Elder Law
Elder Law
Articles & Publications
- Confidential Relationships – The Unconscious Fiduciary (National Academy of Elder Law Attorneys newsletter – Fall 2008)
A confidential relationship is a fiduciary relationship and carries with it serious responsibilities and liabilities.
- Elder Justice Act legislation could help combat elder abuse and neglect (NAELA – June 2007)
A major bipartisan issue before Congress calls for safeguards against elder abuse, neglect and exploitation.
- Financial Abuse of the Dependent Elder: A Lawyer’s Ethical Obligations (American Bar Association – Family Law Quarterly, Vol. 50, No. 1 – Spring 2016)
lawyers need to develop an appreciation for the ways in which their services may be used by an elderly person’s family member or caregiver as a means of financial abuse.
- Guardianship and the Right to Visitation, Communication, and Interaction – Legislative Fact Sheet (ABA – Commission on Law and Aging)
The American Bar Association’s Commission on Law and Aging, with generous funding from the Borchard Foundation Center on Law and Aging, offers this Legislative Fact Sheet to help lawyers, bar associations, allied professionals, legislative staff, and advocates make policy recommendations, improve practice, and raise professional awareness.
- How to Help Your Kids When They Become Caregivers (5/31/16)
An article about the value of elder law attorneys. People often need help with determining the best course of action for caring for an older loved one.
- On Elder Care – and Elder Law (US News – 3/11/09)
Tips from the author of "20 Common Nursing Home Problems—and How to Resolve Them"
All too commonly, the choice of a nursing home is made under duress—when a prospective resident and his or her family are already in difficult times. U.S. News asked Eric Carlson, a Los Angeles attorney with the National Senior Citizens Law Center, a nonprofit law firm that defends the interests of seniors, what to look for in a care provider and how to fight back if there's a problem.
- A More Perfect Union: Eugenics in America – in NAELA Journal – Volume 15 – e-Issue – Spring 2019
Elder and special needs law attorneys, who represent the interests of clients vulnerable to eugenic rhetoric and policy, are in a unique position to identify and combat eugenic threats to people with disabilities. Understanding the history of the American eugenics movement and the evolution of its rhetoric may help elder and special needs law attorneys better serve their clients and advocate for these marginalized groups when they are targeted now and in the future. With that context in mind, here is the story.
- Planning for Future Protection (Michigan Senior Living)
Protect your financial assets by choosing an elder law attorney with care.
- Should Attorneys Have a Duty to Report Financial Abuse of the Elderly?
Exploitation of older persons is a growing problem in America. As a result, our legal and social systems are struggling to develop structures that will prevent, remedy and punish instances of abuse. From all indications, financial abuse is becoming increasingly common, and can be devastating to its victim.
- Using the New Elder Abuse Guide for Law Enforcement: A New Tool to Help in Elder Abuse Cases
The Elder Abuse Guide for Law Enforcement (EAGLE) is a resource and tools hub that may be used not only by law enforcement but by the public as well to educate themselves on the law and procedures related to elder abuse.
- What is Elder Law? (ssdrc.com)
As one ages, they may find themselves facing new issues. Estate planning, disability, healthcare, retirement, taxes, financial planning, abuse and discrimination issues may arise in the elder years. It is important to know your rights and seek counseling and advise when needed.
- What is Elder Mediation? (Valenti Law blog – 12/9/08)
Elder mediation is mediation of any conflict that involves elders, their family members or others in their lives.
More PEKD Advocacy pages about Elder Law issues:
