Updates in Elder Law in 2025

Elder law continues to adapt to address emerging challenges as well as provide protection for older adults. Some of the significant updates in elder law in 2025 are expanded protection against elder financial abuse, reforms on long-term care policies and advancements in healthcare decision-making. Read on to learn more.

Expanded Protection Against Elder Financial Abuse

Elder financial abuse occurs when a senior individual is taken advantage of for money or assets. Two examples of this are using a senior’s funds without permission and deceiving them make poor financial decisions.

In 2024, the Consumer Financial Protection Bureau  (CFPB) commenced rulemaking to address elder financial abuse. The additional guidelines allow monitoring financial solutions that target seniors, intending to reduce predatory practices and scams.

To avoid elder financial abuse, there are warning signs to spot. First, if you notice your elder loved ones withdrawing unusual amounts of money or suddenly changing their will, help them understand what is happening and don’t be afraid to step in and prevent the issue from advancing.

Reforms on Long-Term Care Policies

In the last several years, Americans have seen rising costs in all categories and unfortunately that includes long-term care. On the bright side, policymakers have introduced new measures to help improve access and affordability.

The updates include:

Medicaid Waivers: Many states have expanded Medicaid waivers to cover costs whether seniors choose home-based or community-based services. Find out more about Oklahoma’s waivers for eligible individuals.

Tax Incentives: The IRS announced an increased tax deductible limit in 2025 for long-term care insurance. Only long-term care policies that meet the federal government’s tax-qualified requirements qualify for a potential tax deduction. Learn more from the American Association for Long-Term Care Insurance.

Advancements in Healthcare Decision-Making

Many states have seen advancements in healthcare that have a positive effect on elder law. Let’s look at the updates.

1. Digital Advance Directives: While it is still imperative to keep hard copies of important documents such as your advance directive, many states are recognizing the movement towards digital versions of advance directives. This can provide ease of access for elder adults.

2. Telehealth Rights: Federal legislation provided extensions of telehealth access options including:

• Allowing Medicare patients to receive telehealth services for non-behavioral/mental health care in their home through March 31, 2025.
• Individuals can receive care with no geographical restriction through March 31, 2025.

Moving Forward in 2025

The changes in elder law reflect a commitment to protecting the rights and well-being of our seniors.

These changes can be confusing, so it is important to work with a professional who can help guide you through the complexities of elder law.

Oklahoma attorney, Kevin L . Miller, PC has over 35 years of experience in estate planning, probate and elder law. He works with all kinds of individuals and families in Oklahoma.

He practices law with the following in mind:

“I believe that people should be treated with decency, dignity and respect.

I believe in equality and justice for everyone.

Equality is fundamental and necessary if we are to have a just society.”

Reach out to Kevin L. Miller, PC today by calling (405) 443-5100.