Capacity, Conflict, and Change: Elder Law and Estate Planning Themes in an Aging World

Abstract

The 2012-13 Symposium Issue of the Penn State Law Review arose out of collaboration between two sections of the Association of American Law Schools (AALS) for the Annual Meeting in January 2013. The leadership of the Section on Trusts and Estates and the Section on Aging and the Law called for dialogue among scholars who teach, research and write in these and related fields, with a special eye to the demographics of population aging. This article introduces the themes heard in the conference and highlights key themes of the formal papers.

Keywords: Elder, trusts, wills, estates, estate planning, capacity, conflicts of interests, fiduciary duty, powers of attorney

JEL Classification: D63, D74, D78, G20, G28, H50, H55, H53, H87, I00, I11, I12, I18, I30, I31, I36, J14, J11, J18, K00