In 2006, the oldest baby boomers – the generation born between 1946 and 1964 – will turn 60 years old. Among the Americans celebrating their 60th birthday this year will be our two most recent presidents, George W. Bush and Bill Clinton. Other well-known celebrities reaching this milestone include Cher, Donald Trump, and Dolly Parton. According to the United States Census Bureau, 7,918 people will turn 60 each day in 2006…that amounts to 330 every hour! This growing number of senior citizens brings with them an increasing emphasis on all things related to aging – from new consumer products geared to assist maturing bodies to a mounting need for lawyers and lawmakers to understand the legal issues concerning elders and their families.
Recognizing that there would be a growing need for guidance on legal issues relating to senior citizens, the American Bar Association (ABA) created a Commission on Law and Aging many years ago. Composed of lawyers, judges, physicians, academics, and elder advocates from around the United States, this Commission’s mission is to strengthen and secure the legal rights, dignity, quality of life, and quality of care for elders. Since its inception nearly 30 years ago, this Commission has carried out its mission through research, policy development, technical assistance, advocacy, education, and training.
The aging population and the growing trend toward seniors mean that various ABA entities and outside organizations have become increasingly interested in the work of this Commission. Last year, for example, the American Psychological Association collaborated with this Commission on a project concerning the legal issues involved in an elder’s decreasing mental competency. This unique joint endeavor of lawyers and psychologists resulted in a legal publication entitled, “Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers.” A follow-up project to this lawyers’ handbook is a judge’s bench book on competency assessments in guardianship proceedings, scheduled for publication later this year.
In the wake of last summer’s Terri Schiavo case, the Commission responded to numerous inquiries from the press, from individuals, and from policy makers on end-of-life and advance planning documents. To further assist individuals with these difficult concerns, the Commission published “Consumer’s Tool Kit for Health Care Advance Planning”.
For the 2005 ABA annual meeting, the Commission prepared a Recommendation and Report on Social Security for consideration by the American Bar Association’s House of Delegates. As reported by Larry McDevitt, Chair of the Commission, “This recommendation describes certain fundamental principles needing to be considered in the debate over the future of Social Security to ensure that the program remains a national system of social insurance protecting older people, widows/widowers, people with disabilities and children that have fallen into poverty.”
Because of its mixture of influential members, this Commission brings an interdisciplinary perspective to a wide range of legal issues concerning the elderly. Its connection to the American Bar Association, a powerful lobbying group in the political arena, means this Commission has the ability to dramatically shape the law regarding seniors.
You can find out more about the Commission on Law and Aging by going to the American Bar Association’s website, www.abanet.org .
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