The term Elder Law encompasses a variety of important legal issues pertaining to aging and the elderly. This guide lists research materials in the law library and on the Internet that offer current, reliable information on the many aspects of Elder Law. Visit the law library; the reference librarians will be glad to help you get started in your research. You may also wish to consult the following Legal Resource Guides:
You can find additional materials on elder law by browsing the library shelves near the listed books or by searching the library catalog.
TABLE OF CONTENTS:
Self-Help
Practice Guides
Statutes
Internet Sites
Community Resources
SELF-HELP BOOKS
These books are highly regarded "plain English" explanations of the law, written by attorneys or other legal experts. They include basic legal discussion and procedures, forms with instructions, and models of other documents that may be required. Many of the books have CDs that supplement the text and provide interactive forms. You can find all of these titles, and more, in the Library's Self Help Collection on the First Floor.
8 Ways to Avoid Probate KF 750 .Z9 A118
Electronic Access: On the law library computers, using Nolo Ebooks.
California Power of Attorney Handbook KFC 336 .Z9 T35
The Complete Legal Guide to Senior Care KF 390 .A4 S46
Estate Planning Basics KF 750 .Z9 C585
The Executor's Guide: Settling a Loved One's Estate or Trust KF 778 .Z9 R36
[Includes FORMS in the book and on an accompanying CD]
Grandparents' Rights: Your Legal Right to Protect Your Relationship with Your Grandchildren KF 547 .Z9 T78
How to Probate an Estate in California KFC 205 .N57
Electronic Access: On the law library computers, using Nolo Ebooks.
Living Wills and Powers of Attorney for California KFC 336 .I78
[Includes FORMS in the book and on an accompanying CD]
Electronic Access: On the law library computers, using Nolo Ebooks.
Make Your Own Living Trust KF734 .Z9 C57
[Includes FORMS in the book and on an accompanying CD]
Electronic Access: On the law library computers, using Nolo Ebooks.
Nolo's Simple Will Book KF 755 .Z9 C54
[Includes FORMS in the book and on an accompanying CD].
Seniors' Rights: Your Legal Guide to Living Life to the Fullest KF 390 .A4 S45
Social Security, Medicare and Government Pensions KF 3650 .M37
Electronic Access: On the law library computers, using Nolo Ebooks.
PRACTICE GUIDES
Below is a sampling of "practitioners' guides" written for attorneys. These manuals and their electronic counterparts cite federal and state legal authorities and provide court procedures, forms and instructions for every stage of a legal proceeding or transaction.
Advising the Elderly or Disabled Client: Legal, Health Care, Financial and Estate Planning KF 390 .A4 F75
This manual is an overview of state and federal benefits, and other relevant law for the attorney who wants to help elderly clients plan efficiently. Age Discrimination, Housing, Elder Abuse, Social Security, and Situational Incompetency are among the chapters. Appendixes include worksheets, sample documents, and state-by-state laws.
California Elder Law Litigation, an Advocate's Guide KFC 111 .A34 C34
This guide covers law practice in the areas of physical abuse, financial exploitation, and filing complaints against nursing homes.
[Includes FORMS in the book and on an accompanying CD]
Electronic Access: On the law library computers, using ONLAW.
California Elder Law: Resources, Benefits and Planning, an Advocate's Guide
KFC 111 .A34 C35
The companion to the title above, this manual focuses on decision-making and transactions for benefits, finances, and health care decisions. This manual has excellent coverage of Medi-Cal benefits and processes.
[Includes FORMS in the book and on an accompanying CD]
Electronic Access: On the law library computers, using ONLAW.
California Powers of Attorney and Health Care Directives KFC 336 .C35
This manual details the issues that arise in drafting and using DPAs for financial, health and personal care decisions. One chapter is devoted to drafting specific clauses.
[Includes FORMS in the book and on an accompanying CD]
Electronic Access: On the law library computers, using ONLAW.
Capacity and Undue Influence: Assessing, Challenging and Defending:Here's How and When To Do It KFC 112 .A9 C37
Organized by steps in the process, beginning with proper determination procedures, understanding the law, and litigating undue influence.
Electronic Access: On the law library computers, using ONLAW.
California Conservatorship Practice KFC 112 .C34
This is a comprehensive manual for creating, managing, litigating and terminating conservatorships.
[Includes FORMS in the book and on an accompanying CD]
Electronic Access: On the law library computers, using ONLAW.
California Guide to Tax, Estate and Financial Planning for the Elderly
KFC 195 .A6 Z56
Includes chapters on income, gift and property taxes. Particularly strong chapters on Medi-Cal.
[Includes FORMS in the book and on an accompanying CD]
Elder Abuse Litigation KFC 111.A34 B35
This manual covers actions for civil damages based on elder abuse and neglect.
