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Category: Elder Law

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Elder Abuse Costs Rising

Bigstock-Elder-Couple-With-Bills-3557267[2]A new study suggests that the total costs from elder abuse in the U.S. continue to rise at an alarming rate.

Elder abuse is a serious problem in the U.S. This has been known for a long time. As more people live longer while suffering from some form of cognitive impairment due to age or disease, fraudsters have more and more incentive to target the elderly.

What is not often known by the general public is how frequent financial abuse of the elderly is and how costly it can be.

Recently, the Wills, Trusts & Estates Prof Blog discussed the results of a recent survey that helps to answer those questions in "Elder Financial Abuse Is Costing Americans."

The numbers are alarming: 37% of elderly caregivers report that the person under their care has been the victim of financial abuse. The average cost of the abuse to the elderly victim is $36,000. That is up 20% from two years ago when the average cost per victim was reported at $30,000.

Given the large number of elderly people in the U.S., these numbers show that a significant amount of wealth is being taken from the elderly in abuse incidents.

If you suspect that an elderly person you know is the victim of elder abuse, it is vital that you contact an elder law attorney and alert authorities. While it is often difficult to recover the lost funds, it can be done if the proper people are informed in time.

Reference: Wills, Trusts & Estates Prof Blog (Nov. 16, 2016) "Elder Financial Abuse Is Costing Americans."

 

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Right-to-Live Movement

In a counter to the right-to-die movement, one woman wants to be the face of the right-to-live movement.

You may remember the case of Brittany Maynard. Two years ago the young woman became the face of the right-to-die movement.

She was terminally ill and argued that she had the right to end her own life with a doctor's assistance to put an end to her suffering.

Since then, more states have begun debating right-to-die legislation. Not everyone agrees with the idea, however.

Stephanie Parker is a young mother of four with terminal cancer who has been denied coverage for her treatments. She could end her suffering under the law in her state, but she refuses to do so.

Parker wishes for her children to learn that death is a part of life.

She wishes to be the face of the right to live movement, as FOX News reports in "Terminally ill mom denied treatment coverage — but gets suicide drug approved."

This is an important debate, but do not be confused by the media coverage.

While the media focuses on younger people who are wrestling with the decision whether to live or not with a terminal illness, this is a much bigger issue for elderly people, their doctors and their advocates.

All over the country elder law attorneys and advocates deal with these issues on a daily basis. There are strong feelings on both sides, but most advocates believe the decision should be left up to the individual person who has a terminal illness.

An elder law attorney could advise you on the laws concerning this issue in your state.

Reference: FOX News (Oct. 24, 2016) "Terminally ill mom denied treatment coverage — but gets suicide drug approved."

 

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Human Lifespan Limit Reached

MP900182808[1]People all over the world have been living longer and longer than in previous generations. That trend might be at its end in advanced nations.

Most people would consider the fact that Americans live a lot longer on average than they used to a wonderful development. Many would like to see that trend continue.

On the other hand, it cannot be denied that extended lifespans have put a strain on many of our important services for the elderly. Medical care for the elderly can be very expensive and that has increased the cost of Medicare.

The longer people live, the longer they collect Social Security and that safety net is under stress as a result.

From that perspective it might seem a good thing that it is unlikely humans will continue to see increasing lifespans in the future, according to a report in the Guardian "Human lifespan has hit its natural limit, research suggests."

It appears biological factors limit the human lifespan to somewhere around 115 years even when people are given the best possible healthcare. If this research holds up to scrutiny, it should assist with planning when it comes to paying for Medicare and Social Security.

Of course, there are some researchers who are looking into ways to overcome the biological obstacles and extend human life even longer. So far, they have not been successful.

Reference: Guardian (Oct. 5, 2016) "Human lifespan has hit its natural limit, research suggests."

 

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Should Seniors Get Married?

Happy-old-couple[1]Getting married always comes with challenges and finances that needs to be worked out. This is especially true for people in their retirement years.

When people fall in love and decide that they want to get married, they often do not think of all of the financial consequences of their decision to wed. In the popular imagination this is something that young couples do all the time. They rush into a marriage without having first considered all of the financial implications.

However, elder law experts point out that the tendency does not go away with age.

Senior citizens are just as likely to get married without thinking everything through. That can be a problem, because seniors have more they need to think about than younger people as the Hartford Courant reports in “Fit To Be Tied? Think Twice About Marriage In Your Golden Years.”

