LibGuides: Elder Law Research Guide: Getting Started

Elder Law - Introduction

The legal issues of elderly individuals frequently cross several substantive areas of law. This guide presents the primary sources of law most often encountered in problems or disputes pertaining to the elderly, and secondary sources that can assist with foundational information and analysis. Sometimes, federal law controls in matters affecting the elderly, and often, mixed questions of state and federal law exist. Because of the multi-disciplinary and cross-jurisdictional nature of elder law, secondary sources can be especially valuable to help define relevant issues and suggest legal strategies.

Some health law sources related to elder law are included in this guide. Please consult the Loyola Law Library's Health Law Research Guide for more sources.

This research guide covers resources available to members of the Loyola community. Access to some of the electronic resources included in this guide is limited to users who have a valid Loyola ID and password; access to other resources is restricted to the law school community only.

Overview/Study Materials

Check the Books tab in this research guide for treatises and practitioner materials.

Elder Law in a Nutshell, 8th edition (2023) by Richard Kaplan
Call Number: West Academic Study Aids Subscription
ISBN: 9798887863368
Publication Date: 2023-09-20
A valid Loyola Law ID and password are required for access.
Elder Law: Cases and Materials, 5th Edition by Lawrence A. Frolik and Alison McChrystal Barnes
Call Number: KF 390 .A4 F753 2011
ISBN: 1422490386
Law Main Stacks

Structured as a coursebook, this well-indexed text also serves as a study aid or general treatise. Each chapter includes an overview and supplementary secondary materials that are woven through the case law and statutory presentations.
Chapters 1 & 2 are especially treatise-like in their discussion of definitions and specific attributes of the elderly and the practice of elder law.
Mastering Elder Law, 2nd edition by Ralph C. Brashier
Call Number: LexisNexis Digital Library
ISBN: 9781611638035
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, medical decision making (including "the right to die"), guardianships and conservatorships, durable powers of attorney, long-term care, housing, abuse, and ethical problems.
A valid LUC ID and password are required for access.
A Short and Happy Guide to Elder Law by Kenney Hegland; Robert Fleming
Call Number: West Academic Study Aids Subscription
ISBN: 9780314283818
This guide covers topics such as estate planning, healthcare powers, Medicare, reverse mortgages, grandparent rights, divorce, remarriage, disabilities, homes safety, driving, caring for others, dealing with doctors, hospice care, and death.
A valid LUC ID and password are required for access.

Federal Statutes

Many federal laws affect the rights and benefits of older persons -- the United States Tax Code, certain criminal laws, employment laws, health care and mental health legislation -- to name a few. Federal laws directly concerned with the elderly are listed here, with links to the official United States Code on www.govinfo.gov, or to unofficial sources which may be more current or easier to use.

Remember to update any statutory research, since amendments may have been enacted since the latest version of the source linked here.

Title 42, United States Code - The Public Health and Welfare
42 U.S.C. §301 - Ch. 7 Social Security Act
42 U.S.C. § 1395 - Medicare
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The Medicare statute, or Title 18 of the Social Security Act, is found in the United States Code beginning at 42 U.S.C. § 1395.
42 U.S.C. § 1396 - Medicaid
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The Medicaid statute, or Title 19 of the Social Security Act, is found in the United States Code beginning at 42 U.S.C. § 1396.
12 U.S.C. §1701 - Supportive Housing for the Elderly, National Housing Act
Older Americans Act
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This version is an unofficial compilation of the Older Americans Act with the 2006 Amendments, produced by the Agency on Aging. This page also includes links to related regulations.
29 U.S.C. § 651 - Occupational Safety & Health (OSHA)
29 U.S.C. §1001 - Employee Retirement Income Security (ERISA)
29 U.S.C. § 2601- Family and Medical Leave Act
TITLE 21--FOOD AND DRUGS

Federal Regulations

The Code of Federal Regulations (CFR) is the codification of the permanent regulations published in the Federal Register by executive departments and agencies of the Federal Government. The CFR is divided into 50 titles that represent broad areas subject to federal regulation. CFR titles 10, 20, 24, 28, 29, 32, 38, 42, and 45 have regulations that may affect an elder law problem. If you are unsure of what federal regulations you may need to consult, you can use a subject index to the CFR, or a citator for statutes or cases you may be examining. Electronic databases and the finding aids index for the CFR in print have tables that cross-reference U.S. Code sections with applicable sections in the CFR.

United States Code of Federal Regulations
Print titles of the CFR are updated annually, on a quarterly, rolling schedule. The CFR can be updated using ecfr.gov, print updates, or commercial services. Ask a librarian for help if needed.
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CFR volumes are added to GovInfo at the same time as the release of the paper editions. When revised CFR volumes are added, the prior editions remain on GovInfo as a historical set. Some CFR titles on GovInfo date back to 1996; all titles are available from 1997 to the current year.
The Code of Federal Regulations at Cornell's Legal Information Institute (LII)
The CFR home page at the Cornell site has several tools to help research regulations, including links to updates in the Federal Register, and a link to the parallel table of authorities which shows what regulations correspond to particular federal statutory sections.

Illinois Law

Chapters 20 and 320 of the Illinois Compiled Laws contain a variety of laws related specifically to the aged, including elder abuse, and property tax deferrals for the elderly. Illinois laws with general applicability may have special requirements that affect elderly individuals. If you are trying to find sections in a statute that apply specifically to elder individuals, first try the subject index to the Illinois statutes, either in print or online.

Illinois Act on Aging
20 ILCS 105/
Illinois Compiled Statutes - Statewide Senior Citizen Victimizer Database Act
20 ILCS 2645/
Illinois Compiled Statutes - Chapter 320 - Aging
Elder Abuse and Neglect Program - Regulations
Illinois Administrative Code – Title 89: Social Services, Chapter II: Illinois Department on Aging; Subpart C: 270.200 - 270.275]*
Illinois Department on Aging
The Department's mission is to "serve and advocate for older Illinoisans and their caregivers by administering quality and culturally appropriate programs that promote partnerships and encourage independence, dignity, and quality of life." The Agency Web site provides links to relevant Illinois administrative law.

Subject Guide

Joe Mitzenmacher

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