Electronic Access: On the law library computers, using Westlaw.
Elderlaw: Advocacy for the Aging KF 390 .A4 K7
This is similar in scope to Advising the Elderly or Disabled Client: Legal, Health Care, Financial and Estate Planning. You may prefer the organization or style of one or the other. Check both to get maximum coverage of your issues.
ElderLaw Forms Manual: Essential Documents for Representing the Older Client
KF 390 .A4 M27
This manual helps an attorney grow an Elder Law practice. The sections provide hundreds of sample letters and documents. Twenty chapters are divided into five parts:
Managing the Elder Law Practice; Estate and Long-Term Care Planning; Powers of Attorney; Medical Directives and Wills; Trusts; and Miscellaneous.
[Includes FORMS in the book and on an accompanying CD]
ElderLaw Portfolio Series KF 390 .A4 E43
A practical manual covering legal and transactional aspects of taxes, Medicaid, trusts, financial planning, rights of long-term care facility residents, age discrimination, etc.
Social Security and Medicare Answer Book KF 3649 .P73
Detailed yet accessible treatment of eligibility, benefits, exclusions, claims and appeals.
STATUTES
California law addresses elder law issues primarily, but not exclusively, in the Family Code, the Probate Code, and the Welfare and Institutions Code. Here is a small selection:
The California Codes are online at www.leginfo.ca.gov/calaw.html. Mark the box next tothe title you are interested in and click on "Search" for a hyper-linked table of contents. Alternatively, use the printed code volumes on the shelf at the law library:
Deering's California Codes Annotated KFC 30.5 .D4 H3
West's Annotated California Codes KFC 30 .W48
"Annotated" means that after each section of law there will be explanatory text and "Case Notes" of significant court opinions to help improve and expand your research. These annotations are not available on the Internet, but the law library subscribes to Westlaw, which contains the West's Annotated California Code.
Federal laws also affect the aging and elderly, especially in the areas of Consumer Protection, Age Discrimination, Housing, Social Security, Medicare and other public benefits. The practice guides listed in the section above will give you appropriate introductions to the federal law and also provide you with references to other resources. Annotated federal statutes are also available on Westlaw and in print in the law library.
INTERNET SITES
Fortunately, many highly regarded Internet sources exist for current, reliable information on elder law issues. These websites will provide you with their own set of selected links to other web resources that they have evaluated for accuracy. Here are a select few to get you started:
AARP: American Association of Retired Persons www.aarp.org
Sections titled Health, Money, and Politics and Society contain links to articles on various legal matters.
American Bar Association, Commission on Law and Aging: www.abanet.org/aging/
Click on "Resources," then "Links of Interest" to find authoritative information, free to the public, on a variety of legal issues.
AOA - Administration on Aging: www.aoa.gov
The Department of Health and Human Services' AOA is the federal government agency for elder issues. The website will link you to pertinent laws and other useful information.
California Bar Association: www.calbar.org
Click on "Public," then choose "Legal Information" from the drop-down menu. Click on "for Seniors," for a guide on a number of issues confronting seniors that you can choose to read in English or Spanish and other useful links.
ElderWeb: http://www.elderweb.com/
This award- winning site is the oldest and largest eldercare sourcebook on the Web. It is a research site for professionals and family members, with thousands ofon-site and off-site articles about eldercare and long term care, including legal, financial, medical, housing, policy, research, and statistics
National Legal Resource Center Administration on Aging:
http://www.nlrc.aoa.gov/NLRC/index.aspx
A collaboration of the American Bar Association Commission on Law and Aging, The Center for Elder Rights Advocacy, The Center for Social Gerontology, The National Consumer Law Center, and The National Senior Citizens Law Center.
Nolo Press: www.nolo.com
Nolo produces many self-help legal books and has a website that offers excellent and timely free information on elder law.
COMMUNITY RESOURCES
Area 4 on Aging: http://www.a4aa.com/
This regional agency, headquartered in Sacramento, plans and coordinates all kinds of programs and services for older people.
California Advocates for Nursing Home Reform: www.canhr.org
Since 1983, California Advocates for Nursing Home Reform (CANHR), a statewide nonprofit 501(c) (3) advocacy organization, has been dedicated to improving the choices, care and quality of life for California's long term care consumers.
California Department of Aging: www.aging.ca.gov
This agency administers programs that serve older adults, adults with disabilities, family caregivers, and residents in long-term care facilities.
Senior Legal Hotline: www.seniorlegalhotline.org.
This organization serves Sacramento County residents, offering free legal advice on many legal problems confronted by those aged 60 or over.
University of the Pacific McGeorge School of Law Elder Law Clinic
Intake Line: (916) 340-6080. Clinic students provide legal advice and undertake representation of individuals 60 and older in the greater Sacramento area.
updated 8/11 kb