How Elder Law Protects Our Seniors
How Elder Law Protects Our Seniors

Elder law is considered by many legal professionals as one of the areas of law that is fast gaining traction and need. This is mainly because the baby boomers are approaching their senior years (60 years and older) and their population is huge – approximately 80 million. Add to this the threat to entitlements like Social Security and health care.

Under elder law, there are three main areas:

  1. Estate planning
  2. Medical health, disability, and long-term care
  3. Guardianship, which includes fiduciary administration

Some of the top concerns under the elder law are neglect, abuse, retirement, taxes, discrimination, rights, and consumer protection.

In a 2011 Senate hearing on elder law, Kathy Greenlee of the U.S. Department of Health and Human Services reported that 1 in 10 elderly Americans are either abused or neglected, and the cases are steadily increasing.

The History of the Elder Act

It was not always known as the Elder Act. The Older Americans Act, or OAA, was signed into law in 1965 by President Lyndon Johnson. This was the same year Medicare was created. The OAA, which was put under the care and management of the Department of Health and Human Services, involved training, research, and implementation of the law for aging Americans.

By 1972, nutrition care was added to the OAA, and then it was amended once more to bring care to the disabled and sick whose families struggle with the stress of funding and health care needs. Many changes have been made to this act, with the most recent changes signed by President George W. Bush in 2007.

It was only in 2010 that a law was passed that included the Long Term Care Ombudsman Program, nursing home crime report system, and background checks for anyone applying to work with elderly patients.

Elder Law

There are lawyers who specialize in elder law. Aside from helping elderly clients in the legal sense, elder law attorneys are trained to be sensitive to the emotional and physical needs of their clients.

Some of the special services an elder law attorney can provide include the following:

  • Processing legal documents, such as wills, power of attorney, gift taxes, and guardianship
  • Ensuring the implementation of all legal documents
  • Assisting with processing of long-term care and assisted living documentation
  • Providing financial and legal representation on estate planning, tax returns, and other advance directives
  • Filing legal claims in cases of abuse

Protection for Seniors

Whether you are a senior citizen or you want to know more about protection for senior citizens, it is always important to understand that finding the right elder law lawyer is the first step in protection.

Since there is a growing need for legal assistance for those aged 60 and over, the lawyer should have the following criteria:

  • Experience
  • Specialization in and devotion to elder law
  • Reasonable fees

The overall objective of elder law is to allow those belonging to this group to live the rest of their lives with dignity, grace, and the gratefulness of a country that has benefitted from their years of work and contribution to society.


Other Posts

Driving Legal Excellence and Geographical Growth
With an impressive track record in real estate transactions, land use matters and civil litigation, as well as the ability to foster meaningful relationships, partnerships, and a hyper-focused attention on client services, David York has been a key driver of growth at Novins, York, Jacobus & Dooley. “My hope is to continue to build relationships […]
Personal Relationships
In the dynamic and complex world of law, the importance of personal relationships with clients can be detrimental to your practice. One of the key elements that sets Novins, York, Jacobus & Dooley (NYJD) apart is our commitment to building trust with our clients. Establishing a strong attorney-client relationship is essential for effective communication and […]
When Do You Decide Its Time For Civil Litigation
With over two decades of legal experience, York has become a true pillar in the field of litigation, offering his clients unparalleled legal counsel and representation. His areas of specialization include Real Estate, Land Use & Planning, Banking & Corporate, and the ever-thriving arena of Civil Litigation. Navigating the Legal Landscape Litigation is thriving, and […]


Ocean County

202 Main St.

Toms River, NJ 08754


Bergen County

50 Tice Blvd. Suite 340

Woodcliff Lake, NJ 07677


© Copyright 2024

Skip to content