It is my personal opinion that there is no place for politics in elder care law. I recently discussed the election during a dinner conversation with a friend. We discussed our political views and opinions. He correctly observed he never sees political opinions on my Facebook or LinkedIn pages. He inquired why I chose not to engage in a political discussion, suggesting whether it was because I wanted to be perceived as apolitical from a business perspective. In a way, he was right, but not for the reasons he thought.
Many years ago, I represented an elderly stroke survivor whose only living family was his brother. As a result of the stroke, the client was receiving attorney collection letters for services received in a local nursing home.
Upon reviewing the matter, including the nursing home admissions agreement, I noted that the entire agreement was blank, including the private pay cost for the facility after Medicare stopped paying. Further, medical records seemed to suggest that my client was likely sedated and confused when discharged from the hospital to the nursing home.
I called the nursing home attorney explaining my client’s position. The attorney asked, “what kind of law do you practice? “I replied, “Elder Law.” His response to me was, “Oh, you are one of those guys who hides money so people do not have to pay nursing home bills.” He went on to rant about the state of the industry and how Elder Law attorneys are part of the problem.
While I would like to report that I did not engage him in this conversation, and calmly stated my position. The reality is that I, regrettably, got into an argument with him. When the call ended, I was so angry and so baffled by his lack of understanding about what elder law attorneys do and how we help.
Several years later, I received an unexpected telephone call from this same attorney. He offered an apology and went on to explain that his mother had dementia and needed nursing home care. He did not know where to begin nor how to protect his father. He and his father retained our office to help find the best care for his mother and protect assets for his father.
I am sure you are wondering why I am sharing this story and how is it related to my dinner conversation with my friend. The attorney from whom I received spitting vitriol, and to whom I likely did the same, needed help for his family. It did not matter that he represented nursing homes; it did not matter what he thought of my practice. It is because of this that I keep my personal views to myself. It is not because I am worried about its possible negative effects on business, but because I am worried about alienating someone who may need our help.
There is no place for politics in elder care law because: Dementia does not vote. Parkinson’s Disease is not red or blue. Disease and disability simply do not discriminate. My personal views and those of the families we help are irrelevant to the needs of those families. Regardless of your personal opinions, your politics, how you view the world, or how you regard attorneys, our team is here to help you and your family find the best care possible and figure out how to pay for it without going broke.
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