Home > West's Encyclopedia of American Law > Elder Law

As of the early 2000s a relatively new specialty devoted to the legal issues of SENIOR CITIZENS, including estate planning, HEALTH CARE, planning for incapacity or mental incompetence, the receipt of benefits, and employment discrimination.

The genesis of elder law can be found in the convergence of several profound social developments. One phenomenon is a rapid increase in the elderly population. According to statistics from the 2000 U.S. census, more than 12 percent of the population in the United States was over the age of 65; and that percentage was expected to rise to 20 percent by the year 2050. Another phenomenon is that generally, older U.S. citizens in the early 2000s are wealthier and better educated than ever before. These two circumstances have led to a rise in the collective political clout of older U.S. citizens. This...