Elder Law
This Elder Law Library Guide seeks to assist patrons at NSU Shepard Broad College of Law as a starting point for initial research in elder law.
Elder Law Library Guide
This Elder Law Library Guide seeks to help NSU patrons by offering links to selected elder law resources for these topics: (1) guardianship; (2) alternatives to guardianship; (3) age discrimination; (4) elder abuse and neglect; (5) professional responsibility; (6) conflicts of interest; (7) confidentiality; (8) competence; and the (9) Disability Inclusion and Advocacy Law (DIAL) Clinic.
General Information about Elder Law
Introduction
"Elder law practice concentrates on plans designed to meet the lifetime needs of the aged, the disabled, their caregivers, and their families. Once those lifetime needs are met, the Elder Law practitioner also creates an estate plan for post-mortem disposition of assets...Elder law is an umbrella covering various legal specializations that address needs of particular import to the aged and disabled." JEROME IRA SOLKOFF & SCOTT M. SOLKOFF, FLORIDA ELDER LAW §1:1 (2020-2021 ed.)
In connection with elder law, below please find a list of government websites that may serve as helpful resources.
Administration for Community Living
Centers for Medicare and Medicaid Services
Florida Courts
Eldercare Locator
Internal Revenue Service: Tax Information for Seniors and Retirees
Long Term Care Information
Medicare
National Center on Elder Abuse
Nursing Home Information
Social Security Administration
United States Government Benefits
United States Senate Special Committee on Aging
Topics within Elder Law
Although this is not an exhaustive of every topic under the sun within elder law, below please find an initial list of topics.
- Advanced Directives;
- Age Discrimination;
- Alternatives to Guardianship;
- Conservatorship;
- Disabilities;
- Elder Abuse and Neglect;
- Estate Planning;
- Financial Administration;
- Guardianship;
- Health Care;
- Living Will;
- Medicare;
- Nursing Homes;
- Pension;
- Power of Attorney;
- Probate;
- Social Security;
- Special Needs Planning;
- Tax;
- Trust;
- Veterans' Benefits;
- Will.
Selected Electronic Secondary Sources on LexisNexis and Westlaw
- Advising the Elderly Client on Westlaw;
- Elder Law Advisor on Westlaw;
- Elder Law: Advocacy for the Aging on Westlaw;
- Elder Law and Financial Strategies: Planning for Later Life on LexisNexis;
- Estate Planning for the Aging or Incapacitated Client on LexisNexis;
- Estate Planning in Florida (Practice Series) on Westlaw;
- Florida Elder Law (Practice Series) on Westlaw;
- Florida Guardianship Law and Procedure on Westlaw;
- Koren: Estate, Tax, and Personal Financial Planning on Westlaw;
- Planning for the Elderly in Florida on LexisNexis.
Selected Electronic Resources on LexisNexis Digital Library
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Basic Estate Planning In Florida, 12th ed.
by
This popular manual covers all facets of basic estate planning. Tax and accounting issues, ethical issues, and problems related to specific forms of ownership and special classes of persons are examined. Homestead considerations and handling of assets acquired in community property jurisdictions are also featured.
Call Number: OnlineISBN: 9781663394866Publication Date: December 10, 2024 -
Ethics in the Practice of Elder Law, 1st ed.
by
In an elder law practice, ethical issues can occur at any point in the representation, and in some cases these unexpected situations can take the attorney by surprise. Ethics in the Practice of Elder Law provides an informed overview of the most common issues that can occur, explains the issues that can arise and how to be alert for them, and suggest ways to work through these issues effectively and ethically. Authors Roberta K. Flowers and Rebecca C. Morgan offer a range of hypothetical situations, along with a series opening questions for each, followed by a discussion/suggestions for analyzing and responding to the issue. These discussions offer a reliable framework for analyzing the ethical questions within the scope of the Model Rules and ancillary resources. The authors give readers the knowledge to determine which questions to ask in the representation. They refer to and discuss the 9 "C s" of elder law ethics: • Competency: where to find guidance • Client: who is the client • Confidentiality: keeping confidences • Conflicts of interest: who can the elder law attorney represent • Capacity: representing clients who have diminished capacity • Control: representing guardians • Complex fiduciary representation • Consulting: litigation issues in an elder law practice • Competition: ancillary practices and marketing Ethics in the Practice of Elder Law provides invaluable information as appendices, including the National Academy of Elder Law (NAELA) Aspirational Standards, relevant ABA ethics opinions, and a range of supplemental resources, checklists, and letters.
Call Number: OnlineISBN: 9781614386858Publication Date: July 9, 2014 -
Florida Guardianship Practice, 13th ed.
by
Florida Guardianship Practice offers a concise, complete guide to this dynamic and complex area of law, from pre-guardianship planning through termination. In addition to exploring guardianship alternatives, stressing medical and legal issues, it analyzes all facets of practice under F.S. Chapter 744.
