Older Adult Laws and Resources: The Basics

Older adult law addresses many legal issues that affect older Americans, including:

• Problems with public benefits (insurance, Medicare, or Medicaid)
• Issues with private health care benefits and providers
• Social Security issues
• Estate planning
• Older adult abuse
• Financial exploitation
• Long-term care planning and costs
• Nursing home abuse, costs, state laws, or other issues
• Home care vs. assisted living decisions
• Guardianship and conservatorship
• Real estate issues like selling a home or passing it on to children
• Special needs trusts
• Care and long-term planning for vulnerable adults
• Dispute resolution for families

This section covers various legal matters specific to older Americans. This includes long-term care options, incapacity, and issues related to older adult abuse. Older adult law addresses concerns that older people and their families might face. Find information and resources to help you understand government benefits, health insurance, estate planning, and more.

When questions arise about care planning, benefits, or legal rights, an elder law attorney near you can provide guidance tailored to your situation. Find local legal help.

The History of Older Adult Law

The Older Americans Act (OOA) passage in 1965 marked a significant federal recognition of older people’s legal rights. The OOA created the Administration on Aging within the Department of Health and Human Services. It also established state grants for research and community services affecting elderly people.

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

Financial and Retirement Planning for Older Adults

Planning for a secure retirement can be confusing, especially if you have a fixed income. Older adults deal with many challenges. These include managing income, protecting assets, avoiding scams, and planning for memory or health issues.

Exploring ways to increase income, protect money with legal help, stay smart about scams, and plan for possible health problems are important things to think about. Getting advice from a legal expert helps older adults handle these challenges for a safer and well-planned retirement.

Estate planning rules and processes vary by state. Find an attorney near you.

Health Care for Older Adults

Dealing with aging involves health care decisions around patient advocacy, long-term care insurance, and end-of-life choices. It’s crucial to ensure that medical care aligns with financial plans. Key aspects include:

• Patient advocacy. Clearly express medical preferences through legal documents like advance directives.
• Diminished decision-making skills. Plan for potential declines in decision-making with legal tools like durable powers of attorney.
• End-of-life choices. Craft legally binding documents, like living wills, to express preferences for end-of-life care.
• Financial considerations. Understand benefits, insurance, and long-term care options to plan for future expenses.

These legal and financial aspects ensure a tailored approach to health care for older adults that respects their preferences and promotes well-being.

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
• Decide 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 handle some legal documents with a DIY living will form.

How Can an Older Adult Law Attorney Help Me?

An elder law attorney can help you navigate various state and federal laws to help you better plan for long-term care.

Though older adult law is diverse, the best elder law attorneys understand the needs of elderly clients and their legal rights. Most elder law attorneys offer legal assistance with elder abuse and probate and estate planning issues.

If you’re ready to get legal help, FindLaw’s directory of elder law attorneys can get you started. Start by entering your city or ZIP code for a list of qualified legal professionals near you. Your search results will also show important details about prospective attorneys, like ratings and whether they offer free case evaluations.

Get More Help: Older Adult Resources and Agencies

Agencies on aging focus on older adults’ legal, health care, and financial planning needs. These agencies can operate on the federal, state, or local level.

Most agencies on aging get funding through the Older Americans Act. They offer a range of services in the areas of:

• Home care help
• Retirement planning
• Legal problems and financial help
• Social services
• Public benefits
• Counseling
• Education training
• Advocacy for elder rights
• Protective services
• Elder abuse and neglect prevention

If you or a loved one needs help with an age-related matter — such as health care, Social Security, or Medicare/Medicaid — national and statewide agencies can help. Below are links to several of these agencies:

• Alzheimer’s Association — A network of more than 280 chapters nationwide, the Alzheimer’s Association provides support groups for caregivers of loved ones with Alzheimer’s. It also connects caregivers to resources to increase patient care and funds research efforts toward a cure for Alzheimer’s.
• American Association of Retired Persons (AARP) — AARP provides members with publications on all topics related to older adult issues. It also advocates for legislation to improve older adult lives.
• National Council on Aging — The National Council on Aging is a nonprofit advocacy group working to help older people be financially independent and improve their health.
• National Institute on Aging — The National Institute on Aging is the federal government’s agency providing research and policy proposals to serve older adult Americans.
• America’s Health Insurance Plans (AHIP) — A trade association for insurance providers. AHIP offers information on the types of health insurance plans available to Americans, young and old. It discusses laws affecting health insurance coverage and eligibility requirements.
• National Academy of Elder Law Attorneys — Established by the Older Americans Act, the National Association of Area Agencies on Aging is a national organization. It helps local and community-based agencies in delivering older adult care services. The organization also provides a care locator to help older adults find services and support.
• American Society on Aging (ASA) — The ASA works to educate older adults about the legal, healthcare, and social issues they may face as they age. The ASA also has an expanded network of branches focusing on specific groups within the older adult community, such as lesbian, gay, bisexual, transgender, and queer (LGBTQ+) older adults and those with cultural or ethnic backgrounds.
• Medicare — Medicare is a government-funded health insurance program for older adults and other eligible people. Medicare offers a hotline to get information at 1-800-MEDICARE.
• Social Security Office — The Social Security Administration provides benefits to older adults at a certain age. It can also connect people to other services, such as healthcare and disability benefits.
• National Association for Home Care and Hospice (NAHC) — This nonprofit organization provides education and support for home care, elder care, and hospice providers.
• National Association of Area Agencies on Aging — Established by the Older Americans Act, the National Association of Area Agencies on Aging is a national organization aiding local and community-based agencies in delivering older adult care services. The organization also provides a care locator to help older adults find services and support.
• Caregiver Action Network — This national organization provides support and advocacy for family caregivers. This can include adult children caring for their aging parents or older adults caring for their spouses after suffering a debilitating injury or illness.

Residential Facilities and Long-Term Care: Additional Resources

Whether you’re considering assisted living or nursing homes, the articles below will help you make an informed decision. Find practical guidance on nursing home contracts, long-term care options, and insurance.

• Choosing a Long-Term Care Facility — Long-term care facilities are for those who need 24-hour monitoring, personal help, or nursing care because of a physical or mental condition. (FindLaw)
• LTC (Long-Term Care) Insurance: Risks and Benefits — Insurance companies advertise long-term care insurance as a necessary protection against the high cost of care. But is it a good investment? (FindLaw)
• Choosing the Right Assisted Living Facility  — Find what assisted living may offer and what to look for when evaluating it as a new home. (FindLaw)
• Nursing Homes: Making the Right Choice — Explains key issues, alternatives to nursing homes, important selection factors, nursing home resident rights, and more. (National Institute of Health)
• Do’s and Don’ts of Nursing Home Contracts — Provides do’s and don’ts for entering into a contract with a nursing home. (FindLaw)
• Nursing Home Resources — Who can help you decide about long-term care? (NIH)
• Rights of Nursing Home Residents — Lists some important rights of nursing home residents. It covers visitation, medical care, and more. (FindLaw)
• Alzheimer’s Facilities: How to Find Proper Residential Care for Alzheimer’s Patients — Older adults with Alzheimer’s disease have special care needs. Here are a few things to consider when choosing a long-term care facility. (FindLaw)