This research Guide covers many of the issues surrounding how to research elder rights and how the law affects the elderly. This research guide is a selective overview of resources in the Law Library and is not comprehensive. Also see the Health Law research guide. To locate additional titles, search Baron.
Last Updated Apr. 15, 2015. AJB; Created Nov. 2013. VT.
For those unfamiliar with Elder Law, a secondary source is a good way to get started. Consider consulting a preeminent treatise such as:
- Elder Law, by Mike E. Jorgensen (2008).
- Advising the Elderly or Disabled Client: Legal, Health Care, Financial, and Estate Planning, 2nd Ed., by Lawrence A. Frolik & Melissa C. Brown, (2000-current). Westlaw.
- Elder Justice Act, Pub. L. 111–148 & 124 Stat. 782, (Mar. 23, 2010).
- Older Workers Benefit Protection Act, Pub. L. 101-433 & 104 Stat. 978, (Oct. 16, 1990).
- Nursing Home Reform Act (NHRA), Pub. L. 100-203 & 101 Stat. 1330, (Dec. 27, 1987).
- Employee Retirement Income Security Act of 1974, Pub. L. 93-406 & 88 Stat. 829, (Sept. 2, 1974).
- Age Discrimination in Employment Act of 1967, Pub. L. 90-202 & 81 Stat. 602, (Dec. 15, 1967).
- Older Americans Act of 1965, Pub. L. 89-73 & 79 Stat. 218, (July 14, 1965).
- Social Security Act (Old Age Pension Act of 1935), Pub. L. 74–271 & 49 Stat. 620, (Aug. 14, 1935).
See also, the Compendium of Statutory Authorities that Address the Prevention, Detection, or Treatment of Elder Abuse, Congressional Research Service, which cites to federal laws and statutes, (but does not link to them). For additional federal statutes on elder law, go to the United States Code Annotated (Core-A Collection & Westlaw) Popular Names Table (Core-A Collection & Westlaw) or the United States Code Service (Core-A Collection & Lexis) Popular Name Table (Core-A Collection & Lexis).
Both the C.F.R. and Federal Register are in hard copy in the library Reference Collection and on HeinOnline, Westlaw, Lexis Advance. Unofficial information on federal regulation can be obtained through several websites: FDsys, eCFR, federal regulation, and regulation.gov. Relevant sections of the Code of Federal Regulations include:
- Title 20, Chapter III, Part 404, Federal Old-Age, Survivors and Disability Insurance
- Title 20, Chapter III, Part 416, Supplemental Security Income for the Aged, Blind, and Disabled
- Title 24, Subtitle B, Chapter I, Subchapter A, Part 100, Subpart E, Housing for Older Persons
- Title 38, Pensions, Bonuses, and Veterans' Relief
- Title 42, Public Health
- Title 45, Public Welfare
- Nursing Homes and Related Health Care Facilities, Fl. Stat. §§ 400.0060-.995.
- Social and Economic Assistance, Medicaid, Fl. Stat. §§ 409.901-.9205.
- Social and Economic Assistance, Medicaid Managed Care, Fl. Stat. §§ 409.961-.985.
- Aging and Adult Services, Fl. Stat. §§ 410.031-.606.
- Adult Protective Services, Fl. Stat. §§ 415.101-.113.
- Elderly Affairs, Fl. Stat. §§ 430.01-.902.
- Estates & Trusts, Fl. Stat. §§ 731.005-739.701.
- Guardianship, Fl. Stat. §§ 744.101-.715.
- Health Care Advance Directives, Fl. Stat. §§ 765.101-.547.
- Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults, Fl. Stat. §§ 825.101-.106.
- Florida American Association of Retired Persons.
- My Florida Living Will.
- My Florida Healthcare Surrogate.
Florida State Agencies
- Florida Department of Elder Affairs. Gives information about the activities of the department in helping elders as well as links to their Rules, Forms, and Regulations.
- Florida Agency for Health Care Administration. Has information about medicaid.
- Nursing Home Information. Lists and rates nursing homes.
- Florida Alliance for Assistive Services and Technologies.
- Florida Bar Association Elder Law Section.
Practice & Current Awareness
- Bloomberg BNA Medicare Report
- Bloomberg BNA's Health Care Policy Report
- Bloomberg BNA's Pension & Benefits Daily
- Bloomberg BNA's Pension & Benefits Reporter
- Elder Law Journal. Westlaw, Lexis, HeinOnline, & Online.
