Elder Law Prof Blog

Soon No More SSN on Medicare Cards

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.

American Society on Aging Course on Elder Mistreatment

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).

New Casebook: Caring For Older People in an Ageing Society

Last week I received an email from the Hastings Center with the subject line "What Do We Owe the Frail Elderly?"  This intrigued me because I often have a conversation with my students about what, if anything, we "owe" the generation before us. I typically have this conversation in the context of discussing funding of public benefits and other programs specifically for America's elders.   Here is the information about the casebook

A woman juggles caring for her aged father at home and going to work. A volunteer cares for an 83-year-old man who lives alone and wonders why the man’s son doesn’t take more of an interest. Staff members at a nursing home, discussing a patient with dementia who hits staff members, consider whether it’s acceptable to control his behavior with antipsychotic medication, knowing that antipsychotics increase the risk of stroke in people with dementia. These are three of the 10 cases in Caring for Older People in an Ageing Society, the second edition of an online bioethics casebook launched this week. The casebook aims to support professional and family caregivers by helping them recognize and respond to situations that pose ethical uncertainty... The bioethics casebook was the product of a project with the National University of Singapore Centre for Biomedical Ethics, The Hastings Center, and Oxford University’s Ethox Centre. Explore the Casebook. 

Additional information about the book is available from The Hastings Center website: "an innovative web-based casebook that focuses on ethical challenges of caring for people in an aging society. It is geared to those who provide community-based care to frail or chronically ill people living at home, in a family member’s home, or in a nursing home. The casebook will include fictional cases along with ethics commentaries, clinical perspectives, reflection and discussion questions, and other resources...."

This second volume of the casebook focuses on elders while the first volume focuses on difficult decisions. For more information, click here.
 

Memorial Day 2017

This is my family's first Memorial Day without our family's patriarch. Dad had a long life -- one month shy of 92 years -- of public service that began with his years in the Navy.

Thinking of all those family members with longer and even deeper reasons to honor their loved ones.  

 

 

Talking Elder Abuse Toolkit

With World Elder Abuse Awareness Day next month, I was particularly interested in the Frameworks Institute Toolkit on talking elder abuse.  Talking Elder Abuse is divided into 6 parts: introduction, big picture, anticipating public thinking, guides to key framing, sample communications and other resources.

This toolkit is designed to help experts and advocates who work in this field to increase public understanding of

• why elder abuse is a matter of public concern
• the causes of elder abuse, including the social determinants and environmental factors that can foster the occurrence of abuse, and
• what solutions can most effectively prevent elder abuse, address existing cases, and improve the conditions and wellbeing of those who have experienced abuse.

This toolkit, sponsored by Archstone Foundation, The John A. Hartford Foundation, and Grantmakers in Aging, and in partnership with the National Center on Elder Abuse at the Keck School of Medicine of the University of Southern California, models how to apply the FrameWorks Institute’s evidence-based recommendations to messages and conversations about elder abuse and related issues, in order to build public understanding and support. The kit’s materials include:

• sample communications, such as a “key points” guide and social media content, that can be adapted and repurposed for your organization’s needs
• communications examples that demonstrate the “do’s and don’ts” of the framing recommendations
• graphics that illustrate the key concepts of the recommendations
• annotations that explain the framing strategies being illustrated.

Users are encouraged to borrow toolkit language verbatim if desired—no citation or special permissions are needed—and also to adapt the examples to the immediate needs of a local communications context.

For nearly two decades, FrameWorks research has demonstrated that effective communications can help to engage the public in conversations about complex social issues—such as the causes and consequences of elder abuse and the social policies and programs that can prevent its occurrence and improve the lives of older people in the US. This toolkit is based on the findings of a two-year, multi-method study of elder abuse and aging that queried more than 10,400 Americans’ thinking on these issues. The research included expert interviews, on-the-street interviews, large-scale surveys, and persistence and usability trials. This extensive research included the development, empirical testing, and refinement of the tools and strategies offered in this toolkit.

