Elder Law Overview

Elder Law encompasses all legal issues related to aging. The Older Americans Act (OAA), originally enacted in 1965 by President Lyndon B. Johnson, is the most significant elder legislation in the United States. The earliest OAA was best known for creating the Administration on Aging, an agency that serves as the primary advocate for issues facing the elderly. Additionally, the OAA granted money to states for the development of research and programs in the field of aging. Later amendments to the OAA added funding for various services and programs benefiting senior citizens and their families. In 2006, the OAA was further amended to help older individuals avoid institutional care, improve state health and nutrition programs for seniors, and increase coordination of federal, state and local services for elders. Key issues in elder law include regulation of federal benefits, estate and financial planning, and elder abuse.

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Legislation AddThis Feed Button

  • Bill Introduced: H.R.3862 Preparing America's Seniors for the Digital Transition Act of 2007
    To improve public awareness in the United States among older individuals and their families and caregivers about the impending Digital Television Transition through the establishment of a Federal interagency taskforce between the Federal Communications Commission, the Administration on Aging, the National Telecommunications and Information Administration, and the outside advice of appropriate members of the aging network and industry groups.


    (October 14, 2007)
  • Bill Introduced: S.2125 Preparing America's Seniors for the Digital Television Transition of ...
    A bill to improve public awareness in the United States among older individuals and their families and caregivers about the impending Digital Television Transition through the establishment of a Federal interagency taskforce between the Federal Communications Commission, the Administration on Aging, the National Telecommunications and Information Administration, and the outside advice of appropriate members of the aging network and industry groups.


    (September 30, 2007)
  • Bill Introduced: H.R.3078 Patient Safety and Abuse Prevention Act of 2007
    To amend titles XVIII and XIX of the Social Security Act to require screening, including national criminal history background checks, of direct patient access employees of skilled nursing facilities, nursing facilities, and other long-term care facilities and providers, and to provide for nationwide expansion of the pilot program for national and State background checks on direct patient access employees of long-term care facilities or providers.


    (July 16, 2007)
  • Bill Introduced: S.1577 Patient Safety and Abuse Prevention Act of 2007
    A bill to amend titles XVIII and XIX of the Social Security Act to require screening, including national criminal history background checks, of direct patient access employees of skilled nursing facilities, nursing facilities, and other long-term care facilities and providers, and to provide for nationwide expansion of the pilot program for national and State background checks on direct patient access employees of long-term care facilities or providers.


    (June 5, 2007)
  • Bill Introduced: H.R.2105 Elder Abuse Prevention Act
    To prevent the abuse and exploitation of older individuals.


    (April 30, 2007)

Regulations AddThis Feed Button

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    • Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
      Aging Administration
      Notice
      Agency Information Collection Activities; Proposals, Submissions, and Approvals,
      14821 [E8-5514]
      DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Agency Information Collection Activities; Proposed Collection; Comment Request; Extension of Certification on Maintenance of Effort for the Title III and Certification of Long-Term Care Ombudsman Program Expenditures AGENCY: Administration on Aging, HHS. ACTION: Notice. SUMMARY: The Administration on Aging (AoA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under... [read document]
      View Document | Download PDF

      (March 17, 2008)
    • Notice - Statement of Organization, Functions, and Delegations of Authority
      Aging Administration
      Notice
      Statement of Organization, Functions, and Delegations of Authority,
      1347-1354 [E8-39]
      DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Statement of Organization, Functions, and Delegations of Authority This notice amends Part B of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (HHS), Administration on Aging (AoA), as follows: Part B, Administration on Aging (67 FR 36883-36890), as last amended, May 28, 2002. This reorganization of AoA will achieve several important objectives: It will... [read document]
      View Document | Download PDF

      (January 7, 2008)
    • Notice - Grants and cooperative agreements; availability, etc. ...
      Aging Administration
      Notice
      Grants and cooperative agreements; availability, etc.:
      Older Americans Act-
      Native American, Native Hawaiian, and Native American Caregiver Support Programs,
      60021-60022 [E7-20837]
      DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Notice of Availability Purpose of Notice: Availability of funding opportunity announcement. Funding Opportunity Title/Program Name: Older Americans Act (OAA), Title VI, Part A--Grants for Native Americans, Part B--Grants for Native Hawaiian Programs and Part C--Grants for the Native American Caregiver Support Program. Announcement Type: This is the initial announcement for this funding opportunity. Funding Opportunity Number:... [read document]
      View Document | Download PDF

      (October 22, 2007)
    • Notice - Agency information collection activities; proposals, submissions, and approvals
      Aging Administration
      Notice
      Agency information collection activities; proposals, submissions, and approvals,
      45818 [E7-15958]
      DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension of Supplemental Form to the Financial Status Report for all AoA Title III Grantees AGENCY: Administration on Aging, HHS. ACTION: Notice. SUMMARY: The Administration on Aging (AoA) is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget (OMB) for review and clearance... [read document]
      View Document | Download PDF

      (August 14, 2007)
    • Notice - Agency information collection activities; proposals, submissions, and approvals
      Aging Administration
      Notice
      Agency information collection activities; proposals, submissions, and approvals,
      45249 [E7-15820]
      DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Agency Information Collection Activities; Submission for OMB Review; Comment Request; Fourth National Study of Older Americans Act Recipients AGENCY: Administration on Aging, HHS. ACTION: Notice. SUMMARY: The Administration on Aging (AoA) is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork ReductionAct of... [read document]
      View Document | Download PDF

      (August 12, 2007)

    Articles AddThis Feed Button

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    Blog Posts AddThis Feed Button

    • Cremation Society Settlement

      (May 8, 2008)
    • Not elder law: Genenic code of world's oldest mammal revealed
      Scientists have deciphered the genetic blueprint of the duck-billed platypus, one of the oddest creatures on Earth. The animal comes from an early branch of the mammal family, and like mammals it is covered in fur and produces milk. However,...
      (May 7, 2008)
    • May is "Older Americans" Month!
      This is a friendly reminder that May is "Older Americans" Month and Senior Citizens Day falls on May 20th this year. Of course, we should celebrate the enormous contributions provided by our seniors on a daily basis, but let's try...
      (May 7, 2008)
    • Dying in the Civil War

      (May 7, 2008)
    • Elder Neglect: Dehydration in the Nursing Home
      Dehydration in the nursing home can lead to significant complications, including death. If the human body is deprived of necessary fluids, several symptoms may appear, including an increased heart rate, decreased sweating, decreased urination, extreme fatigue, headaches, cramps, and tingling of the limbs. The causes of dehydration are several. The most common is vomiting, diarrhea, malnutrition, or the simple failure to replenish the body with the liquids that are lost from sweating and...
      (May 7, 2008)