The term itself is self-evident… let’s go through it quickly.
[E]lder Law is a legal term coined to cover an area of legal practice that places an emphasis on those issues that affect the growing aging population. There are three major categories that make up elder law: Estate planning and administration, Medicaid, disability and other long-term care issues as well as Guardianship. All of which are areas of expertise here at Fawcett & Fawcett.
Elder Law is a specialized legal area comprised of the laws, statutes, regulations and decisions that deal with the needs and issues specific to Senior Citizens. Federal law defines a senior citizen as a person who is 60 years of age and older. Some states follow this guideline and others use the age of 65. This specialized field is relatively new, having gained popularity in the early 2000’s. As people’s age expectancy has increased, Elder Law has grown in importance.
This field encompasses estate planning (wills, trusts, probate and advance medical directives); disability planning; long-term care insurance; long-term care planning; social security and retirement benefits; Medicaid, Medicare and other healthcare; nursing home issues; age discrimination; guardianship, conservatorship and commitment matters; and various other issues related to the elderly population.
Elder law also covers some aspects of criminal law, including protection against elder abuse; financial abuse of elders; nursing home abuse and neglect; fraud, exploitation and other consumer protection issues. All 50 U.S. states have created legislation that addresses elder abuse and neglect, although the laws vary from state to state.
Please consider this only a brief overview of what has become one of the most rapidly growing fields of law here in the U.S. There are many intricacies involved in its practice and as I’ve said before the laws vary from state to state. Feel free to give us a call here if you have any further questions, we’d be happy to help clarify any issues you may be facing.