PREPARE For Your Care

I was catching up on some reading last week when I ran into some information about the PREPARE project. PREPARE for your care  provides folks with "a range of tools to help people discuss their wishes for medical care with family, friends, and medical providers."  Voice over narration accompanies the web pages in either English or Spanish. The purpose of PREPARE is to help someone "make medical decisions for yourself and others... talk with your doctors ...[and] get the medical care that is right for you." PREPARE not only helps a person make decisions and talk to her doctors, it provides assistance with evaluating priorities, communicating one's wishes to others, and providing flexibility for the decision-maker. PREPARE also helps to ready the person for conversations with her doctors and to complete a 5-step interactive action plan.

 

LA Times Series on the Brain and Alzheimer's

Kaiser Health News ran a story about a series from the LA Times on Alzheimer's. The LA Times did a 3-part series on the brain and Alzheimer's.  The first story focused on when the brain begins to be affected, the second about the benefits of exercise and the third about 8 items to do now to protect against dementia later.  Some examples of those 8 items: exercise, eat right, don't smoke, get enough sleep, don't be isolated, be happy, and use your brain.

Loneliness Doesn't Have to Be Permanent.

Kaiser Health News ran a story about the impact of loneliness in elders. Like Hunger Or Thirst, Loneliness In Seniors Can Be Eased explains that loneliness is "fixable". 

[L]oneliness is the exception rather than the rule in later life. And when it occurs, it can be alleviated: It’s a mutable psychological state... Only 30 percent of older adults feel lonely fairly frequently, according to data from the National Social Life, Health and Aging Project, the most definitive study of seniors’ social circumstances and their health in the U.S....The remaining 70 percent have enough fulfilling interactions with other people to meet their fundamental social and emotional needs.

There are significant physical  and psychological manifestations of loneliness but the good news is that it can be resolved.  The article discusses a study on loneliness, with one result worth mentioning here, "[w]hat helped older adults who had been lonely recover? Two factors: spending time with other people and eliminating discord and disturbances in family relationships."  The study also examined loneliness prevention factors; the "study also looked at protective factors that kept seniors from becoming lonely. What made a difference? Lots of support from family members and fewer physical problems that interfere with an individual’s independence and ability to get out and about."

The article distinguishes between loneliness and isolation, an important point. The article discusses a couple of ways to alleviate loneliness: altering perceptions and investing in relationships. The article also mentions a project from The Netherlands, "a six-week “friendship enrichment program”  [with the] goal is to help people become aware of their social needs, reflect on their expectations, analyze and improve the quality of existing relationships and develop new friendships."

Growing Opposition to Consolidation of Departments of Aging into Other State Departments

As I reported here for the first time recently, Pennsylvania's Governor Wolf has proposed consolidation -- or as he prefers to call it -- unification -- of four separate administrative agencies, the Departments of Aging, Health, Human Services (formerly Public Welfare) and Drug & Alcohol Treatment Programs.  Are similar budget-driven changes occurring in your state?

As I catch up with events in Pennsylvania, I'm learning from readers about growing concerns about the possible merger.  

• As one recently retired PA legislator pointed out, there seems to be little in the way of a written plan for how services will be handled under this merger.  Rather, the merger appears mostly as a description of budget items, with a lot of "minus" signs to indicate cuts.  Perhaps by design, Pennsylvania government is often a bad example of transparency for governments.  What is the real plan, if any?  
• With the consolidation, at a minimum, older Pennsylvanians would be losing a cabinet level post, their singular, dedicated spokesperson. This would be likely to affect all future budget and programming battles.
• The timing is, to use a favorite Trump adjective, "sad."  While the leading edge of the big wave of aging baby boomers began to be felt a few years ago when those born in in 1945 started turning age 65 in 2010, the "real" need for an effective advocate is when boomers start turning age 75, age 80 and so on, the higher ages when they are more likely to need or question access to services.

Perhaps of greatest significance is the potential impact of consolidation on the process for assessment of need for services and assistance, especially Medical Assistance.  

Under the current allocation of resources, "assessment" of need is handled by individuals employed under the authority of Pennsylvania's Department of Aging.  

However, the financial allocations are currently determined under the authority of the Department of Human Services.  Consolidation might make sense on paper, but wait! 

As one of my mentors in aging, Northern Ireland's former Commissioner of Older People Claire Keatinge, says, to be helpful, fair and effective, any individual assessment of need for health care, social care and security, should be exactly that -- individualized and focused on the client,  and should not be simply a match to "what services (if any) are available."  That process-based distinction is critical to determining current and future funding priorities.

