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Disability Law and the Elderly
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SSDI (Social Security Disability Insurance)
A payroll-funded federal insurance program of the United States that provides income to people who are unable to achieve gainful employment due to a permanent disability. SSDI is significant in Elder Law as it provides a safety net for older individuals who become disabled before retirement age.
Age Discrimination in Employment Act (ADEA)
A federal law that forbids employment discrimination against anyone at least 40 years of age in the United States. In Elder Law, it serves to protect the employment rights of older adults, including those who are disabled.
Special Needs Trust
A trust specifically designed to benefit individuals with disabilities while preserving their eligibility for government assistance programs. In Elder Law, it helps manage and protect the assets of elderly individuals with disabilities.
Guardianship
A legal relationship in which a person or agency (the guardian) is appointed by a court to make decisions for someone (the ward) who is unable to manage his or her own affairs. This is relevant to Elder Law when an elderly person with disabilities cannot make decisions independently.
Long-Term Care Insurance
An insurance product that pays for long-term care services in many settings, such as at home, in a nursing home, or in an assisted living facility. Elder Law uses this insurance to ensure that elderly individuals with disabilities can afford the care they need.
Health Insurance Portability and Accountability Act (HIPAA)
A federal law that sets standards for the protection of confidential patient health information. For Elder Law, HIPAA protects the privacy of elderly individuals with disabilities regarding their health information.
Patient Self-Determination Act (PSDA)
A federal statute that requires certain healthcare providers to give patients information about their rights to make advance directives under state law. Elder Law utilizes this act to empower elderly individuals with disabilities to make informed health care decisions in advance.
Fair Housing Act
A law that prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on disability, among other protected classes. Elder Law uses this act to protect the housing rights of the elderly with disabilities.
Estate Planning
The process of designating who will receive your assets and handle your responsibilities after your death or incapacitation. Elder Law frequently involves estate planning for elderly individuals with disabilities to ensure their wishes are carried out and their affairs are in order.
IDEA (Individuals with Disabilities Education Act)
A law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children. While this law focuses on children, it sets precedents in the rights and services that may also be applied to the elderly through Elder Law frameworks.
Durable Power of Attorney
A legal document that grants a trusted individual the authority to act on behalf of another person in financial or medical matters. In the context of Elder Law, it is especially relevant for elderly individuals who may become incapacitated due to disability.
Older Americans Act (OAA)
A federal law that supports a range of home and community-based services, such as meals-on-wheels and caregiver support services. It is relevant to Elder Law as these services can be critical for elderly individuals with disabilities.
Supplemental Security Income (SSI)
A federal income supplement program funded by general tax revenues (not Social Security taxes) designed to help aged, blind, and disabled people who have little or no income. It provides cash to meet basic needs for food, clothing, and shelter, relevant to Elder Law for supporting older adults with disabilities.
ADAAA (Americans with Disabilities Act Amendments Act)
An amendment to the ADA that made significant changes to the definition of disability, making it easier for an individual seeking protection under the ADA to establish that he or she has a disability. This is relevant to Elder Law as it offers broader protections for the elderly disabled.
Medicaid
A joint federal and state program that helps with medical costs for some people with limited income and resources, and offers benefits not typically covered by Medicare, such as nursing home care and personal care services. In Elder Law, Medicaid is crucial for elderly individuals with disabilities who need long-term care.
ADA (Americans with Disabilities Act)
A civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. Its relevance to Elder Law includes ensuring that elderly individuals with disabilities receive the same rights and opportunities as everyone else.
Medicare
A federal health insurance program for people who are 65 or older, certain younger people with disabilities, and people with End-Stage Renal Disease. Relevant to Elder Law as it provides health insurance coverage for the elderly population, including those with disabilities.
Section 504 of the Rehabilitation Act
A civil rights law that prohibits discrimination on the basis of disability in programs and activities, both public and private, that receive federal financial assistance. Relevant to Elder Law as it ensures that elderly individuals with disabilities can participate in federally funded programs or activities.
ABLE Accounts
Tax-advantaged savings accounts for individuals with disabilities and their families. The beneficiary of the account is the account owner, and income earned by the accounts will not be taxed. This is relevant to Elder Law for managing the financials of an elderly person with disabilities.
Advance Directive
A legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions due to illness or incapacity. In Elder Law, advance directives are essential for the elderly with disabilities to control their medical care.
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