitioners in New York state, which we hope will be overseen by NYSBA.

Elder Law and Special Needs practitioners work with individuals and families at points of crisis in their lives. These crises often are in the context of accessing care, while attempting to maintain independence, dignity and choice. Our section feels that there must be a way to delineate those who are qualified to provide advice in this arena in order to protect the public interest and to protect the integrity of the legal profession in our area of practice.

Tara Anna Pleat is a partner of Wilcenski & Pleat.