Elder Law Overview
Elder Law Resources
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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 The Older Americans Act (OAA), originally enacted in 1965 by President Lyndon B. Johnson, is the most significant elder legislation in the United States.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.
Show Extended SummaryLegislation 
- 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)
Government 
- 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]
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(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]
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(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]
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(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]
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(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]
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(August 12, 2007)
Articles 
- Health Expenditures, Longevity and Growth
Brigitte Dormont , Joaquim Oliveira Martins , Florian Pelgrin and Marc Suhrcke Université Paris Dauphine , Organization for Economic Co-Operation and Development (OECD) - Economics Department (ECO) , HEC Lausanne and World Health Organization - European Office for Investment & Development Date Posted: May 8, 2008 Last Revised: May 20, 2008
(May 19, 2008) - Farming Exit Decision by Age Group: Analysis of Tobacco Buyout Impact in Kentucky
Helen N. Pushkarskaya and Dmitry V. Vedenov University of Kentucky - Department of Agricultural Economics and Texas A&M University - Department of Agricultural Economics Date Posted: May 19, 2008 Last Revised: May 19, 2008
(May 18, 2008) - A New Look at the Wealth Adequacy of Older U.S. Households
Board of Governors of the Federal Reserve System Research Paper Series - FEDS Papers Paul A. Smith , David A. Love and Lucy C. McNair Federal Reserve Board of Governors , Williams College - Department of Economics and Board of Governors of the Federal Reserve System Date Posted: April 7, 2008 Last Revised: May 15, 2008
(May 14, 2008) - The Ethics of Tax Evasion: An Empirical Study of New Zealand Opinion
Working Paper Robert W. McGee and Ranjana Gupta Florida International University - School of Accounting and Auckland University of Technology Date Posted: May 9, 2008 Last Revised: May 11, 2008
(May 10, 2008) - Cheating on Taxes: A Comparative Study of Tax Evasion Ethics of 15 Transition Economies and 2 ...
Robert W. McGee Florida International University - School of Accounting Date Posted: May 9, 2008 Last Revised: May 9, 2008
(May 8, 2008)
News 
- Gainesville man, charged with elder abuse, dies
Access North Georgia, GA - 13 hours ago
Smallwood and his girlfriend, Brenda Jean Ivey, were arrested April 7 on elder abuse charges following the death of Smallwood's mother, Gladys Smallwood, ...
(May 18, 2008)
California Chronicle
Governor Signs Benoit Elder Abuse Legislation
California Chronicle, CA - May 17, 2008
SACRAMENTO – Assemblyman John J. Benoit (R-Bermuda Dunes) announced that Governor Schwarzenegger has signed into law the Assemblyman´s measure to authorize ...
Benoit Bill Protecting Elder Abuse Victims Signed into Law KESQ
Governor signs Benoit elder abuse bill The Desert Sun
all 4 news articles
(May 16, 2008)- Elder Law: Latest word from the IRS of interest to most seniors
The News-Press, FL - May 17, 2008
Last week, I wrote about giving back early Social Security benefits in exchange for larger benefits at regular retirement age, the two-year period for the ...
(May 16, 2008) - Elder abuse seminar set for March 30
Northern Daily News, Canada - May 16, 2008
Temiskaming Elder Abuse Task Force is putting on a seminar at Northern College on May 30. The date for the seminar mentioned in a story in Wednesday's paper ...
(May 15, 2008) - Legal : Elder Law Attorney Announces On-Line Alzheimer's Legal ...
Prudent Press Agency (press release), Netherlands - May 16, 2008
Austin, TX -- Brian T. Willie, an Elder Law Attorney, licensed in Texas and California, creates an on-line, Alzheimer's Legal Resource Center to provide ...
(May 15, 2008)
Blog Posts 
- Police investigating suspicious death of nursing home resident
Newport News Dailypress.com had an article about a suspicious death of a resident of a nursing home. There appears to be a link between his death and medicine he got the day before. A nurse who gave unauthorized medicine last week to a nursing home resident who later died has been fired. Police are considering whether the medication caused or contributed to the death of John P. Stratton, 76, of Newport News, who was staying at the James River Convalescent and Rehabilitation Center. Stratton was...
(May 18, 2008) - Neglect led to resident's amputation
Knoxville News had an article about a nursing home resident who lost a leg due to the nursing home's neglect. Neglect of a resident at Hillcrest-West nursing home led to the amputation of her leg last month, according to state reports quoting a doctor who consulted on the case. The state has censured Hillcrest nursing homes for providing substandard care three times in the past two years. Obviously the corporate managers ignored the problems and did nothing to correct them. Now, as in the past,...
(May 18, 2008) - Jury verdict of $300,000 for a fall causing death
The North Country Gazette had an article about a recent jury verdict involving a nursing home's negligence. A Washington jury ordered Washington County to pay $300,000 to the family of a woman who died as the result of a fall at the county-owned Pleasant Valley Adult Home in Argyle. Former Fort Edward resident Esther Nolan, 75, died at the adult home in March 2003 following a fall from a toilet. The woman's death was caused by inadequate staffing and the improper installation of the toilet...
(May 18, 2008) - GAO Report Finds Faults with Current Nursing Home Compliance System, Recommends Changes
The GAO has released a study on the results of federal monitoring surveys of state inspections in nursing homes. The federal government often contracts with state employees to perform annual compliance surveys which are a prerequisite to Medicare and Medicaid funding. The GAO's report unfortunately contains some very troubling reports of nursing home abuse and neglect. The study found that a substantial proportion of state inspectors and surveys miss deficiencies in nursing homes regularly,...
(May 18, 2008) - Nursing home pays fine for allowing sexual predator in facility
Pantagraph.com had an article about a Bloomington nursing home paying a reduced $14,500 fine for failing to protect residents from a sex offender who was a patient at the facility. This is outrageous and shows why lawsuits are necessary to insure that nursing homes are held accountable for their negligence and gross stupidity. Asta Care, 1509 N. Calhoun St., failed to screen a male resident who made inappropriate sexual advances to staff and two mentally disabled residents. The acts were noted...
(May 18, 2008)