Description:

Upon successful completion of this course, the student should be able to explain the legal aspects of aging. Topics include financial and estate planning, health care, personal planning and protection, taxation, housing and other legal matters affecting the elderly and people with special legal needs. 3 hrs. lecture/wk.

Supplies: Refer to the instructor’s course syllabus for details about any supplies that may be required.

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

1. Explain the various medical, social, financial and legal factors that form the basis of elder law.
2. Deal with the elder client and his or her family.
3. Identify federal, state and local government agencies that affect or support the needs of an elder person.
4. Identify private agencies and organizations that provide assistance to elder persons.
5. Discuss basic concepts of financial and estate planning.
6. Explain the utilization of guardianships and conservatorships.
7. Identify persons who are legally classified as fiduciaries.
8. Explain the various legal documents used to support a person’s personal and healthcare needs.
9. Identify various types of insurance, including life, health and long-term care.
10. Explain various forms of public benefits available to qualified persons.
11. Identify various types of housing, hospital and nursing care available to elder and disabled persons.
12. Discuss patient and nursing care residents’ rights and remedies.
13. Identify tax matters affecting elder persons.
14. Discuss consumer protection and rights.
15. Identify persons with special needs and various supportive agencies and organizations.
16. Access elder law resources.

Content Outline & Competencies:

I. Overview of Elder Law
   A. Identify people affected.
   B. Identify medical reasons for development of elder law.
   C. Explain the social and financial aspects of elder law.
   D. Identify major legal issues.
   
II. The Elder Client and His or Her Family
   A. Conduct an initial client interview.
   B. Assist the elder client in identifying important papers and
documents.
   C. Apply legal ethics to the elder client/attorney relationship.

III. Government Agencies
   A. Explain major legislation affecting elder people.
   B. Identify federal agencies that affect elder persons.
   C. Identify state and local agencies that affect elder persons.
   D. Ascertain information about specific agencies.
   E. Deal with representatives of government agencies.

IV. Private Agencies and Organizations
   A. Ascertain information about private agencies and organizations
offering services to elder people.
   B. Deal with representatives of private agencies and organizations.
   C. Identify limitations of private agencies and organizations.

V. Financial and Estate Planning
   A. Explain the use of wills and trusts.
   B. Develop an estate plan.
   C. Explain the use of gifts in estate planning.
   D. Identify various retirement benefits.
   E. Discuss post-death estate matters including estate administration.
   F. Prepare financial durable powers of attorney.
 
VI. Guardianships and Conservatorships
   A. Identify situations where the use of a guardianship and/or
conservatorship would be appropriate.
   B. Explain the judicial process for setting up and administering a
guardianship and/or conservatorship.
   C. Provide post-appointment monitoring and supervision.
   D. Identify various persons legally classified as fiduciaries.

VII. Personal and Healthcare Needs
   A. Explain medical directives including medical powers of attorney,
living wills and health care directives.
   B. Discuss the medical and legal ethics involved in end-of-life
planning.
   C. Prepare durable powers of attorney for health care decisions, living
wills and medical directives.

VIII. Insurance
   A. Explain the various types of insurance available including:
      1. Life.
      2. Health.
      3. Long-term and home care.
      4. Medigap.
      5. Long-term disability.
      6. Dread disease.
      7. Burial/funeral.
   B. Review existing insurance policies.
   C. Explain viatical settlements.

IX. Public Benefits
   A. Identify various public entitlement programs, including Social
Security, Medicare and Medicaid.
   B. Assist in the application of Medicare benefits.
   C. Assist in the application of Medicaid benefits.
   D. Explain the basic concepts of Social Security benefits.
   E. Identify situations where supplemental security income benefits
would be available.
   F. Provide information about veterans’ benefits.

X. Housing, Hospital and Nursing Care
   A. Identify various forms of living facilities available to elder
persons.
   B. Explain the use of reverse mortgages.
   C. Assist in placing elder persons in independent living facilities.
   D. Assist in placing elder persons in assisted living facilities.
   E. Assist in the selection of a nursing home.

XI. Patient and Nursing Care Resident Rights and Remedies
   A. Identify protective services in cases of abuse, neglect and
exploitation.
   B. Explain the Patient Self-Determination Act.
   C. Identify legal rights.

XII. Tax Matters
   A. Explain basic income tax provisions pertaining to elder persons.
   B. Identify special exemptions and state tax benefits for elder
persons.
   C. Discuss federal estate and gift tax laws and state death taxes.
   D. Prepare homestead/renters’ claims.

XIII. Consumer Protection and Rights
   A. Identify various federal and state statutes for consumer
protection.
   B. Explain special considerations by utilities for elder persons.
   C. Discuss age discrimination.
   D. Explain the provisions of the Americans with Disabilities Act.

XIV. Persons With Special Needs
   A. Identify mentally and/or physically disabled persons.
   B. Locate special needs facilities, agencies and organizations.
   C. Assist in obtaining financial and/or physical assistance for persons
with special needs.
   D. Explain the use of non-profit corporate guardianships.
   E. Explain the use of special needs trusts.

XV. Elder Law Resources
   A. Identify resource organizations.
   B. Identify elder law print and Internet resources.
   C. Access elder law print and Internet resources.

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

A minimum of 3 examinations                50% of grade
A minimum of 5 projects and assignments    50% of grade
                                          100%
Grading Criteria:
   90-100% = A
   80- 89% = B
   70- 79% = C
   60- 69% = D
   59-  0% = F

Caveats: NONE

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.