Elder Law 2025: a global challenge for an ageing, wealthier world
The world is getting older and richer. There are now more than 800 million people aged over 65 globally, a figure expected to surpass 1.5 billion by 2050, according to the United Nations. Longevity is reshaping the legal landscape on both sides of the Atlantic. Families are living longer, holding assets across borders and facing more frequent questions about capacity, inheritance and protection in later life. In 2025, advisers say this shift represents a genuine turning point. Elder law, once viewed as a niche area, has become central to wealth management and estate planning for clients in the United Kingdom, Europe and the United States.
As longevity rises, so do complex questions of mental capacity, cross-border inheritance, and elder protection. Legal experts on both sides of the Atlantic say 2025 marks a turning point: families are living longer, managing assets in multiple countries, and facing growing disputes over wills, care, and control.
In England and Wales, over 11 million people are aged 65 or older, while US census data shows that more than 17% of Americans are now in that age group. With this demographic shift, elder law, once a niche discipline, has become a central pillar of wealth and estate planning. From AI-driven medical forecasting to international powers of attorney and predatory-marriage safeguards, advisers say the need for early, coordinated planning has never been greater.
The human cost of procrastination
In 2024, in the previous Elder Law article from Citywealth, we heard from advisers who warned that reluctance to plan remains one of the greatest risks facing families. One of those was Sally Ashford, Partner at Charles Russell Speechlys, who advises high-net-worth families and business owners on succession planning and complex family governance. She said: “Many families delay confronting capacity and care issues until it becomes unavoidable. I’ve had parents in their seventies finally seeking help for adult children with mental health or capacity issues, often after years of quiet worry. There’s a real embarrassment in asking for help, people feel they should cope, but delay only makes the situation harder.”
Her observations underline a recurring theme: even as technology and longevity reshape elder law in 2025, human hesitation continues to complicate proactive planning.
Technology meets testamentary planning
James Mabey, Partner at Winckworth Sherwood, is a Private Client partner advising individuals, trustees and executors on wealth preservation and cross-border structures. “Researchers at the University of Cambridge have developed an artificial intelligence tool that can forecast whether someone showing early symptoms will go on to develop Alzheimer’s disease – and how quickly. The model, published in eClinical Medicine, proved accurate in more than 80 per cent of cases, nearly three times better than existing clinical tools. By analysing routine, non-invasive data such as MRI scans and memory tests, it could give families valuable time to plan care and finances before symptoms worsen.”
“Early and reliable insight into cognitive decline can also give individuals the opportunity to get their affairs in order. Having an up-to-date Will and Lasting Powers of Attorney in place allows trusted people to manage finances or make health decisions if capacity is lost. Without them, loved ones may face a slower and more costly court process. This breakthrough not only offers hope for dementia research but also the most precious resource of all, time to prepare.”
Mabey’s comments reflect a broader shift in elder law, one where technology and medicine are beginning to intersect with estate and capacity planning worldwide.
Understanding capacity: medical and legal frameworks
The National Center for Biotechnology Information, recently published this content. “Medical experts emphasise that mental capacity in older adults is both task-specific and time-specific, meaning a person may be capable of making some decisions but not others, and that ability can fluctuate with conditions such as dementia, delirium, or acute illness.
Two key steps: identifying an impairment and understanding and retention
Clinicians assess capacity through two key steps: first, identifying whether there is an impairment of the mind or brain; and second, determining if the individual can understand, retain, use or weigh relevant information and communicate a choice. Age alone does not determine incapacity, yet common conditions such as sensory loss, cognitive decline, and multiple chronic illnesses often complicate decision-making. Medical professionals are advised to support decision-making wherever possible, using clear communication and aids, and only move to “best interests” decisions when capacity is demonstrably lacking.”
