Monday, June 26, 2017
LGBTQ older adults face unique challenges as they age—caused by a lifetime of discrimination and bias. LGBTQ older adults are more likely to be poor and face social isolation because of thin family support structures. They may also have difficulty visiting doctors, receiving competent care that’s tailored to their needs, or even finding an attorney who understands their issues. Since June is Pride month, and much of the point of Pride is to promote visibility of LGBTQ people, we created a short video, See Me Age in Dignity, to bring visibility to the unique needs of LGBTQ older adults as they age. Please watch the video and share it widely. This video was created as a companion piece to our 2016 Special Report on the unique legal needs of older adults.
It was worth watching last year and it's worth watching now!
Friday, June 23, 2017
Are you aware of the Coming of Age in Aging America Project, a "one hour documentary distributed by American Public Television [that] asks … 'What will it mean for us all to grow up, live and age in a society where a third of the population is over age 65?' We are an aging society – and will continue to be. Coming of Age in Aging America explores the demanding reality of this permanent transformational phenomenon."
According to the website
Coming of Age in an Aging America is an extensive public media project aimed at creating conversation and action to productively shape America as an aging society. Content was developed in collaboration with the MacArthur Network on Aging and Society.
are an aging society – and will continue to be. Coming of Age in Aging America explores the demanding reality of this permanent transformational phenomenon.
It will air June 30-July 1, 2017 on the WORLD channel.
Thursday, June 22, 2017
We previously let you know that ACTEC has released the 5th edition of its Commentaries to the Model Rules of Professional Conduct. Now ACTEC has released a new edition of their engagement letters. Engagement Letters A Guide for Practitioners (3rd ed. 2017) is available as a pdf. There are 9 chapters with introductions, explanations, checklists and forms. The introduction explains the book's organization:
Following this introduction, there is a general checklist designed to aid the lawyer before preparing the engagement letter in any trust and estate representation. The general checklist includes cross references to the specific checklists and forms that follow. Following the general checklist, there are nine chapters, each with a basic engagement letter form or specific language to be added to, or used in conjunction with, a basic engagement letter form addressing:
Chapter 1: Estate Planning Representation of One Person or Spouses;
Chapter 2: Representation of Multiple Members of the Same Family Other Than or in Addition to Spouses;
Chapter 3: Representation of Multiple Parties in a Business Context;
Chapter 4: Estate Planning Lawyer Serving as a Fiduciary;
Chapter 5: Representation of Executors and Trustees in Administration Matters;
Chapter 6: Representation of Guardians/Conservators;
Chapter 7: Probate Litigation;
Chapter 8: Dealing with Diminished Capacity or Death of a Client Not Represented in a Fiduciary Capacity;
Chapter 9: Termination of Representation.
The introduction also offers a caution regarding the use of forms, a great reminder for all attorneys.
Wednesday, June 21, 2017
According to a recent article in the Washington Post, not all family caregivers of vets are treated equally. Law makes VA treat some family caregivers better than others explains that for "veterans injured on duty, Uncle Sam pays more attention to some of their caregivers than others. The law allows the government to provide caregiver services for vets injured on Sept. 11, 2001, or after, but not those injured before that ...." On June 19, 2017, the Disabled American Veterans (DAV) organization released a report about its efforts, the "Unsung Heroes Initiative" to change the law. The DAV describes this, according to the article, as “a national campaign to raise awareness about the service and sacrifice of caregivers to America’s severely disabled veterans as well as the inequities of supports available, particularly for those injured before 9/11.” Bills are before Congress to change the law "that would make all veterans, no matter when they served, eligible for the caregiver support." The article also references a recent Veterans' Affairs Committee hearing on budgets, with testimony, etc. available here.
You are reading this blog either on your computer, your smart phone, your tablet, or some other device that I didn't mention. You are not likely reading this in hard copy. What about your daily dose of news in the morning? Do you read a physical copy of a paper? Is a morning news show (television or radio) part of your routine? If you are in the group of folks 50 and over, more and more you are likely reading your news on a mobile device, according to a report released by Pew Research Center. A fact tank report, Growth in mobile news use driven by older adults tells us the uptick is strong: "[m]ore than eight-in-ten U.S. adults now get news on a mobile device (85%), compared with 72% just a year ago and slightly more than half in 2013 (54%). And the recent surge has come from older people: Roughly two-thirds of Americans ages 65 and older now get news on a mobile device (67%), a 24-percentage-point increase over the past year and about three times the share of four years ago, when less than a quarter of those 65 and older got news on mobile (22%)." Those in the 50-64 age group also show a strong adoption of news on mobile devices with "79% now get news on mobile, nearly double the share in 2013. The growth rate was much less steep – or nonexistent – for those younger than 50."
