Elder law (U.S.)
Encyclopedia
Elder law is a legal term coined to cover an area of legal practice that places an emphasis on those issues that affect the growing aging population.
Other issues found under the umbrella of elder law include such areas as estate planning
; wills
; trust
s; guardian
ships; protection against elder abuse
, neglect
, and fraud
; end-of-life planning; all levels of disability and medical care; retirement planning; Social Security
benefits; Medicare
and Medicaid coverage; Medicaid planning (United States); consumer protection
; nursing home
s and in-home care; powers of attorney
; physicians' or medical care directives, declarations and powers of attorney; landlord/tenant needs; real estate and mortgage
assistance; various levels of advice, counseling and advocacy of rights; tax
issues; and discrimination
.
(OAA), originally signed into law by President
Lyndon B. Johnson
on July 14, 1965 (the same year Medicare was created), claims credit for creating the Administration on Aging
(AOA), a division within the Department of Health and Human Services. The OAA also authorized grants to States for community planning and services programs, funding for research, and demonstration and training projects in the field of aging.
In 1972 Amendments to the OAA added the national nutrition program for the elderly. The OAA of 2000 was amended on November 13, 2000 to include the National Family Caregiver Support Program, which was intended to help hundreds of thousands of family members who are struggling to care for their older loved ones who are ill or who have disabilities. This program provides grant funding for combined services between state and local agencies for such things as counseling, support groups, respite
and other community based services. These services are focused on the care of the frail and aging members of society. The program also provides services geared towards the family units of grandparents and other older relatives now in the stages of care-taking for related children eighteen years of age and under.
s, paralegal
s, legal assistants, legal secretaries, guardians ad litem (GAL)
, various types of psychologist
s, care givers, financial planner
s, policy makers and legal advocates, benefit specialists, Better Business Bureau
, Attorney General
's Office, Consumer Protection Agency, political watch-dog groups, health care providers, researchers, funeral planners, grief counselors, case workers, abuse & fraud investigators, educators, product developers, transportation providers, entertainment and tour guides, real estate agents, mortgage brokers, insurance providers, or simply elder companions.
Essentially any career field can create a benefit to the aging of modern society.
Categories
The three major categories that make up elder law are:- Estate planningEstate planningEstate planning is the process of anticipating and arranging for the disposal of an estate. Estate planning typically attempts to eliminate uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses...
and administration, including tax questions; - MedicaidMedicaidMedicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
, disabilityDisabilityA disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
and other long-term care issues; and - GuardianshipLegal guardianA legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
, conservatorship and commitment matters, including fiduciary administration.
Other issues found under the umbrella of elder law include such areas as estate planning
Estate planning
Estate planning is the process of anticipating and arranging for the disposal of an estate. Estate planning typically attempts to eliminate uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses...
; wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
; trust
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
s; guardian
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
ships; protection against elder abuse
Elder abuse
Elder abuse is a general term used to describe certain types of harm to older adults. Other terms commonly used include: "elder mistreatment," "senior abuse," "abuse in later life," "abuse of older adults," "abuse of older women," and "abuse of older men."...
, neglect
Neglect
Neglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
, and fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
; end-of-life planning; all levels of disability and medical care; retirement planning; Social Security
Social Security (United States)
In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...
benefits; Medicare
Medicare (United States)
Medicare is a social insurance program administered by the United States government, providing health insurance coverage to people who are aged 65 and over; to those who are under 65 and are permanently physically disabled or who have a congenital physical disability; or to those who meet other...
and Medicaid coverage; Medicaid planning (United States); consumer protection
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
; nursing home
Nursing home
A nursing home, convalescent home, skilled nursing unit , care home, rest home, or old people's home provides a type of care of residents: it is a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living...
s and in-home care; powers of attorney
Power of attorney
A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
; physicians' or medical care directives, declarations and powers of attorney; landlord/tenant needs; real estate and mortgage
Mortgage loan
A mortgage loan is a loan secured by real property through the use of a mortgage note which evidences the existence of the loan and the encumbrance of that realty through the granting of a mortgage which secures the loan...
assistance; various levels of advice, counseling and advocacy of rights; tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
issues; and discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
.
History of Elder Law
The history of the Older Americans ActOlder Americans Act
The Older Americans Act of 1965 was the first federal level initiative aimed at providing comprehensive services for older adults. It created the National Aging Network comprising the Administration on Aging on the federal level, State Units on Aging, and Area Agencies on Aging at the local level...
(OAA), originally signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Lyndon B. Johnson
Lyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
on July 14, 1965 (the same year Medicare was created), claims credit for creating the Administration on Aging
Administration on Aging
The Administration on Aging is an agency of the United States Department of Health and Human Services. AoA awards annual grants to State government agencies on aging and Native American tribal organizations to support programs mandated by the Congress in the Older Americans Act...
(AOA), a division within the Department of Health and Human Services. The OAA also authorized grants to States for community planning and services programs, funding for research, and demonstration and training projects in the field of aging.
In 1972 Amendments to the OAA added the national nutrition program for the elderly. The OAA of 2000 was amended on November 13, 2000 to include the National Family Caregiver Support Program, which was intended to help hundreds of thousands of family members who are struggling to care for their older loved ones who are ill or who have disabilities. This program provides grant funding for combined services between state and local agencies for such things as counseling, support groups, respite
Respite care
Respite care is the provision of short-term, temporary relief to those who are caring for family members who might otherwise require permanent placement in a facility outside the home....
and other community based services. These services are focused on the care of the frail and aging members of society. The program also provides services geared towards the family units of grandparents and other older relatives now in the stages of care-taking for related children eighteen years of age and under.
Careers in or associated with Elder Law
Careers that are developing around the area of Elder Law include lawyerLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s, paralegal
Paralegal
Paralegal is used in most jurisdictions to describe a paraprofessional who assists qualified lawyers in their legal work. This is true in the United States and many other countries. However, in Ontario, Canada, paralegals are licensed by the Law Society of Upper Canada, giving paralegals an...
s, legal assistants, legal secretaries, guardians ad litem (GAL)
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
, various types of psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
s, care givers, financial planner
Financial planner
A financial planner or personal financial planner is a practicing professional who helps people deal with various personal financial issues through proper planning, which includes: cash flow management, education planning, retirement planning, investment planning, risk management and insurance...
s, policy makers and legal advocates, benefit specialists, Better Business Bureau
Better Business Bureau
The Better Business Bureau , founded in 1912, is a corporation consisting of several private business franchises of local BBB organizations based in the United States and Canada, which work through their parent corporation, the Council of Better Business Bureaus .The Better Business Bureau, through...
, Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
's Office, Consumer Protection Agency, political watch-dog groups, health care providers, researchers, funeral planners, grief counselors, case workers, abuse & fraud investigators, educators, product developers, transportation providers, entertainment and tour guides, real estate agents, mortgage brokers, insurance providers, or simply elder companions.
Essentially any career field can create a benefit to the aging of modern society.
External links
- National Academy of Elder Law Attorneys
- National Elder Law Foundation
- National Family Caregiver Support Program
- Older Americans Act
- Administration on Aging
- http://www.state.sd.us/social/ASA/Funding/Act/history.htm
- http://www.agingcarefl.org/aging/legal
- http://www.neln.org/sitemap.html
- http://www.virtualchase.com/resources/elderlaw.shtml
- http://www.findlaw.com/01topics/36civil/elder.html
- http://www.llrx.com/columns/elder.htm
- http://www.wsba.org/lawyers/groups/elderlaw/default1.htm
- http://www.abanet.org/aging/