In Pennsylvania, the lion's share of budget and personnel for aging services has long been housed in the Department of Human Services (formerly Public Welfare), but those workers -- perhaps by necessity and perhaps by design, have often functioned as dedicated bean counters, as in "here's what services we fund, so do you or don't you meet the eligibility criteria?"  

By losing the aging assessment focus of the current Department of Aging, it seems likely the state would compromise, and perhaps lose entirely, the independent thinking and opportunity for critical needs-based assessment.

Several elder-focused organizations have raised these and other key points in opposition to the existing budget-based consolidation proposal.  Those active in the debate include:

• The Pennsylvania chapter of the National Association of Elder Law Attorneys (PAELA)  has asked thoughtful legislators to "oppose such consolidation" as presented in the current budget proposal.   As Pittsburgh Elder Law attorney Julian Gray testified on May 1 in state Senate hearings, a "bigger" agency is not necessarily a "better" agency. 
• Representatives for the service organization for Pennsylvania senior service workers, P4A, testified strongly in favor of the role of the Department of Aging as the advocate for the "unique needs of seniors."  Speakers focused too on the Department's historical role in protecting and managing a unique funding stream dedicated to seniors, "lottery" funds.
• Long-time practitioner and elder law guru, Jeff Marshall, has a comprehensive commentary, with links, detailing the history and importance of Pennsylvania's Department of Aging.  There's a simple bottom line expressed here -- "if it ain't broke, don't fix it."  
• Related articles

University of Illinois seeks clinical prof for new Elder Financial Justice Clinic

More on Tech and Elders

The Pew Research Center released a new report on tech use and older adults. Tech Adoption Climbs Among Older Adults explains the rise in "wired" elders:  "[a]round four-in-ten (42%) adults ages 65 and older now report owning smartphones, up from just 18% in 2013. Internet use and home broadband adoption among this group have also risen substantially. Today, 67% of seniors use the internet – a 55-percentage-point increase in just under two decades. And for the first time, half of older Americans now have broadband at home."  That seems like good news, but what about those who aren't connected? "One-third of adults ages 65 and older say they never use the internet, and roughly half (49%) say they do not have home broadband services. Meanwhile, even with their recent gains, the proportion of seniors who say they own smartphones is 42 percentage points lower than those ages 18 to 64." 

The report shows a correlation between use and age, income and education. The report discusses tech adoption by type of tech, obstacles to adoption and use, levels of engagement and perceptions of the value of tech on society. A pdf of the 23 page report is available here.

NAELA Chapter Joins as Amicus for New York Aid in Dying Case

In what is described as a "first" for the National Academy of Elder Law Attorneys (NAELA), the organization through its New York Chapter will present argument on behalf of individuals seeking to establish access to "aid in dying."  On April 27, the New York Chapter was granted leave to appear as amicus curiae in Myers v. Schneiderman before the New York Court of Appeals.  Oral arguments are scheduled in Albany on May 30, 2017.

At issue is New York's penal law prohibiting assistance in "suicides."  The original suit, filed in February 2015, sought a ruling that the statute, characterized by opponents as "antiquated," should be interpreted as not reaching the conduct of a physician that provides aid-in-dying where the patient is terminally ill and mentally competent and voluntarily seeks "terminal medication."  Alternatively, the opponents of the law argue that the statute violates the rights of privacy and/or equal protection guaranteed by the New York State Constitution. New York's trial level court dismissed the challenge as a matter of law, on the grounds that New York's penal law was "clear on its face."  

In joining the challenge to the dismissal, which was affirmed by  appellate division, New York NAELA wrote:

As an organization of lawyers who represent the elderly and persons with disabilities, the New York Chapter [of NAELA] believes that a proper interpretation of New York's "assisted suicide" laws and due consideration of Appellants' constitutional challenges should be based on a fully developed factual record.  These are issues of great moment to the elderly and those who love them and to the administration of justice in this State.  This Court should have the benefit of a hearing and findings of relevant evidence before deciding them. . . .

What would assist this Court in fairly construing the Penal Law are facts relating to aid-in-dying.  While the language of the statute is the starting point for interpretation, its words do not exist in a vacuum.   

