Understanding the Imperative of Trauma-Informed Care in Elder Law Practice

In the realm of Elder Law where attorneys navigate the intricate legal landscape concerning our older clients as they may come to us reluctantly to plan for mental or physical decline and the possibility of needing long-term care, the incorporation of trauma-informed care into our law offices and professional advocacy is not just beneficial for this special attorney-client relationship but imperative. Elder Law attorneys must recognize the profound impact of two things when serving our Elder Law clients:

1) respectfully recognizing and honoring the client's integrity and autonomy.

2) the likelihood of a trauma background or existing abuse or intimidated by a loved one that makes the Elder Law planning process difficult or even triggering as they come to us to plan for the time when they are unable to care for themselves and making decisions about when they are no longer with us.

By adopting a trauma-informed perspective to Elder Law client relationships, attorneys and legal staff can provide a more compassionate, welcoming, and comforting experience to meet the unique needs of our Elder Law clients.

Respectfully Recognizing and Honoring the Client's Integrity

"Trauma-informed" is a term used to identify an area of great sensitivity and a need for a sensitive, calming experience. A trauma-informed attorney will keep in mind the importance of maintaining the client's sense of dignity as a human being that has lived a whole lifetime before ever walking into the office, preparing to discuss the dreaded possibility of needing long-term care when or if they cannot care for themselves anymore. They are acknowledging it is time to discuss what should happen when the inevitable moment comes when they are no longer with us. They are ready to have this serious talk about sensitive issues, and Elder Law clients need their attorney is be aware of this fact and can readily recognize the queues that the client sitting across from them may need more guidance than other clients in other matters. 

Trauma-Informed attorneys are keenly aware that the client was once a college student or learning a trade, most likely built a family, possibly joined the military or was drafted. They created beautiful memories, suffered tragedy, and carry great wisdom from a long life of experiences. However, at present, sitting with you in your office, the elder law client is faced with the reality of cognitive and/or physical decline. Their adult children and loved ones may openly discuss whether the car keys should be taken away or whether the client should or can live alone. It’s disheartening to think of such wonderful people not receiving the compassionate care of a trauma-informed elder law attorney who not only recognizes them as a person who has a lifetime of wisdom and experiences, but also recognizes the current need for genuine care and concern.

In my practice, I have had Elder Law clients disclose abuse for the first time. So, I listen. The clock isn't my concern in that moment. It is the precious lady sitting in front of me uttering the heinous violence or silently letting deep emotions spill over into tears. I hand them the tissue box and give them the space and assurance of safety they need in that moment. I have witnessed adult children taking advantage of their parent, my client. I have refused to let family members come in, even if the client says it is OK, but with a keen trauma-informed perspective, I can tell the client is nervous, scared even to stand up for herself. So I tell that family member, "Even though your mom said it's OK for you to come in the room with us, I have to speak to her alone." Once the door closes behind us, I've seen many clients feel relief. These are just a few brief examples and snippets of stories I've encountered in my practice of Elder Law. 

On a happier note, I love seeing my client’s eyes brighten when I ask questions about where they grew up or ask what was it like when they mention a vacation or special event. I've seen the noticeably different countenance and body language change from timid and nervous to laughing and telling me stories from childhood or sharing other fond memories. I schedule a little bit more time for my Elder Law clients because oftentimes, they do not have anyone to talk to or someone new to hear their stories. I engage with them and listen. I genuinely love hearing my elder law clients tell me stories of “back in the day.” I truly believe a trauma-informed approach is vital to the representation of Elder Law clients. Our goal at Legacy Law Collaborative is to provide a safe place and calming environment, especially for our Elder Law clients, so they feel connected and safe within our client-attorney relationship. Despite the emotions surrounding our elder law client’s acceptance of declining health due to aging or injury, a trauma-informed attorney can provide a safe place for this special group of clients simply by acknowledging them as a whole person, with a wealth of knowledge and wisdom we can glean from engaging with them and listening when they need to tell their story. In this process of respectfully maintaining the Elder Law client’s sense of dignity and autonomy builds them up because they feel seen and heard, and we start by providing a safe place for our Elder Law clients to process, share, reminisce, and disclose abuse from years ago if they need to as we sit together designing their long-term care estate plan. 