This edition has been updated to reflect rule and statutory changes, as well as current case law.
Call Number: OnlineISBN: 9798341712010Publication Date: June 12, 2025
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The Law of Later-Life Healthcare and Decision Making, 2nd ed.
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More than ever, Americans and their attorneys are concerned about their healthcare and the consequences of healthcare decision making for individuals of diminished capacity. In particular, older individuals need counseling and guidance about healthcare decisions that arise at the end of life. The Law of Later-Life Healthcare and Decision Making (Second Edition) provides a comprehensive description of the manner in which the law regulates and reacts to healthcare and personal decision making for the elderly. Readers of this book will find answers to their questions about healthcare decision making. And for those difficult questions that have no answers, this book will outline the legal issues and the doctrines that are at play. The goal of the book is to help the reader understand the complex law that governs healthcare decision making.
There have been significant case law developments and innumerable statutory changes since the original edition was issued over a decade ago. Accordingly, throughout this Second Edition, case law and statutory descriptions have been updated. All chapters have been revised and expanded, including discussions on:
Paying for Healthcare
Long-Term Care Housing Options
Paying for Long-Term Care
Mental Incapacity Legal Implications: Guardianship, Conservatorship, and Powers of Attorney
End of Life Decision Making
Whether you need an explanation of the intricacies of Medicare and Medicaid, alternatives to guardianship, or healthcare decision making for an incapacitated person, The Law of Later-Life Healthcare and Decision Making (Second Edition) offers perspective and guidance in making difficult decisions.
Author Lawrence A. Frolik is a national expert on the legal issues of older Americans. One of the founders of the practice of Elder Law, he has authored numerous books and scholarly articles on elder law issues. He has lectured frequently nationally and internationally on elder law and, in particular, on the health and medical care issues of the elderly. Professor Frolik is the John E. Murray Faculty Scholar at the University of Pittsburgh School of Law, an academic fellow of the American College of Trust and Estate Counsel, a member of the Special Needs Alliance, and a member of the Certified Advanced Practitioners of the National Academy of Elder Law Attorneys. In 1995, he was appointed as a Congressional Delegate to the White House Conference on Aging. He currently serves as a Pennsylvania Supreme Court-appointed member of the Pennsylvania Council on Elder Justice in the Courts. Professor Frolik received his BA from the University of Nebraska-Lincoln and his JD, LLM from Harvard Law School.
Call Number: OnlineISBN: 9781634259958Publication Date: March 9, 2018 -
Mastering Elder Law, 3rd ed.
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Mastering Elder Law explores concerns that commonly arise when representing the elderly client. The book focuses on public benefits, retirement systems, age discrimination, wealth transfers and simple estate planning through use of probate and non-probate assets, medical decision making (including "the right to die"), guardianships and conservatorships, supported decision making, durable powers of attorney, long-term care, housing, various forms of elder abuse, and the many ethical concerns that can appear when representing elders or their fiduciaries. The book also explores overarching themes such as the tension that results when the state simultaneously attempts to protect its vulnerable citizens and promote their autonomy.
Examples are included throughout, as well as a straightforward description of complex topics such as Social Security, Medicare, and Medicaid.
The third edition examines recent developments in case law, administrative rules and regulations, and federal and state statutes affecting the elderly. Among the new topics discussed are the Uniform Health-Care Decisions Act of 2023; the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act of 2017; Social Security changes for married couples and certain unmarried couples; SSI in-kind support and maintenance calculation changes; retirement fund developments under the SECURE 2.0 Act of 2022; changes in Medicare and Medicaid coverage; ethical considerations discussed in The ACTEC Commentaries on the Model Rules of Professional Conduct (2023); and important decisions by the United States Supreme Court.
Call Number: OnlineISBN: 9781531032098Publication Date: June 25, 2025
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Undue Influence and Vulnerable Adults
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Age-related issues, including diminished capacity, can be a significant indicator of the potential vulnerability of a client to undue influence, and also an indicator that our population as a whole is aging. Elder abuse has been called ""the crime of the 21st century."" Undue influence is a form of financial abuse of the elderly, with the large number of reported cases and estimated $1.17 billion in damages just the tip of the iceberg.
Looking at the topic from a legal perspective, Undue Influence and Vulnerable Adults addresses both the role and the importance of the attorney when representing a vulnerable adult. The book's authors, who each command extensive experience in the area, explain the relevant considerations and provide strategies when litigation is required. Their practical and legal advice on issues will assist planners identify issues and then create effective plans for vulnerable adults that may better withstand attack.