- Elder Law Review. HeinOnline & Online.
- European Journal of Social Security. HeinOnline & Online.
- Journal of International Aging Law and Policy. HeinOnline & Online.
- Marquette Elder's Advisor. Westlaw, HeinOnline, & Online.
- Naela Journal. Westlaw & Online.
- Social Security Bulletin. HeinOnline & Online.
- Annual Statistical Supplement to the Social Security Bulletin. HeinOnline & Online.
- Administration on Aging of the U.S. Department of Health and Human Services. "AoA envisions ensuring the continuation of a vibrant aging services network at State, Territory, Local and Tribal levels through funding of lower-cost, non-medical services and supports that provide the means by which many more seniors can maintain their independence."
- Centers for Medicare and Medicaid Services (CMS) of the U.S. Department of Health and Human Services, provides a great deal of information for Medicare and Medicaid consumers and service providers. This information includes definitions and explanations of benefits and procedures, FAQs, hot topics, and news releases.
- Medicare.gov is the official site created by the U.S. Government for recipients of Medicare. Users may file claims, appeal denied claims, locate participating providers, and view their personal benefits at this site. In addition, publications explaining procedures and coverage is available from the site. An official secure site for accessing personal Medicare.
- National Center on Elder Abuse (NCEA), a division of the U.S. Administration on Aging (AoA).
- National Institute on Aging. One of the National Institutes of Health of the U.S. Department of Health and Human Services.
- Social Security Administration. Includes information on Medicare and Social Security benefits.
- U.S.A. Gov Senior Citizens Resources includes issues such as consumer protection, health care, tax issues, links to laws (not statutes), and regulations that pertain to seniors.
- United States General Accountability Office Reports on Elder Justice
- More Federal Coordination and Public Awareness Needed, GAO-13-498, July 10, 2013.
- Strengthening Efforts to Combat Financial Exploitation, GAO-13-140T, Nov. 15, 2012.
- Federal Government Has Taken Some Steps but Could Do More to Combat Elder Financial Exploitation, GAO-13-626T, May 16, 2013.
- National Strategy Needed to Effectively Combat Elder Financial Exploitation, GAO-13-110, Nov. 15, 2012.
- Stronger Federal Leadership Could Help Improve Response to Elder Abuse, GAO-11-384T, Mar. 2, 2011 (reissued Mar. 22, 2011).
- Survey of Adult Protective Services Administrators, GAO-11-129SP, Mar. 2011 (an E-Supplement to GAO-11-208).
- United States Senate Special Committee on Aging
- Center for Elders and the Courts (CEC) of the National Center for State Courts (NCSC). Gives information on aging issues, guardianship, elder abuse and links to applicable state statutes of all states, and links to other organizations that help the elderly.
- Elder Law Answers, Questions and Answers format regarding elder law, but by an underermined sponsor.
- American Association of Retired Persons (AARP) Nonprofit membership organization, the website contains AARP's public policies, answers to financial planning questions, guidance on health and wellness, tips for coping with difficult life transitions, as well as opportunities to contact government officials, and participate in discussion groups and online courses.
- AARP Research Center "uncovers compelling insights on the 50+ population through groundbreaking research. AARP Research informs thought leaders internally and externally with strategic insights about the needs, market conditions, and trends. . ."
- AARP Public Policy Institute "informs and stimulates public debate on the issues we face as we age. The Institute promotes development of sound, creative policies to address our common need for economic security, health care, and quality of life."
- American Bar Association Commission on Law & Aging "examines a wide range of legal issues affecting older persons. This work results in: Policy and practice research and development, Coordination and collaboration, Education (professional and public), & Technical assistance."
- Center for Medicare Advocacy "national nonprofit, nonpartisan law organization that provides education, advocacy and legal assistance to help older people and people with disabilities obtain fair access to Medicare and necessary health care."
- National Academy of Elder Law Attorneys (NAELA) "professional association of attorneys who are dedicated to improving the quality of legal services provided to seniors and people with special needs."
- National Association of States United for Aging and Disabilities (NASUAD) "design[s], improve[s], and sustain[s] state systems delivering home and community based services and support for people who are older or have a disability, and their caregivers."
- National Committee for the Prevention of Elder Abuse (NCPEA) "an association of researchers, practitioners, educators, and advocates dedicated to protecting the safety, security, and dignity of America's most vulnerable citizens."
