Elder law is an area of legal practice that specializes on issues that affect the senior population. Some say the purpose of elder law planning is to prepare the elderly person for financial freedom and autonomy through proper financial planning and long-term care options. [1] However, the purpose of elder law is not so narrow. Not everyone needs long-term care and not everyone is financially insecure. The purpose of elder law is to provide holistic legal advice that allows older persons and disabled individuals to preserve and protect their rights and values. Often these values are implemented by others, which is why thoughtful planning is necessary.
The three major categories that make up elder law are:
Other issues found under the umbrella of elder law include such areas as:
Elder law developed as a specialty because as lifespans increased there was an increased need for medical care, care giving, and financial management. [3]
The Older Americans Act (OAA), originally signed into law by President Lyndon B. Johnson on July 14, 1965 (the same year Medicare was created), created the Administration on Aging (AOA), a division within the Department of Health and Human Services. The OAA also authorized grants to States for community planning and services programs, funding for research, and demonstration and training projects in the field of aging.
In 1972 Amendments to the OAA added the national nutrition program for the elderly. The OAA of 2000 was amended on November 13, 2000, to include the National Family Caregiver Support Program, which was intended to help hundreds of thousands of family members who are struggling to care for their older loved ones who are ill or who have disabilities. This program provides grant funding for combined services between state and local agencies for such things as counseling, support groups, respite and other community-based services. These services are focused on the care of the frail and aging members of society. The program also provides services geared towards the family units of grandparents and other older relatives now in the stages of care-taking for related children eighteen years of age and under.
Elder law is an expansion of the traditional trust and estates practice. [1]
Careers that are developing around the area of Elder Law include:
Essentially any career field can create a benefit to the aging of modern society. [4]
In the United States, Medicaid is a government program that provides health insurance for adults and children with limited income and resources. The program is partially funded and primarily managed by state governments, which also have wide latitude in determining eligibility and benefits, but the federal government sets baseline standards for state Medicaid programs and provides a significant portion of their funding. States are not required to participate in the program, although all have since 1982.
Medicare is a federal health insurance program in the United States for people age 65 or older and younger people with disabilities, including those with end stage renal disease and amyotrophic lateral sclerosis. It was begun in 1965 under the Social Security Administration and is now administered by the Centers for Medicare and Medicaid Services (CMS).
Dual-eligible beneficiaries refers to those qualifying for both Medicare and Medicaid benefits. In the United States, approximately 9.2 million people are eligible for "dual" status. Dual-eligibles make up 14% of Medicaid enrollment, yet they are responsible for approximately 36% of Medicaid expenditures. Similarly, duals total 20% of Medicare enrollment, and spend 31% of Medicare dollars. Dual-eligibles are often in poorer health and require more care compared with other Medicare and Medicaid beneficiaries.
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward's housing or medical care or manage the ward's finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward.
Long-term care (LTC) is a variety of services which help meet both the medical and non-medical needs of people with a chronic illness or disability who cannot care for themselves for long periods. Long-term care is focused on individualized and coordinated services that promote independence, maximize patients' quality of life, and meet patients' needs over a period of time.
The Indiana Attorney General is the chief legal officer of the State of Indiana in the United States. Attorneys General are chosen by a statewide general election to serve for a four-year term. The forty-fourth and current Attorney General is Todd Rokita.
Bet Tzedek is an American nonprofit human and poverty rights organization based in Los Angeles, California.
Many retirement issues for lesbian, gay, bisexual, transgender, queer (LGBTQ) and intersex people are unique from their non-LGBTI counterparts and these populations often have to take extra steps addressing their employment, health, legal and housing concerns to ensure their needs are met. Throughout the United States, "2 million people age 50 and older identify as LGBT, and that number is expected to double by 2030", estimated in a study done by the Institute for Multigenerational Health at the University of Washington. In 1969, the Stonewall Riots marked the start of the modern gay rights movement and increasingly LGBTQ+ people have become more visible and accepted into mainstream cultures. LGBTQ+ elders and retirees are still considered a newer phenomenon creating challenges and opportunities as a range of aging issues are becoming more understood as those who live open lives redefine commonly held beliefs and as retirees newly come out of the closet.
