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Elder law


Elder rights are the rights of the aged, who in the United States are not recognized as a constitutionally protected class.

Common rights issues faced by elders include age-related job discrimination (such as forced age of retirement), lack of access to medical treatments because of age or age-related obstacles, societal perceptions of ability/disability due to age, and vulnerability to abuse, including financial, physical, psychological, social, and sexist l because of diminished capacity and lack of access to/ability to use technology.

The concept of a unique set of needs and rights of the elderly started in 1930s during the Great Depression with the main focus being on the need for a national pension program to provide financial security to the no longer working elderly. Numerous rival plans (the Townsend Plan, the McClain Movement, the Ham and Eggs Movement) were made to address the issue. Eventually, as part of Franklin Delano Roosevelt's New Deal, the Social Security Act was passed to meet the need.

As the population aged and the aged grew wealthier throughout the second half of the twentieth century, their political influence increased. Organizations such as the American Association of Retired Persons and government bodies such as the Administration on Aging were created to meet their needs. Issues far beyond simple financial security became the focus -- Maggie Kuhn, angered over her mandatory retirement at 65, launched the Gray Panthers. The National Elder Law Foundation was created out of concern that elderly might have unique legal needs. The 2006 reauthorization of the Older Americans Act included a project called Choices for Independence to develop consumer-directed community-based (as opposed to congregate segregated choices such as traditional nursing homes) long-term care options.


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