Introduction to Elder Law:
Elder Law
emerged as a specialty devoted to the legal needs of aging Americans. It evolved in response to several
distinct realities that have developed in our society. First, people are living longer due to medical advances,
better nutritional habits and overall improvements in our standard of living. Second, with increased age comes
increasing medical costs. Much of the medical care for older persons in this country has been governed by
Federal government programs such as Medicare and Medicaid. As these government programs have expanded to meet
the needs of the increasing numbers of older adults in this country, the bureaucratic rules and regulations to implement and
manage these medical benefits have become more complicated. Applying for government medical benefits can be
more complicated than filing your income tax return. Third, with increased age comes increased burdens
on the caregivers. Due to current life-style trends among families, the responsibilities of caring for older adults
are being shifted to institutions or other third party care providers. The use of such care providers gives rise
to legal questions related to the rights of the recipients of this care, the responsibilities of the care providers,
how these arrangements are to be monitored and how they are to be financed. Finally, older adults have accumulated
more wealth than ever before and they have become more vocal and active in planning how they wish to be cared for later in
life. It is in response to these, as well as other developments and changes in our society, that the area of Elder law
emerged.
An Elder Law attorney specializes in assisting families and individuals
as they confront these new developements.