Elder Law

The branch of legal practice that deals with the issues and concerns of the senior citizens of the United States is termed as Elder Law.  The Elder Law is a series of legislations that protect and implement the rights and duties of the elderly.  The Elder Law includes not only the elderly but also those persons in close association with them. Federal rules define an elder as a person who is 60 or above in age.   As the population of senior citizens has seen a tremendous increase, Elder Law has become necessary and important.

Categories of Elder Law

  • Administration and Planning their Estate, which includes their tax concerns, payments and concessions.  This also includes wills, formation of trusts and to ensure that the maximum benefit accrues to the elder and their beneficiaries.  This also provides for managing and protection of the estate during their lifetime and power to take decisions due to medical contingencies.

  • To appoint a power of attorney of durable health for taking decisions in case of a disabling medical illness.

  • Medical care as in Medicaid, Medicare.  This also includes planning for long term health care, which includes assisted care at home or nursing home care.  Coordinating government and private resources to obtain the best care that their rights guarantee them.

  • Disability planning, long term care planning as well as long term insurance.

  • Guardianship, also termed as conservatorship for elders who are incapable of taking their own decisions.

  • Commitment concerns and fiduciary management

  • Safeguard against abuse, neglect, exploitation, nursing home abuse and frauds.

  • Social security benefits for the elderly and other benefits, pension plans and Supplemental Security Income for the aged all fall under the purview of the Elder Law

  • Advice, counseling and information of rights.

  • Legal help for Age-Discrimination in the workplace and problems of aging employees.

Elder Law protects and promotes the rights of the elderly, who in most cases cannot or are not in a position to avail their rights.   Elder Law assures the elderly a legal recourse to a dignified life in collaboration with social, federal, medical and other agencies.


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