Senior citizens considering getting married need to think about how marriage will affect all of their other plans, including retirement and estate plans. For example, a retired person might think his well-crafted estate plan to leave his assets to his children is solid and that a new wife with assets of her own will not affect those plans.  Under the law, in Maryland and DC, however, a spouse is given inheritance rights.  Therefore a retired person should contact a Maryland estate plannning attorney to review options to protect his children and the new spouse.  There are several trusts that protect a spouse during life, while leaving the underlying assets to children from a prior marriage.  Call Profit Law Firm, for consultation to find an option that works for your family.

In reality, it is almost impossible to cut a spouse out of an estate plan entirely. Consequently, whether or not the couple intends it, the new spouse is likely to inherit something without very careful planning. An estate planning

That is not to say senior citizens should never get married. They just need to think about it and visit an elder law attorney familiar with estate planning to learn about all the implications and what can be done about them.

Reference: Hartford Courant (Sept. 24, 2016) “Fit To Be Tied? Think Twice About Marriage In Your Golden Years.”

 

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Protect Access to Your Social Security Account

Elder Couple With BillsIf you receive Social Security benefits, it is very important that you that you understand how to protect your Social Security account from thieves.

Recently the Social Security Administration introduced a two-step verification process for access to Social Security account information online. Unfortunately, it required people have access to text messaging, which many senior citizens do not have.

The system had to be temporarily shelved.

That means that Social Security account information is still vulnerable according to Computer World in “Trusting the Social Security Administration?”

The problem stems from Social Security requiring that all benefits be paid by a direct deposit. Identity thieves have been known to create an online account with Social Security before a retiree can do so. This gives them control of the account and they can change the account into which benefits are deposited.

As a consequence of this scam, it is very difficult for retirees to fix the problem as they do not know the login information since they did not create the account for themselves. This has been a known vulnerability for a few years. Attempts to address the problem have not had much success.

One way to help protect yourself is to make sure you create an online account with the Social Security Administration before any identity thieves have a chance to do so. However, that will not protect you should someone gain access to your account later.

For the most protection it is suggested that you block all online access to your Social Security account, which you can do at any time.

Reference: Computer World (Sept. 4, 2016) “Trusting the Social Security Administration?”

 

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Social Security in Foreign Countries

Whether you are currently working in a different country or planning to move to one after you retire, it might still be possible for you to receive Social Security benefits.

Increasingly more and more Americans are working in foreign countries or they are planning to live in one after they retire. In a globalized economy, this trend can be expected to continue.

Americans in either situation need to know what their rights are in regard to Social Security benefits and any benefits they might have in a foreign country’s retirement program.

Recently, Public Opinion gave a quick rundown in “Social Security: Retiring overseas? What you need to know to get benefits abroad.”

Bigstock-Large-Mixed-Race-Family-2589417_(2)[1]If you have worked in the U.S., paid into the Social Security program and worked in a foreign country with a public pension program, then you may be eligible to combine payments from both programs when you retire.

The U.S. has treaties with 25 other nations that allow for this. The details differ depending on the country in question and there are provisions to make sure people cannot draw full benefits from both countries and get a windfall.

If you plan to move overseas after you retire, then you might still be eligible to receive your Social Security benefits. Most American citizens should be able to receive benefits wherever they go.

On the other hand, it is much more complicated for resident aliens who have lawfully paid into the system and wish to leave the country after retiring.

Anyone in that situation should seek the advice of an elder law attorney.

Reference: Public Opinion (Sept. 4, 2016) “Social Security: Retiring overseas? What you need to know to get benefits abroad.”

 

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Social Security Is Not Going Anywhere

Many people hear dire predictions about the future viability of Social Security and assume that the program will end before they can take any benefits. If this results in a failure to educate themselves about the program, it is a big mistake.

People have been predicting the end of Social Security from almost the very moment it was started. President Franklin D. Roosevelt was keenly aware that future generations might seek to end the program and for that reason he insisted that measures be put in place to make it politically difficult for any future politicians to scrap Social Security.

That is why, for example, benefits are not subject to means testing. Even the super wealthy can draw benefits. The idea was to make people view benefits as a right and not as just charity for the poor.

Despite that it is still common for people to believe that Social Security will be gone before they are eligible to draw benefits.

However, as the Albuquerque Journal points out in “Social Security likely here to stay, so get educated” the program is not going away anytime soon.

In fact, both Hillary Clinton and Donald Trump have pledged not to cut benefits or increase the retirement age as part of their Presidential campaigns.

