What is Elder Law? This collection of guidelines helps people with their rights and finances as they grow older.
Defining the Laws
Elder Law is an accumulation of legally ordained rights and obligations that apply to those of a specified age and older, despite the fact that most of these laws do not particularly target those of that demographic. This does not denote that rights and laws that apply to the elderly did not exist prior to the practice of Elder Law, but rather than a branch of law that specifically acknowledged the elderly did not exist until it was deemed pertinent. Most studies indicate that it was distinguished due the rising life expectancy of Americans, resulting in a steadily increasing number of senior citizens. Thus, once legislation began to consider the elderly in the 1960s, a legal expertise in Elder Law naturally culminated as the American senior population grew.
Despite the continued development of Elder Law, definitions that govern its specifications remain vague. For example, there is no distinct definition of “elder” in elder law – whereas the Age Discrimination in Employment Act of 1967 applies to those 40 and older, the American Association of Retired Persons targets those 50 and older, and one cannot expect to benefit from Social Security until his or her 62nd birthday. Thus, it is generally accepted in Elder Law that the specific age range to which each law applies is relative to the law itself rather than a generalized determinant for “elderly.”
How Elder Law Links to You
Although Elder Law encompasses all law that could be applied to the elderly (to include laws that apply to others as well), there are a series of federal legislations that are specific to American seniors. These include:
- The Age Discrimination Employment Act of 1967
- The Employee Retirement Income Security Act of 1974
- The Social Security Act of 1935
- The Social Security Act of 1965
- The Insurance Portability and Accountability Act of 1996
There are also a number of federal agencies that apply to Elder law, such as:
- Access America for Seniors
- The Administration on Aging
- The Health Care Financing Administration
- The Pension and Welfare Benefits Administration
- The Alzheimer’s Association
- The National Academy of Elder Law Attorneys
- The National Center on Elder Abuse
- The National Citizen’s Coalition for Nursing Home Reform
- The National Council on Aging
- The National Health Law Program
- The National Senior Citizen’s Law Center
Laws that apply specifically to Elder Law as well as the general laws that are associated with it vary by state and local legislation. Taking the time to find Elder Law resources can be helpful as you learn.
