Elder Law

Elder Law

Increased longevity and the increase in the numbers of people living to advanced age should be regarded as a triumph and a cause for celebration. However, as with most human achievements, it may give rise to problems. Elderly people require support from income, maintenance, health, housing and personal social services.

While in Developed country the majority of elderly people might not need any special legal support or protection, but there is a significant minority in developed and also majority elders in developing countries, who because of illness or disability, impaired mental capacity or social and economic dependency do need protection. They may require protection from physical or mental abuse. They may need protection from misuse of their money or property. At some stage they may need help with making decisions and ultimately may need a substitute decision maker. This is a matter of interest to everyone and not just to the current generation of elderly people – any one of us could become a vulnerable adult in need of protection.
This section looks into various legal Mechanisms and Laws: International, Indian and Other Laws for the protection of such vulnerable elderly people.

Update 15th May –

Age Related Policies: A Global Review on Age Discrimination Legislation

Age discrimination is an important issue for older people as it can result in unequal treatment or service. Discrimination can be a barrier to necessities of life such as income through employment or social security, access to health service, or accommodations. It can also negatively impact the self worth of an individual. Governments around the world are becoming increasingly aware of this issue, and have been responding through legislation. The International Federation on Ageing (IFA) recognizes that there is a paucity of research and resources for governments, interest groups and individuals to review various legislative responses to age discrimination from an international perspective.Read More

European Law for Elderly

Social protection systems not only provide cash benefits to replace earned income in the event of unemployment, sickness, invalidity or retirement, or for people without sufficient resources. They also enable people to obtain appropriate medical and long-term care services, the costs of which often exceed the financial resources of a patient and his or her family. A communication issued by the Commission in 1999 on “A Concerted Strategy for Modernising Social Protection” consequently identified ensuring high quality and sustainable health care as one of the key issues for closer co-operation among the Member States. Read More

Elder Law – USA

Among the most important legal issues affecting the elderly in America are those that have an effect on a person’s independence — the right to care for oneself even in the face of difficulty rather than to be placed under guardianship, for example, and the right to makes one’s own decisions about health care and end of life planning. Read the Detail Report

Consultation Paper On Law And The Elderly – Ireland

Increased longevity and the increase in the numbers of people living to advanced age should be regarded as a triumph and a cause for celebration. However, as with most human achievements, it may give rise to problems. Elderly people require support from income maintenance, health, housing and personal social services. The Law Reform Commission is conscious that the elderly constitute a significant and growing group who may also need specific support and protection from the legal system.While the majority of elderly people do not need any special legal support or protection, there is a significant minority who, because of illness or disability, impaired mental capacity or social and economic dependency do need protection. Read More

Elder Abuse Facts, Read here

Legalcon Services for Older Adults and Elder Law

One of the newest and fastest growing specialties in the legal profession is elder law. Elder law has its roots in estate and trust specialization. It also draws upon the experience of legal service attorneys representing older clients in administrative law decisions affecting their eligibility for disability, social security and other pubic benefit programs including services supported in part by the Older Americans Act. The links on this page reach information sources for consumers and professionals. Know more

M I S S I N G V O I C E S: WHO Elder Abuse Report

Elder abuse, the mistreatment of older people, though a manifestation of the timeless phenomenon of inter-personal violence, is now achieving due recognition. Prevalence studies concerning abuse of older persons have so far been restricted to developed nations. In developing countries, though, there is no systematic collection of statistics or prevalence studies, crime records, journalistic reports, social welfare records and small scale studies to provide evidence that abuse, neglect and financial exploitation of elders are widely prevalent.

The World Health Organization (WHO) has recognised the need to develop a global strategy for the prevention of the abuse of older people. This strategy is being developed within the framework of a working partnership between the WHO Ageing and Life Course unit of the Department of Noncommunicable Disease Prevention and Health Promotion, the WHO Department of Injuries and Violence Prevention, the International Network for the Prevention of Elder Abuse (INPEA), HelpAge International and partners from academic institutions in a range of countries – Courtesy:WHO. Read in Detail
Click here for important links on Laws for Elderly

Update 1st August –

Social security in developing nations and the role of the state

Social security refers to protection against socially recognized conditions, including poverty, old age, disability, unemployment and other kinds of multi-dimensional deprivation. In a welfare state paradigm, it usually refers to services provided by the state, though in most countries the state acts in concert with the market and other agencies to make such schemes available. It may refer to social insurance schemes like retirement pensions or disability insurance where people receive benefits or services in recognition of contributions to an insurance scheme.Read More

Update 1st June –

India’s senior citizens finally get a hearing

The Union Cabinet’s recent decision to approve a new law — the Maintenance and Welfare of Parents and Senior Citizens Bill 2007 aimed at helping the elderly live in dignity and peace — is a welcome move towards the protection and care of India’s 77 million elderly citizens. Read More

Update 15th May –

GRAY MATTERS: ELDER SUPPORT IN INDIA AND THE U.S.

