O'Brien's The Fundamentals of Elder Law: Cases and Materials, 2d

The second edition of this casebook continues to provide the fundamentals for a lively, contemporary course in elder law. It emphasizes illustrative factual cases and statutes, and is supported by materials from elder law practitioners and statistical data. It is distinctive in its emphasis upon state and federal court decisions, not simply a recitation of statutory provisions. Elder law is of burgeoning historical and social importance. Statistics indicate that by 2030, one-fifth of all Americans will be 65 or older, and each day 10,000 persons turn 65. Among the legal issues pertinent to an aging population are estate planning objectives in the context of possible incapacity, integrating nonprobate and probate transfers, asset protection planning, philanthropy and dynasty options, and beneficial tax planning. Statutory changes establish guidance for personal health care decision-making and designations of guardians and surrogates to exercise authority when needed. Clients and institutions require legal assistance to navigate federal benefits such as Medicare, Social Security, Veterans Benefits, and the interaction of state-federal Medicaid opportunities. Statistics also indicate that almost two-thirds of all individuals over age 65 will need some form of long-term care. The cost of this care can be as little as $1,000 a month for simple help around the house, but at least $15,000 to $20,000 a month is needed for continual care by health care professionals. This edition continues the discussion on ageism, the pandemic of elder abuse in all its forms, and discrimination in housing and employment.