Undue Influence and Vulnerable Adults also helps readers understand the options and potential consequences of proactive waivers and permissions for release of information as well as the potential importance of being able to initiate contact with family or other trusted advisors when concerns about capacity and/or undue influence subsequently arise. In addition, the authors provide strategies from a litigation perspective on handling efforts to invalidate as well as defend instruments claimed to be the result of undue influence.
Call Number: OnlineISBN: 9781641056175Publication Date: April 10, 2020 -
Veterans Benefits Manual
by
2024-2025 Edition Editors:
Barton F. Stichman, Special Counsel to and co-founder of the National Veterans Legal Services Program
Ronald B. Abrams, Special Counsel to and Former Joint Executive Director of the National Veterans Legal Services Program
Richard V. Spataro, Director of Training and Publications of the National Veterans Legal Services Program
Stacy A. Tromble, Director of Court of Appeals for Veterans Claims Litigation of the National Veterans Legal Services Program
Rochelle Bobroff, Director of Pro Bono at the National Veterans Legal Services Program, supervising the Lawyers Serving Warriors® program
Louis J. George, Special Counsel to NVLSP, focusing on matters at the U.S. Court of Appeals for Veterans Claims and Training; and NVLSP VSO liaison
Christine Cote Hill, Special Counsel to NVLSP, representing veterans, dependents, and survivors before the Department of Veterans Affairs, the Board of Veterans' Appeals, the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Appeals for the Federal Circuit, and other federal courts.
The 2024-2025 edition of the Veterans Benefits Manual has been thoroughly updated with the important developments in veterans law over the past year and new advocacy advice related to those developments. The most significant new information and advocacy advice includes:
An updated section explaining the circumstances under which a veteran can force the Board of Veterans' Appeals and the CAVC to review determinations made by Veterans Health Administration personnel (Section 10.4);
News about the currently pending Supreme Court case that could lead the CAVC to reverse more Board of Veterans' Appeals decisions denying benefits (Sections 5.1.4.2 and 15.3.3.1);
An overview of the recent changes to the VA's Rating Schedule for Digestive System Disabilities (Sections 5.1.5.3, 5.1.5.8, 5.7.1.2), including the criteria for evaluating hepatitis (Section 5.2.5);
Discussion of the 2024 Supreme Court decision that expands a veteran's entitlement to post-9/11 GI Bill educational benefits (Section 11.1.3);
An overview of the 2024 changes to the VA's character of discharge rules, which govern whether a veteran issued a discharge under other than honorable conditions qualifies for VA benefits (Section 2.2.3);
Review of the special procedures and guidance issued by the VA for evaluating claims based on traumatic brain injury (TBI) (Section 3.7.3);
A new section (5.2.13) containing guidance and advocacy tips on the proper VA disability rating for Parkinson's disease; and
Advocacy tips on choosing between the Discharge Review Board (DRB) and the Board for Correction of Military Records (BCMR) when a veteran could apply to either board. (Section 21.2.3).
Call Number: OnlineISBN: 9781663392480Publication Date: December 10, 2024
Selected Electronic Resources on West Academic Study Aids
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Elder Law in a Nutshell, 8th ed.
by
This edition incorporates all significant statutory changes since 2019, including the SECURE Act of December 2019, the Inflation Reduction Act of 2022, and the SECURE Act 2.0 of December 2022 regarding pension plan distributions, Medicare, and income taxation, as well as other areas.
Call Number: OnlineISBN: 9798887863368Publication Date: September 20, 2023 -
A Short and Happy Guide to Elder Law, 1st ed.
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If you’re getting older (or hope to), this quick and easy guide will alert you and your family to problems that lurk and how you can use the law and practical advice to avoid them. Topics include: estate planning, healthcare powers, Medicare, reverse mortgages, grandparent rights, divorce, remarriage, disabilities, homes safety, driving, caring for others, dealing with doctors, hospice, death in the family...
Call Number: OnlineISBN: 9780314283818Publication Date: February 26, 2013 -
Uniform Probate Code and Uniform Trust Code in a Nutshell, 7th ed.
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Authoritative coverage provides detailed explanation of the provisions, definitions, and concepts of the UPC and the UTC. UPC topics covered include, e.g., probate jurisdiction of the courts; intestate succession; wills and donative transfers; probate of wills; and administration of estates. UTC topics include, e.g., creation, validity, modification, and termination of trusts; discretionary and revocable trusts; creditor's claims and spendthrift trusts; duties, powers and liability of trustees; and rights of persons dealing with trustees.
