This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.

Written by nationally-known elder law practitioners, Robert B. Fleming and Lisa Nachmias Davis, the Elder Law Answer Book gathers the most current legal, regulatory, and practice guidelines from the core topics of elder law, long-term care, estate planning, retirement planning, healthcare decision making, and rights of the elderly -- and presents this information in a thoroughly integrated, easy-access reference. The all-new Third Edition of Elder Law Answer Book helps you render sound advice and give reliable guidance on: Medicaid and Long-Term Care Planning Estate Planning Probate and Trust Administration Special Needs Trusts Medicare And More! Only Elder Law Answer Book delivers and‘How-toand’ explanations of the guiding rule or regulation, along with current citations to the relevant cases and statutesand—including the Deficit Reduction Act Expert legal analysis of the special rules and how they typically apply Detailed information about each of the disparate, but frequently related, aspects of elder law practiceand—age discrimination, nursing home rights, Medicaid and other public benefits programs, as well as traditional estate planning and administration Real-world practice examples that help you implement the applicable rules or guidelines in a wide variety of situations Extensive cross-references to related topicsand—for fast and easy research Index and at-a-glance list of questions that help you zero in on the exact information you are looking for

Family caregiving affects millions of Americans every day, in all walks of life. At least 17.7 million individuals in the United States are caregivers of an older adult with a health or functional limitation. The nation's family caregivers provide the lion's share of long-term care for our older adult population. They are also central to older adults' access to and receipt of health care and community-based social services. Yet the need to recognize and support caregivers is among the least appreciated challenges facing the aging U.S. population. Families Caring for an Aging America examines the prevalence and nature of family caregiving of older adults and the available evidence on the effectiveness of programs, supports, and other interventions designed to support family caregivers. This report also assesses and recommends policies to address the needs of family caregivers and to minimize the barriers that they encounter in trying to meet the needs of older adults.

Since the late 1970s when Congressman Claude Pepper held widely publicized hearings on the mistreatment of the elderly, policy makers and practitioners have sought ways to protect older Americans from physical, psychological, and financial abuse. Yet, during the last 20 years fewer than 50 articles have addressed the shameful problem that abusersâ€"and sometimes the abused themselvesâ€"want to conceal. Elder Mistreatment in an Aging America takes a giant step toward broadening our understanding of the mistreatment of the elderly and recommends specific research and funding strategies that can be used to deepen it. The book includes a discussion of the conceptual, methodological, and logistical issues needed to create a solid research base as well as the ethical concerns that must be considered when working with older subjects. It also looks at problems in determination of a report's reliability and the role of physicians, EMTs, and others who are among the first to recognize situations of mistreatment. Elder Mistreatment in an Aging America will be of interest to anyone concerned about the elderly and ways to intervene when abuse is suspected, including family members, caregivers, and advocates for the elderly. It will also be of interest to researchers, research sponsors, and policy makers who need to know how to advance our knowledge of this problem.