What is Elder Law?

Elder Law is a term that has been coined to encompass the body of law regarding the aging population.  It is an area of law that has seen significant growth as the baby boomer generation ages. 

Some of the areas national elder law covers include:

• Social Security retirement and disability, Medicare and Medicaid
• Long term care, nursing home abuse, elder abuse, insurance
• Guardianship, powers of attorney, estate planning, wills and trusts
• Reverse mortgages, life estates, gift taxes, probate, age discrimination and forced retirement.

Laws to Protect Elders

President Lyndon Johnson signed the Older Americans Act in 1965, the same year that Medicaid and Medicare were created.  There is an Administration on Aging which is a division of the Department of Health and Human Services.

Some of the laws that have been enacted to protect the Elder population include:

• Social Security including disability and retirement- provides retirement benefits, disability benefits, survivor’s benefits, supplemental security income, and Medicare.
• The Age Discrimination Act - prohibits discrimination against a person because of  his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. 
• National Family Caregiver Support Program - 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.

Most states also have laws and agencies dedicated to dealing with issues related to Elder law and care of the Elderly.  Will writing and other issues relating to inheritance and taxes is another important area of elder law.  Living wills are also an area that requires planning and documentation for people concerned about how terminal illness may affect their family and their assets.

Do You Need a Lawyer?

Elder law encompasses a wide range of subjects involving the aging population.  All of these areas are complex.  A person who has to deal with these issues should seek competent counsel.  There are Elder Law Attorneys.  It is even possible for a lawyer to become certified as an Elder law lawyer.

Summary

Elder law is a growing area of practice in the law as issues involving aging and the elderly become more prominent as the baby boomer generation ages. Elder law can include topics ranging from Long-term care insurance, Social Security to reverse mortgages and age discrimination.  An Elder law center focuses on these issues, as does the AARP.  Elder law lawyers specialize in this area and should be consulted when dealing with such issues for yourself or a family member.