Over or under attribution
Experts also warn of the risk of over- or under-attributing incapacity. Making an unwise choice does not in itself mean a person lacks capacity, while subtle impairments can be missed, leading to invalid consent or vulnerability to exploitation. Clinicians increasingly recognise that decision-making ability depends not only on cognition but also on environment and physical function, ideas reflected in the World Health Organization’s “intrinsic capacity” framework. As populations age, both medical and legal systems must work closely to balance autonomy and protection, ensuring assessments are thorough, well-documented and ethically grounded.
Financial abuse by relatives
Also in 2024 Jemma Garside, Partner at Kingsley Napley, who specialises in Court of Protection matters, including deputyships and statutory wills for vulnerable clients, said: “The Court of Protection has a huge backlog now, we can be appointed for clients and not get the Order for up to a year. Often, we discover financial abuse by relatives who held LPAs but misused them. We then must locate the client, identify their assets, and rebuild their affairs. It shows how vital early legal structure and oversight are before capacity declines.”
Her comments reveal the practical challenges behind the clinical process of assessing capacity, reminding readers that legal safeguards must keep pace with medical realities.
US perspectives: planning and guardianship
Across the Atlantic, advisers in New York and beyond are confronting similar trends, with clients from multiple jurisdictions facing shared challenges of ageing, incapacity, and inheritance.
The importance of exercise and diet in later years
Joshua S. Rubenstein, Partner, National Chair, Private Wealth, Katten Muchin Rosenman, is Global Chair of Private Wealth at Katten with decades of cross-border trusts and estates experience. “It is not surprising that AI is predicting an uptick in cases of Alzheimer’s disease. As people continue to live ever longer, their chances of suffering ever diminishing capacity during the extra time they are gaining must sadly increase as well. For medical advisors, this of course underscores the importance of exercise and diet in one’s later years. But for planning professionals, it underscores the importance of making sure that our clients have living wills, health care proxies and powers of attorney in place, hopefully to eliminate the needs for guardianship proceedings during these later years, and of making sure that wills and trusts are as current as possible at all times, lest the time come when one loses testamentary capacity.”
A guardianship proceeding (called deputyship in England and Wales) is a court process that appoints someone to make decisions for an adult who no longer has the mental capacity to do so, for example, because of Alzheimer’s disease, dementia, or brain injury.
Deep human desire to leave a legacy
Sean Weissbart, Partner and Co-Chair, Tax, Benefits, and Private Client Practice Group, Blank Rome, advises on domestic and international estate planning and tax. “The Cambridge AI model’s ability to predict cognitive decline should be a reminder for everyone of the importance of documenting their intentions. Someone who is suffering from cognitive decline may be unable to meet the standard to sign a valid Last Will and Testament or other estate planning documents providing burial instructions or naming an individual to make medical or financial decisions. What unites clients from all walks of life is the deep human desire to leave a legacy and ensure that those they trust most have the legal ability to make the most personal and significant choices on their behalf. Knowing you have thoughtfully done so can provide enormous peace of mind for the road ahead.”
Technology, family offices and shifting structures
Robert Agresta, Partner, McLaughlin & Stern, New York, advises family offices and UHNW clients on governance, succession and the intersection of technology and legacy. “Estate planning is shifting from a process once deferred until later life to an intentional, early practice that integrates health, wealth, and legacy. Clients now engage daily with data from diagnostics, wearable technology, and emerging predictive AI models such as Cambridge’s, which anticipates cognitive decline and other medical conditions years in advance. As baby boomers begin transferring an estimated $84 trillion to millennials over the coming decades, this data is promoting agency and encouraging more thoughtful, sophisticated planning well before capacity wanes. For those still planning later in life, these technologies introduce new ethical responsibilities to guide clients in ways that empower rather than stigmatize. The irony is that in a world becoming increasingly artificial, it remains our duty to provide counsel that remains deeply human.”