What this means is that, despite warnings about the future of the program and the Social Security trust fund running out of money, you should plan as if the program will be around when you are ready to draw benefits. It is important to educate yourself about how benefits work and when you should start receiving them.

Learn your options and plan accordingly.

Reference: Albuquerque Journal (Sept. 6, 2016) “Social Security likely here to stay, so get educated”

 

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Social Security Is Not Going Anywhere

Many people hear dire predictions about the future viability of Social Security and assume that the program will end before they can take any benefits. If this results in a failure to educate themselves about the program, it is a big mistake.

People have been predicting the end of Social Security from almost the very moment it was started. President Franklin D. Roosevelt was keenly aware that future generations might seek to end the program and for that reason he insisted that measures be put in place to make it politically difficult for any future politicians to scrap Social Security.

That is why, for example, benefits are not subject to means testing. Even the super wealthy can draw benefits. The idea was to make people view benefits as a right and not as just charity for the poor.

Despite that it is still common for people to believe that Social Security will be gone before they are eligible to draw benefits.

However, as the Albuquerque Journal points out in “Social Security likely here to stay, so get educated” the program is not going away anytime soon.

In fact, both Hillary Clinton and Donald Trump have pledged not to cut benefits or increase the retirement age as part of their Presidential campaigns.

What this means is that, despite warnings about the future of the program and the Social Security trust fund running out of money, you should plan as if the program will be around when you are ready to draw benefits. It is important to educate yourself about how benefits work and when you should start receiving them.

Learn your options and plan accordingly.

Reference: Albuquerque Journal (Sept. 6, 2016) “Social Security likely here to stay, so get educated”

 

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Do You Really Need to Sell Your House to Afford a Nursing Home? Not With An Estate Plan

Bigstock-Senior-Couple-8161132[1]All too often when one spouse in a marriage needs nursing home care, the couple assumes that the only way they can pay for that care is to sell their home. That might not be the case.

Overall, Americans do a poor job of planning for their estates and making plans should they need long-term care in a nursing home. This is because so many Americans do not ever make any plans at all.

Of those that do, many choose to make their own plans and that is a mistake. Those who seek out professional planners normally have good plans.

For the many who have no plans or who have bad plans, they often receive a rude awakening when their spouse needs care in a nursing home. Many of these Americans do not think they have any other option but to sell the family home so the government will pay for the care under Medicaid.

However, that is not always the only option.

This issue was taken up recently by the Boston Globe in “Seniors have more options than selling their home.”

Before selling their homes to pay for nursing home care, seniors are advised to seek out the services of an elder law attorney. The attorney can assess the situation to determine what other options, if any, are available.  At Profit Law firm, during crisis planning, we will review the options to see if a trust, deed transfer or another option works.

The even better option is to plan ahead.

Get a professionally crafted estate plan that includes the possibility of long-term care in a nursing home. Doing so will make it far less likely that having a spouse go into a nursing home will necessitate selling the family home.  Call us for a consultation today.

Reference: Boston Globe (Aug. 20, 2016) “Seniors have more options than selling their home.”

 

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Using Social Media to Abuse the Elderly

MP900202201[1]A federal agency is cracking down on a disturbing new form of elder abuse: nursing home workers using social media to share degrading pictures and videos of nursing home patients.

Now that most people have smart phones, most people also have cameras with them at all times. Many people like to use those cameras to take embarrassing photos of others in public and post those pictures on social media accounts. It is a common enough practice that entire websites are dedicated to collecting the photographs for other people to laugh at.

When the picture was taken in public there is normally very little that can be done about it. However, it does not just happen in public. It also happens in nursing homes and the pictures are taken by nursing home employees.

That is elder abuse as WTSP reports in “Feds crack down on degrading nursing home patient pics.”

This abuse happens often enough that the Centers for Medicare and Medicaid Services has decided that action is needed. It has warned state agencies to check that nursing homes in their states have a policy on employee cell phone use that prohibits employees from taking demeaning or degrading pictures of patients in their facilities.

While a policy in and of itself cannot stop all instances of elder abuse, this is a good and necessary step.

Nursing home residents and their families should not be abused by those they entrust with their care. If you (or a loved one) is ever the victim of elder abuse in a nursing home, please call an elder law attorney for assistance and report the nursing home to the appropriate agency in your state. Profit Law Firm can help victims of elder abuse in Maryland or DC.

Reference: WTSP (Aug. 23, 2016) “Feds crack down on degrading nursing home patient pics.”

Suggested Key Words: Elder Law, Elder Abuse