For more on the arguments, including links to the various parties' appellate briefs in Myers, see the "End of Life Liberty Project."

 

Related articles

Support for Aid in Dying on the Increase - O'Loughlin Law Firm LLC

Save the Date: Free Social Security Webinar

Justice in Aging has announced an upcoming webinar on Social Security. Legal Basics: Social Security is a free webinar scheduled for June 13, 2017 at 2 p.m. edt. 

Social Security is a popular social insurance program administered by the Social Security Administration. It provides critical resources and economic security to many workers who are retired or have a disability, as well as to their survivors and dependents. This webinar is designed for legal services and other advocates who are just getting started in the field and others who want to learn more about the essentials of the program. This Legal Basics: Social Security webinar will cover the basics of the Social Security program and the rules surrounding it, including general information on how the program works and who is eligible to claim benefits (including spouses and children). We will also discuss other basic information such as timing considerations when applying for benefits, how benefits are calculated, and suggestions on where to find further information.

To register for this free webinar, click here.

 

Are You Using Social Media?

If you scoffed at this title, thinking "of course I am" then you are not alone. But, if you scoffed at this title, thinking "nope, I'm not" then you are not alone either.  The Pew Research Center Fact Tank released another News in Numbers, this time on social media use. Not everyone in advanced economies is using social media found higher usage in certain countries than others. Sweden, US, the Netherlands and Australia are top in social media use (about 70%)  by country. But what about use by age?  "The age gap on social media use between 18- to 34-year-olds and those ages 50 and older is significant in every country surveyed. For example, 88% of Polish millennials report using social networking sites, compared with only 17% of Poles ages 50 and older, a 71-percentage-point gap."  With a 71% age gap in Poland taking the #1 place in the Pew brief, the U.S. was ranked last with only a 34% age gap in social media use. 

Ombudsman Volunteers Work!

Earlier this month Kaiser Health News (KHN) ran a story about Ombudsman volunteers. Volunteers Help Ombudsmen Give Nursing Home Residents ‘A Voice’ In Their Care discusses the local ombudsman volunteers and their importance regarding a resident's quality of care.

Ombudsman’s offices, which operate under federal law in all 50 states, Washington, D.C., Puerto Rico and Guam, investigated 200,000 complaints in 2015, according to the Administration on Aging, a part of the Department of Health and Human Services.

Of those, almost 117,000 were reported to have been resolved in a way that satisfied the person who made the complaint, and about 30,000 were partially resolved. At the top of the list were problems concerning care, residents’ rights, physical environment, admissions and discharges, and abuse and neglect.

Ombudsmen volunteers have a right to enter a long term care facility and talk to residents or anyone else. They investigate complaints and can find issues on their own, and maintain confidentiality.  The article emphasizes the importance of volunteer ombudsmen to the success of the programs. There's more involved than putting your name on a list. Ombudsmen volunteers go through training, must pass background checks, are supervised on a few first visits and attend monthly meetings.   The article notes the spectrum of experience held by the volunteers but identifies one commonality, "an abundance of compassion."

Webinar: Successful Investigation & Prosecution of Financial Exploitation

The Justice Clearing House has announced an upcoming webinar scheduled for June 20, 2017 at 3 p.m. edt.  Paul Greenwood, Prosecutor from California will present How to Overcome Barriers to Successful Investigation and Prosecution of Elder Abuse Cases.

Drawing upon his 21 years experience of prosecuting both physical and financial elder abuse and neglect felony cases, Paul will highlight some common misconceptions that often hinder the pursuit of justice for elderly victims. He will provide examples of how such barriers can be avoided and will emphasize the importance of a multi-disciplinary approach that should be led by local prosecutors in every jurisdiction. He will confront likely “excuses” as to why certain cases cannot be prosecuted such as “It’s just a civil matter” or “She has dementia and therefore won’t make for an effective witness” or “he gave the money voluntarily so there is no crime.”

To register, click here.