Call Number: OnlineISBN: 9781647085797Publication Date: Marcy 17, 2021 -
Wills and Trusts in a Nutshell, 6th
by
The sixth edition of this book updates laws affecting intestate succession, wills, guardianships, and trusts. It introduces wills and trust terminology to the lay audience and summarizes the law included in the Uniform Probate Code, Uniform Trust Code, Uniform Principal and Income Act, Uniform Guardianship and Protective Proceedings Act, Uniform Prudent Investor Act, and the Restatement of Trusts. To illustrate legal issues this book utilizes problems arising from celebrity peccadilloes and well-known deaths, such as those of Abraham Lincoln, Elvis Presley, Michael Jackson, Prince, and the mother/daughter team of Debbie Reynolds and Carrie Fisher. The book can be adopted to supplement a traditional wills and trusts class or as the sole text for a seminar. With clarified language, the book is also accessible to the general public interested in learning more about this complex topic.
Call Number: OnlineISBN: 9781685611897Publication Date: October 20, 2022
Selected Law Review Articles on HeinOnline
Selected Print Secondary Sources
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Basic Estate Planning in Florida, 11th ed.
by
Manual designed to aid in the practice of estate planning in Florida.
Call Number: KFF 140.A7.B3 2022ISBN: 9781663346346Publication Date: 2022
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Elder Law for Paralegals
by
The practice of elder law -- Advance directives -- Guardianship/conservatorship -- Social security -- Medical matters -- Medicare -- Medicaid -- Estate planning -- Housing -- Abuse, neglect, and financial exploitation -- Financial matters -- End-of-life -- Family matters -- Discrimination -- Veterans.
Call Number: KF390.A4 V54 2011ISBN: 9780735508675Publication Date: March 7, 2011 -
Ethics in the Practice of Elder Law
by
Where to go for guidance -- Who is the client? -- Who can I talk to? -- Who can I represent? -- Representing clients who may have diminished capactiy -- Who can I represent : ethical issues in a guardianship practice -- Whom do I represent in complex fiduciary representation? -- To litigate or not to litigate : that is the question -- Ancillary services and marketing.
Call Number: KF390.A4 F59 2013ISBN: 798923935Publication Date: 2013
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Florida Elder Law, 2007 ed.
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A practice guide for Florida Elder Law.
Call Number: KFF91.A3 S66ISBN: 9781531016142Publication Date: 2007
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Florida Law of Trusts, 2022-2023 ed.
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Practice series about Florida law of trusts.
Call Number: KFF 137.F56 2022ISBN: 9781539293941Publication Date: May 2022
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Florida Wills (For Modest Estates), Powers of Attorney, and Health Care Advance Directives
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A continuing legal education series on Florida Wills, Power of Attorney, and Health Care Advance Directives.
Call Number: KFF144.Z9 F515 2007ISBN: 9781422441305Publication Date: January 1, 2007
Selected Federal Statutes related to Elder Law
- Age Discrimination in Employment Act;
- Age Discrimination in Federally Assisted Programs;
- Americans with Disabilities Act of 1990;
- Employee Retirement Income Security Act;
- Medicaid - Grants to States for Medical Assistance Programs;
- Medicare - Health Insurance for Aged and Disabled;
- National Housing;
- Programs for Older Americans;
- Social Security;
- Taxation of Estates, Trusts, Beneficiaries, and Decedents.
Code of Federal Regulations
Selected Florida Statutes Related to Elder Law
- Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults;
- Adult Protective Services;
- Aging and Adult Services;
- Alzheimer’s Disease, Memory Disorder Clinics, and Day Care and Respite Care Programs;
- Assault, Battery, and Culpable Negligence on an Elderly Person;
- Driver Licenses;
- Elder Affairs;
- Estates and Trusts;
- Guardianship;
- Health Care Advanced Directives;
- Home Care for the Elderly;
- Housing and Living Arrangements;
- Mandatory Reporting of Abuses, Neglect, or Exploitation of Vulnerable Adults;
- Medicaid - Social and Economic Assistance;
- Nursing Homes and Related Health Care Facilities;
- Probate Code;
- Trade, Commerce, Investments, and Solicitations Involving Senior Citizen.
Selected Electronic Secondary Sources on LexisNexis and Westlaw
- Age Discrimination in Employment on Westlaw;
- Larson on Employment Discrimination on LexisNexis;
- Litigating Age Discrimination Cases on Westlaw.
- Forms from Florida Estates Practice Guide on LexisNexis;
- Florida Guardianship Law & Procedure on Westlaw;
- Florida Guardianship Practice on LexisNexis;
- Florida Probate Code Manual on LexisNexis.
LexisNexis: Estate, Gift, and Trust Law
Westlaw: Florida
Additional Resources
Administration for Community Living
American Association of Retired Persons
- AARP.
American Bar Association
Elder Justice Coalition
- EJC.
Elder Law Guides
Findlaw
Florida Department of Elder Affairs
Justia
Law School Clinic Toolkit
Library Guides
National Academy of Elder Law Attorneys
National Council on Aging
- NCOA.
National Senior Citizens Law Center
United States Senate Special Committee on Aging