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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.
Check the Books tab in this research guide for treatises and practitioner materials.
Elder Law in a Nutshell, 7th edition (2019) by
Online edition available via the Law Library's West Academic Study Aids subscription. Current Loyola Law ID and password required for access.
The Law Library has the 2010 edition in print, as part of the Academic Success collection. Shelved on the 3rd floor at call number KF 390 .A4 F752 2010.
Elder Law: Cases and Materials, 5th Edition by
Call Number: KF 390 .A4 F753 2011
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.
A Short and Happy Guide to Elder Law
This guide, which is available through the Law Library's West Academic Study Aids subscription, 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 current Loyola Law School ID is required for access.
Mastering Elder Law
Mastering Elder Law, which is available through the Law Library's LexisNexis Digital Library subscription, 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 current Loyola Law School ID is required for access.
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.
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.
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.