Medicare Out of Pocket Costs: More Than You May Think

The Commonwealth Fund has released a new issue brief regarding Medicare out of pocket costs. Medicare Beneficiaries’ High Out-of-Pocket Costs: Cost Burdens by Income and Health Status examines the out of pocket costs faced by Medicare beneficiaries" "Fifty-six million people—17 percent of the U.S. population—rely on Medicare. Yet, its benefits exclude dental, vision, hearing, and long-term services, and it contains no ceiling on out-of-pocket costs for covered services, exposing beneficiaries to high costs."  The issue brief concludes that

More than one-fourth of all Medicare beneficiaries—15 million people—spend 20 percent or more of their incomes on premiums plus medical care, including cost-sharing and uncovered services. Beneficiaries with incomes below 200 percent of the poverty level (just under $24,000 for a single person) and those with multiple chronic conditions or functional limitations are at significant financial risk. Overall, beneficiaries spent an average of $3,024 per year on out-of-pocket costs. Financial burdens and access gaps highlight the need to approach reform with caution. Already-high burdens suggest restructuring cost-sharing to ensure affordability and to provide relief for low-income beneficiaries.

The Commonwealth Fund used 2 "indicators" in doing the research, the "High total cost burden" and "underinsurance". The issue brief notes that lower-income beneficiaries may have significant out of pocket costs. "When premiums, cost-sharing, and spending on uncovered services are included, more than one-fourth of all beneficiaries (27%)—an estimated 15 million people—and two of five beneficiaries with incomes below 200 percent of the federal poverty level spent 20 percent or more of their income on health care and premium costs in 2016." As far as the other indicator, the Commonwealth Fund found "that one-fourth of beneficiaries are underinsured—that is, they spend at least 10 percent of their total annual incomes on medical care services, excluding premiums. Of beneficiaries with incomes below the poverty level, one-third spent 10 percent or more... Despite having Medicare or supplemental coverage, these people are effectively underinsured." (citations omitted).

The brief concludes with these observations:

Despite the substantial set of benefits that Medicare provides, many beneficiaries are left vulnerable because of financial burdens and unmet needs. As Medicare enters its sixth decade and the baby boom population becomes eligible, the costs of the program will increase, likely placing it on the policy agenda. Despite Medicare’s notable recent success in controlling costs per beneficiary, total spending will increase as the program covers more people.

The high financial burdens documented in this brief illustrate the need for caution. Half of Medicare beneficiaries have low incomes; one-third have modest incomes (200% to 399% of poverty). Any potential policy should first consider the impact on beneficiaries.

Access and affordability remain key concerns. In any discussions of potential Medicare reform, it will be important to pay particular attention to consequences for those vulnerable because of poor health or low income. Indeed, the findings point to the need to limit out-of-pocket costs and enhance protection for low-income or sicker beneficiaries.

As the single largest purchaser of health care in the country, Medicare policies directly influence insurance and care systems across the country. With a projected one-fifth of the population on Medicare by 2024, keeping beneficiaries healthy and financially independent is important to beneficiaries, their families, and the nation. (citations omitted).

Elder Financial Abuse Video from Pennsylvania Departments of Banking and Aging

Here's a seven-minute video on elder financial abuse, focusing mostly on "scam artists," from the Pennsylvania Departments of Aging and Banking & Securities.  You might find this useful for classes.

I found the discussion of "mild cognitive impairment" interesting, especially as it allows a conversation about planning without the dreaded words, dementia or Alzheimer's Disease.

Preventative "Support Visits" Starting at Age 75 under Consideration in Northern Ireland

On May 10, 2017, my research colleagues Gavin Davidson (Queens University Belfast) and Subhajit Basu (University of Leeds) participated in a policy briefing at Stormont, the Northern Ireland Assembly in Belfast.  They appeared in support of recommendations by the Commissioner of Older People (COPNI) Eddie Lynch on a major plan for modernization of social care programs for vulnerable adults (of any age).

Professors Davidson and Basu focused on three key recommendations:

1. Northern Ireland should have a single legislative framework for adult social care with accompanying guidance for implementation. This could either be new or consolidated legislation, based on human rights principles, bringing existing social care law together into one coherent framework.

2. All older people in Northern Ireland, once they reach the age of 75 years, should be offered a Support Visit by an appropriately trained professional. This will be based on principles of choice and self-determination and is aimed at helping older people to be aware of the support and preventative services that are available to them.

3. Increasing demands for health and social care reinforce the importance of considering how these services should be funded. All future funding arrangements must be equitable and not discriminate against any group who may have higher levels of need.

