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LTC Bullet:

Must Attorneys Advise About LTC Options?

Thursday October 28, 1999


In their article, "What Attorneys Should Know About Long-Term Care Insurance" (The Elder Law Journal Vol. 7, No. 1, 1999, pps. 1-32), authors Robert Hayes, Nancy Boyd and Kenneth Hollman explain that an attorney may be liable for negligence if he or she does not inform a client about the full range of LTC planning options. Below is an excerpt from the article:

"Attorneys who represent elderly clients, or who wish to expand into this rapidly growing area of the law, have a professional responsibility to advise their clients of the available funding options and of the consequences of not planning for the contingency of prolonged and expensive LTC....Attorneys who advise clients about future financial security and concerns fulfill their professional obligation when they provide informed counsel in the area of LTC....If [attorneys] are not informed about the nuances of LTC insurance, they may be held liable if a client sues them for negligence. In our litigation-prone society, there are few professions or occupations outside of medicine and public accounting where the practitioner is so exposed to risk. Hence, it is in their own self-interest that lawyers consider all options when planning for medical, financial, and quality of life decisions for elderly clients." (p. 4)