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Older Adult Law

We all aim for a long and prosperous life with financial security and good health. You hope for leisurely retirement while finding new pursuits outside of work. But, as we get older, we may face issues with our health. Decreasing mobility and mental clarity can make staying at home or enjoying life difficult.

FindLaw's Older Adult Law section covers many legal matters unique to older Americans, such as long-term care options, incapacity, and older adult abuse.

What Exactly Is Elder Law?

Elder law, often called "older adult law," encompasses an array of issues affecting people over age 65. Topics range from drafting a durable power of attorney to seeking help for consumer scams that target older people.

An elder law attorney may help their clients with a variety of issues, such as the following:

Passage of the Older Americans Act (OOA) in 1965, the same year Medicare was created, marked a significant federal recognition of legal matters unique to older people. The OOA created the Administration on Aging within the Department of Health and Human Services and established state grants for research and community services affecting older individuals.

Later amendments to OOA included a national nutrition program for the elderly and the National Family Caregiver Support Program, which was intended to help families caring for older loved ones through support groups and financial assistance.

Finances for Older Adults

Enough money for retirement is never guaranteed. Individuals with a fixed income may face several potential challenges. And even if they have substantial money, there are concerns about asset protection, scams, and planning for eventual diminished capacity.

Health Care for Older Adults

There are legal issues surrounding patient advocacy, diminished decision-making skills, and end-of-life choices. Older adults and their loved ones also need to consider comfort and care that fits into everyone's finances and benefit plans.

Does Elder Law Include End-of-Life Issues?

Most end-of-life issues fall within the scope of older adult law, although family members of the elderly often help with the process. As we approach the end of our lives, we can choose to draft a living will, appoint a health care agent, sign an advance directive, and even state how we would like our remains treated after death. A handful of states even allow the terminally ill to end their lives through assisted suicide.

You can even handle some of these legal documents yourself with a DIY living will form.

How Can an Older Adult Law Attorney Help Me?

An elder law attorney can help you navigate the complexities of various state and federal laws to help you better plan for your later years, giving you peace of mind. Although older adult law as a practice area is quite diverse, the best elder law attorneys understand the unique needs of elderly clients.

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You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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Next Steps

Contact a qualified elder law attorney to help you and loved ones plan care and address problems.

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Help Me Find a Do-It-Yourself Solution

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex health and financial situations usually require a lawyer
  • A lawyer can reduce the chances of a legal dispute
  • DIY is possible in some simple cases
  • You can always have an attorney review your form

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.


 If you need an attorney, find one right now.

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