This is International Team Project – India: Northwestern University School of Law, USA, Spring 2008.
The challenge of supporting an elderly population is not unique to India. Comparing the Indian and American responses to the shared problem of elder maintenance reveals telling differences about the countries’ cultures, social and family values, and ideas about what role government should play in private life.Read this paper in detail

INDIAN NATIONAL POLICY ON OLDER PERSONS (NPOP)

The National policy, seeks to assure older persons that their concerns are national concerns and hey will not live unprotected, ignored or marginalized. The goal of the National Policy is the well – being of older persons. It aims to strengthen their legitimate place in society and help older persons to live their last phase of their life with purpose, dignity and peace. Read In detail

THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS BILL, 2007

The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007 was introduced in Lok Sabha on 20 March, 2007 and has been referred by Hon’ble Speaker to the Standing Committee on Social Justice and Empowerment for examination and report on 27 April, 2007. The objective of the Bill is to provide for more effective provisions for the maintenance and welfare of Parents and Senior Citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto. The most important provision of the Bill is to make the maintenance of parents by their family as a legal right. Read the detail Bill

India Statement on Ageing

Indian family, which has been predominantly joint or extended one, remained stable despite some marked and drastic social, political, economic and religious changes over the last few decades. It has, however, retained certain structural forms and traditional values. The historical cultural tradition of care and respect for the elderly within the family and the community has made the task of caring and empowering the aged relatively smooth and easy both for the society and the Government in India. Read more

Standing Committee Members list on ‘The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007’ of Government of India,See the List

Update 15th November –

CONSUMER RIGHTS

India has the largest consumer base in the world. In order to protect consumers from exploitation by unscrupulous elements, the consumer protection Act has been enacted.Read More

PUBLIC INTEREST LITIGATION (PIL)

Public interest litigation (PIL) in simple words, means, litigation filed in a court of law for the protection of public interest. The introduction of PIL is an example of judicial activism where in the judiciary considers even a letter from an affected person seeking redressal as a petition before the court of law.Read in detail

PWD ACT, 1995 THE PERSONS WITH DISABILITIES

An Act to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region.See the Act

Domicile Certificate Form: Maharashtra

Gift Deed draft

Gift Deed for Charitable Trust Draft

Self regulation for Media

Self regulation for TV broadcasters is set to come into existence from October 2. The News Broadcasters Association has come up with its own code of ethics and broadcasting standards. The NBA code, as submitted to the government.See the regulation

The Information Technology Act, 2000 Working Group on Social Security

A Working Group on Social Security in the context of formulating the Eleventh Five Year Plan was set up by the Planning Commission under the chairmanship of Shri K.M. Sahni, Secretary, Ministry of Labour & Employment, Government of India. The Working Group included several renowned experts and practitioners on the subject who contributed immensely in the finalization of this report.Read the report

Update 1st October –

SC: right to property now a human right

Taking a cue from courts in the US and UK, the Supreme Court has taken a view that the right to property is now a human right.Read More

Update 1st September

SUPREME COURT OF INDIA Guideline for PIL Read in detail

S U P R E M E C O U R T O F I N D I A Judgement on FIR Read More

THE MENTAL HEALTH ACT, 1987 of India Read in Detail

Update 1st August –

The Paramedical and Physiotherapy Central Councils Bill, 2007

The Paramedical and Physiotherapy Central Councils Bill, 2007 seeks to set up three councils to regulate physiotherapists and occupational therapists, medical laboratory technicians and radiology technicians. Read in detail

Women Reservation Bill 2008. Read More

Salient features of 2007 housing policy

The National Urban Housing and Habitat Policy 2007 seeks to promote various types of public-private partnerships for realizing the goal of Affordable Housing For All with special emphasis on the urban poor. The new Policy has been formulated keeping in view the changing socio-economic parameters of the urban area and growing requirement of shelter and related infrastructure. Read More

Update 1st June –

HAND BOOK ON RIGHT TO INFORMATION ACT 2005

Transparency and cleanliness in working are the essential elements to strengthen a Democratic system. In this perspective Govt of India enacted the Right to Information Act, 2005. As part of Ministry of Social Justice & Empowerment, Govt. of India National Institute of Social Defence (NISD) has also been obliged for effective implementation of RTI Act, 2005 This handbook may prove helpful in getting information about NISD and its functioning. Read in detail

RTI Rule of Maharashtra, Read in detail

Organ Donation Act of India

This act is to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs and for matters connected therewith or incidental thereto. Whereas it is expedient to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in suhuman organs. Know more

India Code

The India Code Information System contains all Central Acts of Parliament right from 1836 onwards. Each Act includes: Short Title, Enactment Date, Sections, Schedule and also Foot notes.Read More:

Click here for important links for other Laws and Legal Services

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