Why this increase you wonder? Wonder no more. The report explains the growth is partially due to the fact that fewer of elders had been using mobile devices for their news, so there was opportunity for greater adoption than younger age groups who were already strong adopters. So even though more elders are using mobile devices for their news, it doesn't mean they are liking it! The report explains that those 65 and older aren't particularly keen on doing so with "[o]nly 44% prefer mobile ... [and] those 50 to 64 ... prefer to get their news on mobile (54%), up from about four-in-ten (41%) a year ago."
Tuesday, June 20, 2017
Consider those who need home health care but say no. Kaiser Health News recently ran a story on this very topic. Some Seniors Just Want To Be Left Alone, Which Can Lead To Problems explain that the percentage of those who want to be left alone is higher than you may think. "As many as 28 percent of patients offered home health care when they’re being discharged from a hospital — mostly older adults — say “no” to those services, according to a new report." The report is from a roundtable that was sponsored by the Alliance for Home Health Quality & Innovation and United Hospital Fund. The report, I Can Take Care of Myself: Patients' Refusals of Home Health Care Services runs 23 pages.
Here are highlights of the report (found on page 1):
Medical care is moving from hospitals and other institutions into the community, which for most people means care at home, where they want to be. With shorter hospital stays and more complex post-discharge needs, the importance of home health care services, including skilled care and personal care, in discharge planning and transitional care is increasing.
Some studies show that patients who receive home health care after hospital discharge are less likely to be readmitted. Other studies show that patients who receive home health care report better quality of life.
Although data are limited, approximately 6-28 percent of patients eligible for home health care refuse these services, for a variety of reasons.
Even less is known about the process by which hospital staff identify patients for referral to home health care, how they explain these services, and how well they address the full range of patients’ and family caregivers’ transitional care needs.
Patients and their family caregivers have similar goals but may have different needs and attitudes about home health care.
Policy and system barriers to accessing services include inflexible criteria for eligibility, inadequate payment for home health care agencies’ services for patients with complex conditions, and shortages of trained workforce.
Recommendations from Roundtable participants include interventions that improve communication about care challenges and home health care services, qualitative and quantitative research on all aspects of home health care refusals, policy changes to increase access and coordination, and continuity across providers and care settings.
Monday, June 19, 2017
The Denver Post reported recently that the Denver DA and the Denver Police are taking steps to combat elder and vulnerable adult abuse. Denver DA, police form units to protect elderly, developmentally disabled explains that the DA has created a division within the office on elder abuse. As well the Chief of Denver PD has established a special victims unit for elders and vulnerable adults who are victims of abuse. The DA's division "will focus on physical abuse and neglect crimes against at-risk adults aged 70 or older, as well as adults with intellectual or developmental disabilities ... [as well as] prosecute financial fraud cases that target at-risk adults." The PD unit will work together with DA investigators and social workers to investigate reports.
Colorado uses age 70 for victims of elder abuse, and the law includes mandatory reporting. The law seems to be having a positive effect, based on the statistics in the article: "the number of Denver police investigations related to at-risk adults climbed adults climbed 271 percent from 228 to 847 cases between 2013 and 2016, according to department statistics. Elder abuse cases make up the bulk of the cases. Police investigated 735 elder abuse cases in 2016, a 418 percent increase above the 142 cases investigated in 2013."
Thursday, June 15, 2017
When thinking about Social Security for retirement purposes, we know that recipients can be confused about when to draw benefits. But it may also be unclear what type of benefits are available for certain beneficiaries. So Kiplinger's Social Security quiz is a quick and easy way to test your Social Security knowledge. The 10 multiple choice questions covers topics such as early retirement, spousal benefits, the effect of divorce, dependent benefits, the trust fund and the future of Social Security. Check it out!
Wednesday, June 14, 2017
Kiplinger has a nifty quiz for you to test your knowledge about estate planning. The quiz, What Do You Know about Wills and Trusts? Test Your Estate-Planning Smarts consists of 10 multiple choice questions with explanations once you have answered a specific question. Take the quiz - it only takes about 5 minutes. Your results are instantaneous and you can compare your knowledge against the rest of us (the average is 7 correct answers out of 10). If you teach Trusts & Estates, this would be a good exercise to give during the first class!