In the United States, health insurance helps pay for medical expenses through privately purchased insurance, social insurance, or a social welfare program funded by the government. Synonyms for this usage include "health coverage", "health care coverage", and "health benefits". In a more technical sense, the term "health insurance" is used to describe any form of insurance providing protection against the costs of medical services. This usage includes both private insurance programs and social insurance programs such as Medicare, which pools resources and spreads the financial risk associated with major medical expenses across the entire population to protect everyone, as well as social welfare programs like Medicaid and the Children's Health Insurance Program, which both provide assistance to people who cannot afford health coverage.
The United States Social Security Administration's Ticket to Work and Self-Sufficiency Program is the centerpiece of the Ticket to Work and Work Incentives Improvement Act of 1999.
Healthcare reform in the United States has had a long history. Reforms have often been proposed but have rarely been accomplished. In 2010, landmark reform was passed through two federal statutes: the Patient Protection and Affordable Care Act (PPACA), signed March 23, 2010, and the Health Care and Education Reconciliation Act of 2010, which amended the PPACA and became law on March 30, 2010.
In the United States, the federal and state social programs including cash assistance, health insurance, food assistance, housing subsidies, energy and utilities subsidies, and education and childcare assistance. Similar benefits are sometimes provided by the private sector either through policy mandates or on a voluntary basis. Employer-sponsored health insurance is an example of this.
The Older Americans Act of 1965 was the first federal level initiative aimed at providing comprehensive services for older adults. It created the National Aging Network comprising the Administration on Aging on the federal level, State Units on Aging at the state level, and Area Agencies on Aging at the local level. The network provides funding—based primarily on the percentage of an area's population 60 and older—for nutrition and supportive home and community-based services, disease prevention/health promotion services, elder rights programs, the National Family Caregiver Support Program, and the Native American Caregiver Support Program.
The Oklahoma Health Care Authority (OKHCA) is an agency of the government of Oklahoma responsible for providing health insurance benefits for the state's SoonerCare members. The authority is the state-level counterpart to the federal Centers for Medicare and Medicaid Services.
The Pennsylvania Department of Aging is a cabinet-level agency charged with providing aid to Pennsylvania's approximately three million individuals age 60 and older. Although the bureau operates some services directly, such as the Pharmaceutical Contact for the Elderly (PACE) prescription drug program, it generally serves as a clearinghouse of funding and information for county-level Area Agencies on Aging. The department was formed under the governorship of Milton Shapp.
Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID), formerly known as Intermediate Care Facilities for Mental Retardation (ICF/MR), is an American Medicaid-funded institutional long-term support and service (LTSS) for people with intellectual disabilities or related conditions. Section 1905(d) of the Social Security Act enacted benefits and made funding available for "institutions" for individuals with intellectual or related conditions. According to federal law 42 CFR § 440.150 the purpose of ICD/IIDs is to "furnish health or rehabilitative services to persons with Intellectual Disability or persons with related conditions."
Patient navigators are supportive staff within healthcare, welfare, and community-based health systems. The position may collaborate closely, or have overlapping roles, with community health workers, case managers, and patient advocates.
As of 2017, approximately 1.4 million Americans live in a nursing home, two-thirds of whom rely on Medicaid to pay for their care. Residential nursing facilities receive Medicaid federal funding and approvals through a state health department. These facilities may be overseen by various types of state agency.
Texas Legal Services Center (TLSC) is a nonprofit law firm that provides legal aid with free representation and assistance to Texans who qualify for their services based on income or other criteria. It also provides legal services to Texas residents who may not qualify for services from Texas Rio Grande Legal Aid, Lone Star Legal Aid, Legal Aid of Northwest Texas, or Disability Rights Texas. TLSC provides support services to each of those providers.
{{cite journal}}
: Cite journal requires |journal=
(help)