Older Adult Law: Basics and Overview

There are many legal issues to consider in older adult law, 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
• 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

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. It also had the National Family Caregiver Support Program. This program helped families caring for older loved ones through support groups and financial help.

Finances for Older Adults

Planning for a secure retirement can be tricky, especially if you have a fixed income. Older adults deal with many challenges. They include income, asset protection, avoiding scams, and planning for issues with memory or health.

Exploring ways to add to a low income, protecting money with legal help, staying smart about scams, and planning 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.

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, and sign an advance directive. We can even say 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 help with elder abuse and probate and estate planning issues.