The Intersection of Trauma and Elder Law

Elder law encompasses a wide range of legal matters, including estate planning, long-term care, guardianship, and elder abuse prevention. In each of these areas, understanding the effects of past or ongoing trauma when representing elderly clients is paramount. For example, a traumatic experience such as domestic violence or any form of abuse in the past may influence an individual’s willingness to engage in estate planning or trust others, even their loved ones, with control over their assets should the client become incapacitated or need care. In my practice, I have personally experienced instances where a client discloses abuse from the past for the very first time. I listen, I care, and reassure the client that I am their advocate and will make sure they are taken care of from a legal planning perspective. I acknowledge their pain, provide comforting items like water, a box of tissues, a piece of candy -anything that I sense will providing a safe and comfortable space should the client have a traumatic reaction when discussing their life, their family dynamics, and their goals in planning for long-term care needs. In such situations, I have witnessed the impact of abuse or neglect in the client’s past, and I have observed how those terrible events affect their preferences regarding long-term care arrangements and guardianship decisions. A trauma-informed attorney will know when to speak in softer tones, be patient with the client rather than looking at the clock, and provide gentle guidance when explaining the legal issues surrounding long-term care planning. Additionally, a trauma-informed attorney will notice if there is a potential for current abuse, such as financial exploitation by an adult child. Personally, I have ushered adult children out of the conference room so I can talk one-on-one with my client. “Tell me what you want,” I’ll ask, because the red flag I notice is an adult child or close family member talks over the client or speaks “for” them, which is not appropriate or ethical. The only reason anyone other than the Elder Law client is in the room is because that particular family member has intimidated the client, and the client could not speak for himself and say "NO" to this family member. Once I speak up for the client and clear the room, I use that time to empower the client let them know they are safe, that THEY are my client and no one else, and THEY are in charge of the plan we design. Many times this issue has occurred, I see relief come across my client's face, and I am honored to be in a position to remove the family dictator and give my Elder Law client the opportunity to speak for themselves.

Benefits of Trauma-Informed Care in Elder Law Practice:

1. Enhanced Communication: By approaching interactions with Elder Law clients with empathy and sensitivity to known traumas or sensing the client's anxiety, for example, attorneys can establish trust and rapport with our Elder Law clients more effectively. Clear and compassionate communication is essential for eliciting important information, understanding clients’ wishes, and fostering a sense of empowerment and agency.
2. Tailored Legal Solutions: Trauma-informed attorneys recognize that a one size-fits-all approach is inadequate when addressing the complex needs of our Elder Law clients. Trained attorneys tailor the available legal strategies and recommendations to align with the Elder Law client’s values, preferences, and past experiences, ensuring that their wishes are respected and honored. The little things such as honoring the life of a spouse or child who has predeceased the client under the family information section has meant so much to many of my clients. They say just referencing their loved one in the documents makes them feel like that loved one is not being "left out" as one client put it. It's a small thing for attorneys to do, but it has such a great impact on the client, and that makes it worth taking the extra minute to extra-personalize their planning documents. 
3. Mitigation of Re-traumatization: Legal proceedings and discussions surrounding topics such as end-of-life planning or the potential for family disputes can inadvertently trigger past traumas. By incorporating trauma-informed practices, attorneys can mitigate the risk of re-traumatization by creating a safe and supportive environment, validating the client's lived experiences, and offering appropriate resources and referrals for additional support.
4. Preventing Elder Abuse: Trauma-informed care extends beyond individual client interactions to address systemic issues such as elder abuse and neglect. Attorneys trained in trauma awareness are better equipped to recognize signs of abuse, advocate for vulnerable clients, and collaborate with other professionals, such as social workers and healthcare providers, to ensure their safety and well-being.

Challenges and Considerations:

Implementing trauma-informed care in elder law practice requires ongoing education, self-awareness, and collaboration with interdisciplinary professionals. Attorneys must remain vigilant in recognizing the signs of trauma, understanding its impact on the client's decision-making capacity, and adapting our approach to empower the client and support them as best we can as their Elder Law attorney. Additionally, addressing systemic barriers to trauma-informed care, such as limited access to mental health services for elderly individuals, requires advocacy and community engagement.

In the rapidly evolving landscape of Elder Law, the integration of trauma-informed care is not just a best practice but a moral imperative. As advocates for the aging population, it is our duty to ensure that every legal interaction is genuine and exhibits empathy, understanding, and respect for the inherent worth and resilience of everyone we serve. By adopting a compassionate, client-centered approach and acknowledging the profound influence of past traumas on our Elder Law clients, attorneys can uphold the principles of justice, dignity, and autonomy for all individuals, regardless of age or life experience.