According to a recent story in Investment News, FINRA is going to provide brokerages with more guidance on dealing with "rogue brokers." Finra CEO Robert Cook promises to give brokerages more guidance on overseeing rogue brokers explains that "[FINRA] intends to help brokerages better identify and supervise brokers with checkered disciplinary histories who may pose risks to investors. In coming months, the broker-dealer self-regulator will delineate [FINRA's expectations]...." The article relates pressures on FINRA to do something about brokers that move from firm to firm.
At its May meeting, Finra's board advanced proposals that would allow tougher penalties for brokers with certain past infractions, enable disciplinary hearing panels to restrict the activities of brokers and firms while a case is on appeal, and require firms to strengthen supervision while a "disqualification request" is under review or a broker is appealing a hearing decision.
There's a working group on this issue and FINRA is considered other measures, with any final regs needing SEC approval.
Monday, June 12, 2017
Parts of the Department of Labor Fiduciary Rule is finally in effect, but whether the rule with stay or be repealed remains to be seen. Investments News ran a recent article, DOL fiduciary rule takes effect, but more uncertainty lies ahead. The article explains that "[t]wo provisions of the measure, which requires financial advisers to act in the best interests of their clients in retirement accounts, become applicable [June 9th]. One expands the definition of who is a fiduciary, and the other establishes impartial conduct standards." According to the article, the entire rule is scheduled to go into effect January 1, 2018, but that may be delayed since the agency is undertaking regulatory reviews as part of the mandate from the administration. As far as the 2 regs in effect, the article explains that those "will govern adviser interactions with clients in retirement accounts. Under those provisions, advisers must give advice that is in the best interests of their clients, charge reasonable compensation and avoid "misleading statements" about investment transactions and what they're being paid." There is a grace period until July 1, 2018 regarding advice being given to clients, as long as the "fiduciaries who are working diligently and in good faith to comply with the fiduciary duty rule."
The article also mentions that the SEC has asked for comments regarding fiduciary duty.
Perpetrators of financial exploitation and other forms of elder abuse may exert undue influence to control the decision-making of their victims. Learning to recognize signs of undue influence will help legal and aging network service providers prevent or redress elder abuse and enhance victims’ access to justice.
Lori Stiegel and Mary Joy Quinn, nationally recognized experts on elder abuse and undue influence, will present this advanced webinar, Elder Abuse: The Impact of Undue Influence, to help legal and aging network professionals understand the dynamics and indicators of undue influence, and the relationship of this psychological process to elder abuse and guardianship.
During this training, Lori will discuss the concept and its connection to capacity and consent, tactics and process, and legal remedies. Mary Joy will provide an example of how undue influence is defined in California law and share an undue influence screening tool for Adult Protective Services that lawyers and other professionals should be aware of and can use in their own practice.
To register for the webinar, scroll to the bottom of the page and click on the register now button. .
Friday, June 9, 2017
Kiplinger's ran an article about less noticed veterans benefits. Vets, Don't Miss Out on 'Hidden Benefits' discusses life insurance, hearing aids, spouse and dependent benefits (DIC), health insurance, directed care, Agent Orange benefits, Aid & Attendance, home modification and coverage for conditions from the water at Camp Lejeune to name a few. The article offers information about eligibility, where to get help, how to apply for benefits and more.
Thursday, June 8, 2017
World Elder Abuse Day is June 15, 2017. Here is the info from the Administration for Community Living
Each year, an estimated 5 million older adults are abused, neglected, or exploited. Older Americans lose an estimated $2.6 billion or more annually due to elder financial abuse and exploitation, funds that could be used to pay for basic needs such as housing, food, and medical care. Unfortunately, it occurs in every demographic and can happen to anyone—a family member, a neighbor, even you. It is estimated that only one in five of these crimes are discovered.
World Elder Abuse Awareness Day (WEAAD) was launched on June 15, 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations (UN). WEAAD aims to provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic, and demographic processes affecting elder abuse and neglect. In addition, WEAAD is held in support of the UN International Plan of Action acknowledging the significance of elder abuse as a public health and human rights issue. This observance serves as a call-to-action for individuals, organizations, and communities to raise awareness about elder abuse, neglect, and exploitation.
Access the latest World Elder Abuse Awareness Day campaign materials available from the USC Center on Elder Mistreatment . Logos, web banners, stationary templates, sample press releases, and more are available.
Tuesday, June 6, 2017
Our exclusive Retirement Savings Calculator will help you estimate the future value of your retirement savings and determine how much more you need to save each month to reach your retirement goal. Actual results will depend on how much you contribute to your retirement accounts, the rate-of-return on your investments, and how long you live. (The calculator does not take taxes on your retirement income into account so your actual spendable income will be less.)
