by Geoff White

Is my office full of antiques, easy chairs, and coasters? Large print books, reading glasses and tea? Hardwood floors, extra-wide doors and a ramp? Am I well-practised at speaking loudly, slowly and clearly? Well… yes. But is that what makes me an Elder Law lawyer?

I deal with Wills and Trusts; matters of disability and care arrangements; questions of capacity and heath care. Is that what makes up Elder Law?

For me, those lists are by-products of what Elder Law really is: an approach to the law. That “approach” may be best described by a Nepalese bedtime story about a basket, the “Doko.”

The large simple basket plays a big role in family life. It carries not only grain and wood, but also Yeh-yeh when he was a child. The Doko was there when Yeh-yeh became a man and married. It was used to build his home. And then, it was to be used again when Yeh-yeh aged into a grandfather. He had become a nuisance by inadvertently setting the house afire. Yeh-yeh’s son decided to leave him on the temple steps for the priests to tend. Yet, as Yeh-yeh was carried away in the basket by his son, the young grandson asked his father to make sure he brought the Doko back – because then the grandson “won’t need to buy another Doko when you are old and it is time to leave you on the temple steps.” In his simple request, the grandson exposed the prejudice and cruelty of the son’s actions.

How we treat the potentially vulnerable members of our society is often described as the best judge of our character. It is also just good plain sense – we too will age.

We are often asked what type of world we will be leaving our grandchildren. Elder Law asks what world we are creating for ourselves when we will be grandparents? Or great-grandparents?

Like the Doko basket, our society has tools that help: laws, policies, customs, and financial resources. How do we use those tools?

We may not have the “temple steps,” but we do have our own version. The care facility that, based on a “first-available-bed” policy, is far away from family and supports. The medical decision that excludes the usual and effective treatment for the sole reason that you are “too old.” The loss of input into decisions about the home you own because someone feels that you need to be “protected.”

Elder Law peels back the prejudice of ageism. It is not just about elders. It is about promoting society’s ability to give independence, dignity and, where appropriate, support.

Elder Law therefore covers broad areas of law – often delving beyond the clarity of statutes and regulations and into the murkiness of policy and discretion. Our traditional legal remedies are sometimes not effective or affordable. The best results are often creative blends of the law and advocacy: how can I as a lawyer ask that one question, as the young grandson did, that will so clearly expose the prejudice, and advocate for a change?

What is a day in the life of an Elder Law lawyer? – It’s about influencing how our basket is going to be used.

Geoff White is the Chair of the CBABC Elder Law section. His Kelowna practice includes Elder and Estates Law. He can be reached at gwhite@bcestatelaw.com.

This article was published in the April 2007 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2007, all rights reserved.