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The Aged Care Act regulates how older people are treated, including their healthcare, agreements they make, and protection from abuse and exploitation. Each US state has its own laws, but they generally aim to protect older people and prevent unethical behavior. The law also covers estate planning and healthcare insurance.
The World Health Organization (WHO) states that most developed countries have accepted the chronological age of 65 as the definition of elderly. Aged Care Act refers to legislation relating to the problems faced by older people. This includes how they are treated, the enforceability of the agreements they make, and how medical insurers treat them. Violations of elder law may result in civil or criminal penalties depending on the laws violated.
Every state in the United States (US) has a body of aged care legislation. These laws are not consistent, however. This means that while there are attorneys who specialize in aged care law, they also tend to specialize further in their state’s body of law. While the specifics of legislation vary, there are some topics that tend to be addressed to some extent.
For example, one of the main goals of most aged care laws is to protect these individuals from the abuse and exploitation of people who have assumed responsibility as their guardians. Older people can be physically, mentally and financially vulnerable, making it easy to exploit them. To prevent this from happening, there are often regulations that set standards for health care settings, assisted living facilities and the staffing of these businesses. If these individuals violate the Aged Care Act in certain ways, the result could be the loss of their license, which would deprive them of the ability to provide professional aged care.
Some regulations concern the conduct of family members who act as caretakers. The Aged Care Act also regulates the relationships between older people and those with whom they may be legally engaged. This includes accountants, trustees and those with power of attorney. In many jurisdictions, for example, agreements and contracts entered into by older people are considered unenforceable if they were entered into under unethical conditions or if they are grossly unfair.
This type of law also deals with what will happen when a person dies. Generally, elders are granted the right to appoint an executor of their estate. They can also usually determine how they want to use or distribute any remaining resources.
Older people usually have more health problems than younger people. Regulations governing federal social services such as Medicaid and Medicare can be considered Aged Care Act. Furthermore, this type of law commonly outlines the behaviors of private insurers. Much legislation aims to prevent insurance companies from treating people who have reached the last stages of life unfairly.
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