Try it out. It really is quick and easy. It would be a great tool to use with our students to get them thinking about financial security and the importance of planning for retirement.!
Monday, June 5, 2017
I'm just going to start off with my opinion on this latest action by CMS: bummer. Now I'll tell you what CMS is doing and you can decide if you agree with their course of action, or not. As you may recall, last fall CMS issued the revised nursing home regs (which we've blogged about before-you can search the archives for them, if you want). One of the regs getting a lot of attention was the reg that prohibited the use of pre-dispute arbitration clauses in nursing home admission contracts. Now CMS has announced they are reversing course. They will no longer prohibit pre-dispute arbitration clauses under the proposed amendment to the rule. Instead the proposed rule allows the use of arbitration clauses if certain notice requirements are met. The summary explains that CMS
would revise the requirements that Long-Term Care (LTC) facilities must meet to participate in the Medicare and Medicaid programs. Specifically, it would remove provisions prohibiting binding pre-dispute arbitration and strengthen requirements regarding the transparency of arbitration agreements in LTC facilities. This proposal would support the resident’s right to make informed choices about important aspects of his or her health care. In addition, this proposal is consistent with [CMS] approach to eliminating unnecessary burden on providers.
The specific amendments to 42 C.F.R. 483.70(n) appear on pages 20-21 of the notice. The notice is scheduled to be published in the Federal Register on June 8 and the comment period closes 60 days thereafter.
Sunday, June 4, 2017
The New York Times ran an article giving an update on California's aid-in-dying law. The numbers are not from state officials but come from Compassion in Choices. They report "at least 504 terminally ill Californians have requested a prescription for life-ending drugs since a state law allowing physician-assisted deaths went into effect in June 2016... [representing] ... those who have contacted Compassion & Choices...." The article notes that once the state publishes the required data there will be a more accurate picture of the law's application. The article also references the number of facilities that have written policies on recognizing the prescriptions. The article also reminds us that a lawsuit had been filed some time back to challenge the law, with a hearing scheduled for June 16, 2017.
Thursday, June 1, 2017
Kaiser Health News ran an interesting story about the need for a team for aging. Putting In Place An A-Team Of Allies reports on elders who met to talk about those who would be "allies" going through the aging process, especially for those who have no nearby family. One participant, Mr. Gordon, described his allies system:
The setup has four tiers. In the first are three close friends who have powers of attorney for legal, financial and health care decision-making, should Gordon not be able to handle these responsibilities.
In the second are more than 25 friends and acquaintances whom Gordon — disabled by degenerative motor neuron disease — can call on for a ride to the doctor or a trip to the grocery store.
In the third tier are Gordon’s primary care doctor, lawyer and financial adviser, with whom he has close personal relationships. In the fourth are helpers he pays for services, including a driver and a handyman.
The article gives some examples of those who have organized their allies and recommendations for criteria in choosing allies.
Wednesday, May 31, 2017
Let's start June off with some good news, shall we? Some time ago we let you know that Medicare was going to remove Social Security Numbers from beneficiaries' Medicare cards (can you say identity theft?). I saw a progress report about this. Medicare plans to replace Social Security numbers on cards reports an announcement from Medicare on May 30, 2017 that they are on schedule to have the cards revised with a randomly generated number replacing a beneficiary's SSN. Mail outs are planned to being in April of 2018. The final design of the card is still unknown, according to the article. The new numbers will be known as "MBI, which stands for Medicare Beneficiary Identifier." To read the press release from CMS, click here.
Tuesday, May 30, 2017
On June 12, 2017, the American Society on Aging, along with the USC Leonard Davis School of Gerontology is launching a 5 week course on elder mistreatment. Here is the course description for Elder Mistreatment: Prevention of Abuse and Neglect:
Elder mistreatment prevention is not restricted to just stopping abuse and neglect before they occur, but also encompasses bringing abuse to an end once it has begun, preventing abuse from recurring in older adults who have already been victimized, and minimizing the damage of abuse when the cycle of abuse can’t be prevented. In this five-week course, USC faculty members will introduce participants to what is known about primary, secondary, and tertiary prevention within the field of elder mistreatment, teaching some options and remedies for protecting existing victims of elder mistreatment and those who have not yet been mistreated.
The courses are open only to members of the American Society on Aging. To join or learn more, click here. The course is one in a series of gerontology courses offered by the partners. More information about the series is available here. (full disclosure, I'm on the ASA board).