New Developments Affecting Elder Law

Elder law is a branch of law that specializes in issues that affect the senior population. In its broadest sense, its purpose is to provide holistic legal advice that allows seniors to preserve and protect not just their finances, but also their values and dignity. Among other things, elder lawyers offer estate planning, probate and estate administration, guidance on Medicaid and other long-term care issues, and legal advice on wills, trusts, and guardianship. 

There are many new and important trends in elder care law. If you’re a senior or have a senior in your life, it’s important to be aware of these trends and developments affecting elder law. 

The One Big Beautiful Bill Act Implications 

The One Big Beautiful Bill Act (OBBBA), which was signed into law on July 4, 2025, made permanent some provisions contained in the 2017 Tax Cuts and Jobs Act. One major change was that the estate and gift tax exemption was increased to $15 million for individuals and $30 million for married couples. This exemption will be indexed annually for inflation. This has implications for many high-wealth seniors.

The OBBBA also has implications for long-term care and Medicaid. Specifically, for applicants seeking eligibility for Medicaid, the OBBBA amended the home equity exclusion to $1 million. This means that seniors will not qualify for long-term care services under Medicaid if their home equity exceeds $1 million.

Digital Assets

As more seniors operate digitally – everything from buying cryptocurrency online to storing important information in the cloud – estate planning documents need to align with the digital world. Elder lawyers are drafting digital assets clauses into estate planning documents and naming “digital fiduciaries” to manage accounts. 

A Trend Toward Home and Community Models in Long-Term Care

Medicaid’s focus is trending toward managed and home and community-based services, and away from institutional care, allowing seniors to age in place while still receiving benefits. This change requires that planning tools be restructured to align with Medicaid eligibility rules. Now is the time to check with your Long Island Elder Care lawyer to ensure that your trust, advanced directives, and other planning documents are structured to allow you to preserve your personal independence and autonomy without sacrificing benefit eligibility.

But even though there’s an increasing preference toward managed and home and community-based care, there’s a growing preference to seek caregiving outside of the family sphere. This is reflective of a desire to preserve harmony in family relationships, as well as the relative affluence of many Boomers. If you think you will be a senior who will be following this trend, it’s important to review your guardianship planning. In addition, you may need to restructure your trusts and powers of attorney to provide for professional care fees and payments.

Elder Abuse Protections

According to the FBI, elder fraud losses were reported in 2023 in the amount of $3.4 billion. Given the facts of underreporting, it’s likely that fraud losses were significantly higher than that. The federal and state governments have been evaluating legislation to address these losses. 

In 2025, the U.S. House of Representatives passed the Financial Exploitation Prevention Act, which would allow financial institutions to suspend suspicious transactions for fifteen days to perform an audit or investigate further. Elder law attorneys are increasingly suggesting to their clients that they implement financial safeguards, such as multi-signature accounts and restricted power of attorney clauses, to minimize financial exploitation. And as of 2025, nearly half of the states had similar financial protection bills or laws. Provisions in those laws include such safeguards as:

• Mandatory staff training to recognize and handle suspicious transactions
• Liability protections for financial institutions that act in good faith in delaying or suspending transactions
• Authorization for customers to name a trusted friend or family member that the financial institution may contact when suspicious transactions are encountered 

Beyond specific legislation dealing with financial exploitation, elder justice efforts are creeping into other areas. State and federal legislative agendas are evaluating healthcare access, economic security, and housing stability for elders. Justice in Aging, a national organization that fights senior poverty by securing access to affordable health care and housing, takes aim at these issues through administrative advocacy, litigation, and training direct service advocates. One of Justice in Aging’s top priorities currently is to strengthen and defend Medicaid, which provides health care coverage for over 12 million older adults who rely on the program to help pay for long-term care. 

Technological Advancement to Improve The Lives of Seniors

Technology advancements are speeding forward. While many of these advancements worry and confound seniors who are paying attention, there is no question that many of these are making, or will make, life easier for seniors. Every day, new products are being developed and introduced to change the aging experience, or the experience of their caregivers. These include advancements that allow seniors to stay connected to family and friends, stay safe in their homes and communities, and stay healthy. New voice communication technologies allow seniors to age in place, as do in-home monitoring services. Tracking of vital health information of a senior is possible through digital solutions that provide remote tracking. 

AI Is Transforming The Elder Care Landscape

Within the elder care landscape, AI is increasingly used in many ways. It can analyze and identify subtle behavioral changes that may indicate a senior’s risk of neurobiological problems or dementia. AI can detect issues such as declining mobility or nighttime wandering. It can provide conversational interaction to reduce social isolation. And it can also improve operational efficiency for agencies that face a shortage in the workforce. With each passing day, there are new elder care transformations created by AI.

Contact a Long Island Elder Lawyer at Davidow, Davidow, Siegel & Stern, LLP

Here at Davidow, Davidow, Siegel & Stern, we know intimately that aging comes with a wide range of issues, and we address these issues with a multigenerational approach. Our goal is to empower seniors and their families to obtain benefits to which they are entitled, protect their assets, and provide for their wishes. We have been the premier elder care law firm in Long Island for over 100 years. We are dedicated to our clients and our community. Your well-being is our paramount concern. Contact us today to see how we can enhance your peace of mind and age well.