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    February 26, 2025

    Director's Column

    By Erica Costello, Associate Director/Chief Counsel, Commission on Law and Aging

    The PDF (which includes any endnotes and footnotes)  in which this article appears can be found here: /content/dam/aba/administrative/law_aging/vol46issue3.pdf

    According to the World Health Organization, by 2030, it is projected that 1 in 6 people throughout the world will be aged 60 years or older. However, only 1 in 4 reporting countries have enough financial and political resources to implement integrated care responsive to older people’s needs, and only 1 in 3 have the same for long term care. 

    Several articles in this issue highlight the various ways that legal communities can strengthen and support healthy aging globally.  For example, the Commission on Law and Aging (COLA) intern James Root Butterworth’s article spotlights Germany’s mandatory, public long-term care insurance (LTCI) system which provides nursing home care, home care, and outpatient care to all residents based on the level of care required. Attorney Sally Hurme’s article further discusses the recent World Congress on Adult Care and Support, particularly noting that Germany’s legal system has abolished full guardianship in favor of “Betreuung,” or legal caretaking. Under the new model, the fundamental rights of individuals to vote, marry, and make a will are safeguarded and judges are required to ascertain the individual’s will and preferences.

    There are also things being done in legal communities throughout the United States to strengthen and support the rights of older people with international issues. COLA Commissioner and Judge Selena Molina’s article discusses the role of attorneys ad litem in Delaware who voluntarily represent individuals alleged to be in need of guardianship with international issues. The attorneys ad litem are able to assist in marshalling and liquidating international assets, as well as reconnect individuals with international family members and help with residential placements in other countries if needed. 

    Of course, we would be remiss if the effects of international climate change on older people were not also addressed in this issue. In January 2025, the Los Angeles’ wildfires had a significant impact on the lives of countless older people throughout the region, forcing more than 50,000 people to evacuate and killing at least 27 people, many of them older adults.  In her article, Attorney Jane Buchanan with HelpAge USA examines the issues of international conflicts, humanitarian, and climate-related disasters, and emphasizes the need for greater participation of older people in disaster planning, response, and monitoring. Information on Disaster Relief Legal Assistance can be found on the ABA’s Center for Pro Bono website.

    COLA has a long history of working on international issues that strengthen and support the rights of older people.  In 2018, the ABA adopted a resolution encouraging the United Nations to draft a convention on the rights of older persons. COLA Senior Attorney Jessica Brock’s article provides an update on this topic and discusses whether a convention on the rights of older persons should be adopted. This topic is both relevant and timely as we look toward continuing our work on issues that strengthen and support the rights of older people in the international community. 

    Further information and resources on the International Rights of Older Persons can be found on COLA’s website. 

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    Erica Costello

    Associate Director, American Bar Association - Commission on Law and Aging