The audience, which included researchers, social service program administrators and elected officials (not only from Northern Ireland, but elsewhere, including the Isle of Man), reportedly responded strongly to the recommendations, especially to the concept of specially-trained "support visitors," offered to persons age 75 or older. The intent is to provide individuals with planning support and, where needed, medical assessment.  Guidance and information is often needed for pre-crisis planning, thus moving in the direction of prevention of crises and reduction of need for last-minute response. The support visitor concept has been used successfully in Denmark and other locations in Europe.  The next step for Northern Ireland would likely be a pilot or test project.  

As a co-author of the research reports that led to the COPNI recommendations, working with Professors Gavin Davidson and Subhajit Basu as part of a team headed by Dr. Joe Duffy of Queens University Belfast, I found it an interesting coincidence that at almost the same time as the Northern Ireland government session, I was addressing similar interests in "preventative" planning while speaking on elder abuse in a "Day on the Hill" program at the Capitol in Pennsylvania, hosted by the Alzheimer's Association.  It is clear that on both sides of the Atlantic, we are interested in cost-effective, proactive measures to help people stay in their homes safely.   

Pennsylvania Governor Pushes State Merger of Departments of Aging, Health, Human Services and Drug & Alcohol

I'm on a crash course of "catching up" now that I am back in Pennsylvania, having been away on sabbatical for the last academic year and living (mostly) in Arizona.  On May 9 I participated in a "Day on the Hill" event in Harrisburg, sponsored by the Alzheimer's Association in Pennsylvania.

To kick off the afternoon sessions, Secretary of Aging Teresa Osborne, along with Deputy Secretary of Health Corey Coleman, spoke in support  of Pennsylvania Governor Wolf's plan to merge operations of four separate state departments, that of Aging, Health, Human Services (formerly Public Welfare) and Drug and Alcohol Programs into a single department called Department of Health and Human Services.  The timeline for this decision is looming, as the Pennsylvania Legislature's budget session is scheduled to end on June 30. 

Secretary Osborne pointed out that overlapping programs between the different departments complicate the ability of the state to serve related interests.  For example, "protective services" are administered by separate units for children, disabled adults, and older adults.  While acknowledging cost savings from consolidation is certainly one goal -- as the state is in an on-going budget crisis -- Secretary Osborne expressed her strong support for a clearer organizational chart, as a way to clarify and meet the needs of Pennsylvanians on common issues.

The Alzheimer's Association is not taking a position on the consolidation, instead focusing on the state's accountability and continued or enhanced dedication to serving impaired Pennsylvanians and their families, especially caregiver family members.

For more on Pennsylvania Tom Wolf's budget plan as it affects seniors, see the PA website on the Budget Documents.  And as anyone knows who follows Pennsylvania legislative sessions, the real language and details are likely to emerge in the wee hours of the session, following a lot of horse-trading.  

Taking a Closer Look at "Gray Divorce" Statistics

Writing for the Institute for Family Studies, George Washington Law Professor Naomi Cahn and University of Minnesota Law Professor June Carbone dig into the black and white of statistics on "gray" divorce, with interesting observations. For example:

First, some good news for everyone: the divorce rate is still not all that high for those over the age of 50. Yes, it has doubled over the past 30 years: in 1990, five out of every 1,000 married people divorced, and in 2010, it was 10 out of every 1,000 married people. And yes, the rate has risen much more dramatically for gray Americans than for those under 50; in fact, there was a decline in the rate for those between the ages of 25-39. But the divorce rate for those over 50 is still half the rate for those under 50.

Divorce for older individuals often does have significant impacts for individuals in retirement, as they point out:  

These statistics don’t mean that gray divorce isn’t a problem. Those who divorce at older ages, like those who divorce at younger ages, tend to have less wealth than those who remain married, with the gray divorced having only one-fifth of the assets of gray married couples. Compared to married couples, gray divorced women have relatively low Social Security benefits and relatively high poverty rates. While gray married, remarried, and cohabiting couples have poverty rates of four percent or less, 11 percent of men who divorced after the age of 50 were in poverty, and 27 percent of the women were in poverty.

For more, read "Who is at Risk for a Gray Divorce?  It Depends."