Extraordinary medical expenses
Daniel G. Fish, Trusts and Estates Partner, also at McLaughlin & Stern, New York, is an elder-law specialist advising on Medicaid planning and long-term care funding strategies. “Alzheimer’s disease brings with it an exposure to extraordinary medical expenses. It is not covered by Medicare or traditional health insurance because those health insurance programs only cover ‘skilled care’ and do not cover ‘custodial care.’ Skilled care is the type of medical care that can only be provided by a trained medical professional such as a doctor, nurse, physical therapist, speech therapist or occupational therapist. Custodial care can safely be provided by someone without an advanced medical degree. Examples of custodial care include assistance with dressing or feeding. An early diagnosis of Alzheimer’s disease gives a person an opportunity to explore alternative funding options such as long-term care insurance or Medicaid.”
Safeguarding vulnerable clients — reform on the horizon
In the UK, legal professionals are also adapting to a rapidly ageing population and new reforms aimed at protecting vulnerable individuals.
Abuse and financial exploitation rising
Alice Johnson, Private Client Associate at Druces, works across trusts, Court of Protection applications and safeguarding vulnerable clients. She warned last year that: “Elder abuse and financial exploitation are rising sharply, particularly since the pandemic. It’s more likely to occur in private households than institutions. Setting up Lasting Powers of Attorney and ensuring proper oversight through the Court of Protection or professional deputies can prevent serious loss and distress.”
Doctor’s reluctance to be involved
She also pointed to a growing reluctance among doctors to perform capacity assessments because of litigation risk and limited training, forcing families to rely on private medical experts, a reminder that even well-intentioned reforms can add cost and delay.
According to the Office for National Statistics (ONS), 43% of UK families in 2022 had no children living at home, around 8.3 million households. With fewer relatives available to provide support, reliance on professional deputies, trustees and digital tools is expected to grow sharply over the next decade.
Emotional and practical challenges
Amanda Nelson, Partner, Tax, Trusts, Wills & Probate, Lester Aldridge, specialises in tax planning for UK and internationally mobile families, with Court of Protection experience. “Increasingly, we’re seeing elderly clients struggling with economic insecurity caused by perceived political uncertainty, pension and inheritance tax reforms, and the possibility that they may live for some time, but not necessarily without significant long-term care costs. Their children are grappling with the emotional and practical challenges of supporting vulnerable parents, especially where capacity might be in question. We work closely with families to navigate estate, succession and asset protection planning, often across generations, usually in harmony but sometimes where there may be conflicting interests. The proposed reforms under the Wills Act 2025, particularly around predatory marriages and will revocation, are a welcome step towards better safeguarding vulnerable individuals. When urgent legal intervention is needed, such as deputyship or statutory wills, our Court of Protection team, which includes an Office of the Public Guardian panel deputy, supports families through complex and sensitive situations.”
Legal planning needs to keep pace with tech
Parisa Jones, Partner also at Lester Aldridge, added: “The ability for AI to predict Alzheimer’s and the progression of the disease is an extraordinary development. It acts as a timely reminder of the importance of early, proactive and careful legal planning, giving people the opportunity to take control and put in place Wills and LPAs, whilst they still have the ability to do so. These documents are fundamental to protecting autonomy, dignity and safeguarding assets. They allow people to decide who should manage their affairs, who can make healthcare decisions, set out what will happen to their estates after they have passed away and how their family’s interests can be protected. As technology reshapes how we anticipate health risks, it is vital that legal planning keeps pace. The earlier people act, the more choice and control they retain, for themselves and those they care about.”
Litigation trends: will disputes are rising
These risks are no longer theoretical, data show a sharp rise in inheritance disputes and capacity-related litigation.
According to Ministry of Justice figures obtained by TWM Solicitors, the number of legal challenges to the validity of Wills has risen by 61% in just five years, from 76 cases in 2020/21 to 122 in 2024/25. The firm attributes the surge to later inheritance, rising dementia rates, and increasingly complex family structures, all of which make capacity and influence disputes more likely. With more people living into advanced age and accumulating significant assets, families are now more willing, and financially able, to contest Wills they believe are unfair or invalid.
