Article: The Development of “Elder Law” In the United States

This Chapter explores the factors that gave rise to the practice area of “elder law”, as well as the ongoing academic critique of this relatively new field. “Elder law” is one of the fastest growing areas of specialized legal practice in the US. It first emerged in the US as a distinct field of legal practice in the late 1970s and early 1980s. By the mid 1990s, many law schools routinely offered courses on “Elder Law” and the American Bar Association (ABA) had recognized “Elder Law” as one of only eighteen board-certified specialties. “Elder law” is unique among legal specialties because it not defined by reference to a specific type of law, but rather by the identity of its client base, namely older adults. This intentional bundling of legal services for older people reflects the complex and fragmented nature of US ageing policy, especially with regard to health care financing. However, commentators have cautioned that this identity-based approach to the provision of legal services carries the potential for stigma and stereotyping.