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ABA Family Legal Guide

The Rights of Older Americans

Why a chapter on the rights of older Americans? A generation ago, even a few years ago, such a chapter would have been unnecessary. Now both the law and society have changed. There's a wide array of laws directly addressing the legal needs of older people, and a growing recognition that the law is crucial to the social and health needs of older persons and their families.

The legal issues discussed in this chapter reflect three realities:

  • First, we are rapidly aging as a society. Far more people are living into their seventh, eight, ninth, and tenth decades of life than ever before. Thus, the problems and opportunities of aging affect more older people and more families of older people than at any time in history.
  • Second, the law permeates almost every aspect of our society, especially the programs, protections, and opportunities that benefit older people. This chapter provides a basic knowledge of the law that will help you navigate through such programs as Medicare, Medicaid, Social Security, and pension benefits.
  • Third, the personal and financial autonomy of older people is at greater risk than that of the remainder of the adult population, because of the increasing risk of physical and mental impairment. This chapter responds to this risk by offering a variety of planning strategies to preserve personal autonomy and financial security.
  1. Age Discrimination on the Job
    1. What to Do if You Are Discriminated Against
  2. Pensions
    1. Traditional Pension Plans
    2. (k) Plans and Simplified Employee Pension Plans
  3. Social Security and Supplemental Security Income
    1. Disability
    2. Claims, Decisions, and Appeals
    3. Supplemental Security Income
  4. Health and Long-Term Care Benefits
    1. Medicare
    2. Medicaid
    3. Medigap Insurance
    4. Paying for Long-Term Care
  5. Housing and Long-Term Care Options
    1. Home Equity Conversion
    2. Retirement Communities
  6. Nursing-Home Care
    1. Rights of People with Disabilities
  7. A Right to Control Your Own Affairs
    1. Durable Power of Attorney
    2. Living Trusts
    3. Joint Ownership
    4. Representative Payees
    5. Money Management Services
    6. Guardianship
    7. Health-Care Decision-Making Issues
    8. Abuse and Exploitation
  8. The Older Americans Act and Services
American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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