Will disputes are costly
Stuart Downey, Dispute Resolution Partner at TWM, leads the firm’s Will, Trust & Estate Disputes team and is experienced in complex ACTAPS matters. He notes: “Disputes over Wills can be extremely costly, stressful and damaging to family relationships. The best way to avoid them is through careful estate planning, taking professional advice early, and ensuring your wishes are clearly documented and regularly reviewed.”
Vulnerable children also need planning
In 2024, Citywealth also heard from Ronni Davidowitz, Partner at Katten Muchin Rosenman in New York, who heads the firm’s New York Private Wealth group. She emphasised the value of neutral oversight: “Parents of vulnerable children should consider corporate trustees. They are objective, experienced and less likely to be swayed by family tensions. We often match clients with trustees early, before any emergency, so they can build trust. Waiting until the last-minute limits everyone’s options.”
Her advice still resonates in 2025, when family structures are more complex than ever and assets span multiple jurisdictions. Independence, transparency and preparation remain the strongest protections.
Looking ahead: proactive over reactive — with tech and consent
Malky Chaloner, Partner at city law firm DMH Stallard, is a Chartered Tax Adviser, advising on trusts, philanthropy and later-life planning. She added: “Decisions as to whom to appoint as your attorney, who should assist your loved ones who need help as you get older, setting up trusts for vulnerable family members, considering your Will and your own mortality, can be overwhelming even in the most straightforward of circumstances, no matter how old you are. However, burying your head in the sand can end up limiting your options, costing more and adding degrees of complexity that could have been avoided by planning ahead. Taking steps to get advice as early as possible is undoubtedly beneficial for all involved. Conversations that might feel awkward now are likely to prevent challenging consequences in the future.”
Technology brings new responsibilities
Elder law in 2025 is no longer simply about reacting to decline; it is about anticipating it. The rise of AI-driven screening tools, wearable health monitors and digital diagnostics means that signs of cognitive or physical decline can be detected earlier than ever before. For families and their advisers, this shift transforms elder planning from a reactive process into a proactive, data-informed one, offering more time to make thoughtful legal and financial decisions while capacity remains intact.
Yet experts also warn that technology brings new responsibilities and sensitivities. Data privacy, algorithmic bias and over-reliance on digital results can all undermine trust if not handled carefully. There are also practical and ethical questions when an older person chooses not to engage with new technology, whether from concern, discomfort or lack of digital literacy. AI may flag risk, but it cannot replace consent, professional judgment, or the human understanding required in sensitive family situations. Used wisely, these innovations can enhance rather than replace the fundamentals, clear legal documents, trusted attorneys and open communication. From Lasting Powers of Attorney and cross-border estate structures to medical forecasting and family dialogue, preparation remains the surest protection against conflict. As populations age and inheritance disputes continue to rise, the professionals featured here agree that the real legacy of good planning, supported by smarter technology and grounded in respect for autonomy, is peace of mind for individuals, families and future generations.
Key Takeaways
- The world is ageing rapidly, with over 800 million people aged 65 or older, creating a need for robust elder law planning.
- Proactive planning is essential, as delays in addressing capacity and care issues can lead to complications for families.
- Technology, including AI, plays a crucial role in forecasting health issues like Alzheimer’s, urging early estate planning.
- Legal frameworks must adapt to these changes, ensuring assessments of capacity consider both medical and environmental factors.
- Elder Law 2025 faces challenges from rising financial abuse, inheritance disputes, and the need for better oversight amidst changing family structures.
Estimated reading time: 14 minutes
Charles Russell Speechlys’ Citywealth Leaders List profile
Kingsley Napley’s Citywealth Leaders List profile
Joshua S. Rubenstein’s Citywealth Leaders List profile
Katten Muchin Rosenman’s Citywealth Leaders List profile
Alice Johnson’s Citywealth Leaders List profile
Druces’ Citywealth Leaders List profile
Amanda Nelson’s Citywealth Leaders List profile
Lester Aldridge’s Citywealth Leaders List profile
Stuart Downey’s Citywealth Leaders List profile
TWM Solicitors’ Citywealth Leaders List profile
Ronni Davidowitz’s Citywealth Leaders List profile
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