- National Council on Aging (NCOA) " improve the lives of millions of older adults, especially those who are struggling. Through innovative community programs and services, online help, and advocacy, NCOA is partnering with nonprofit organizations, government, and business."
- Justice in Aging (formerly, National Senior Citizens Law Center (NSCLC)). Protects the rights of low income older adults.
- The Elder Justice Coalition "through national and grassroots advocacy, educational briefings, media outreach, research, and information dissemination seeks to: increase public awareness of the tragedy of elder abuse, neglect and exploitation at the local, state, and national levels; increase awareness, support, and funding for the Elder Justice Act in the Senate and House of Representatives as a comprehensive approach to addressing elder justice issues; monitor and appropriately influence other relevant legislation and regulations that pertain to the prevention of elder abuse, neglect and financial exploitation."
Select Books from the UM Law Library
- Advising the Elderly or Disabled Client: Legal, Health Care, Financial and Estate Planning, 2nd Ed., by Lawrence A. Frolik & Melissa C. Brown, (2000-current). Westlaw.
- Elder Law and the Deficit Reduction Act of 2005, 3rd. Ed., by Robert B. Fleming & Lisa N. Davis, (2010-current).
- Planning for the Elderly in Florida, by Rebecca C. Morgan, (2012-current). Lexis.
- Representing the Elderly Client: Law and Practice, 2 vol. looseleaf, by Thomas D. Begley, Jr. & Jo-Anne H. Jeffreys, (1999-current).
- Tax, Estate, & Financial Planning for the Elderly, by John J. Regan, (1985-current).
- Florida Elder Law, by Jerome I. Sokloff, West's Florida Practice Series (2015-2016). Westlaw.
- Florida Senior Legal Guide: Legal Health Care Estate Planning, 9th Ed., by Gregory G. Gay, (2015).
- Elder Law in a Nutshell, 6th Ed., by Lawrence A. Frolik & Richard L. Kaplan, (2014).
- At Liberty to Die: The Battle for Death with Dignity in America, by Howard Ball, (2012).
- Home Equity and Ageing Owners: Between Risk and Regulation, by Lorna F. O'Mahony, (2012).
- Social Security Law in the United States, by Timothy P. Glynn, (2012).
- Divorce in the Golden Years: Estate Planning, Spousal Support, & Retirement Issues for Clients at Midlife and Beyond, by Leslie Ann Shaner, American Bar Association (2010).
- Elder Law Answer Book, 3rd Ed., by Robert B. Fleming & Lisa N. Davis, (2010-current). [Subscription Canceled 2012].
- The Elderly: Legal and Ethical Issues in Healthcare Policy, by Martin L. Levine, (2009).
- Theories on Law and Ageing: The Jurisprudence of Elder Law, by Israel Doron ed., (2009).
- Understanding the Social Security Act: The Foundation of Social Welfare for America in the Twenty-First Century, by Andrew W. Dobelstein, (2009).
- You and Your Aging Parents: The American Bar Association Guide to Legal, Financial, and Health Care Issues, (2009).
- Elder Law, by Michael E. Jorgensen, (2008).
- Residence Options for Older and Disabled Clients, by Lawrence A. Frolik, American Bar Association (2008).
- American Bar Association Legal Guide for Americans Over 50, 2nd ed., by American Bar Association Commission on Law and Aging, (2006).
- Assessment of Older Adults with Diminished Capacity: A Handbook for New Lawyers, by ABA Commission on Law and Aging and the American Psychological Association, (2005).
- Consumer's Tool Kit for Health Care Advance Planning, 2nd Ed., by American Bar Association Commission on Law and Aging, (2005).
- Incapacitated and Alone: Health Care Decision-Making for the Unbefriended Elderly, by Naomi Karp & Erica Wood, ABA Commission on Law and Aging, (2003).
- Law and Older Persons: Is Geriatric Jurisprudence Therapeutic?, by Marshall B. Kapp, (2003).
For monographs and treatises on elder law, look on Baron, the Online Catalog, under the following subject headings and key words: Advance Directives (Medical Care), Aged (for Older Titles), ERISA (as a key word), Elder, Elderly, Estate Planning, Guardian and Ward, Medicare, Medicaid, Older People, Pension Trusts, Right to Die, Social Security, United States. Employment Retirement Income Security Act of 1974, United States. Social Security Act, & United States Social Security Administration.