Thursday, September 15, 2022

Economic Insecurity for Older Adults

Kaiser Health News ran a sobering article, ‘It’s Becoming Too Expensive to Live’: Anxious Older Adults Try to Cope With Limited Budgets.

Economic insecurity is upending the lives of millions of older adults as soaring housing costs and inflation diminish the value of fixed incomes.

Across the country, seniors who until recently successfully managed limited budgets are growing more anxious and distressed. Some lost work during the covid-19 pandemic. Others are encountering unaffordable rent increases and the prospect of losing their homes. Still others are suffering significant sticker shock at grocery stores.

The article goes on to focus on the circumstances of 3 individuals and the inpact of unexpected circumstances can have on the financial security of someone who worked hard all their lives.

Along the same lines, don't miss this article from the New York Times, Downsizing in Retirement: Expenses They Didn’t Expect. 

Focusing on unexpected expenses that arise from downsizing, such as making improvements in order to sell the house and closing costs related to the sale, the article also discusses the impact of the housing market and interest rates on the ability to sell the house, the costs incurred in finding a new home, and of course, who can forget, taxes associated with the sale of the home.

September 15, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Retirement | Permalink | Comments (0)

Tuesday, September 13, 2022

The Myriad Benefits Available to Older Persons

Kaiser Health News published a recent article that focused on the various programs and benefits for older persons that they may not know about.  While Inflation Takes a Toll on Seniors, Billions of Dollars in Benefits Go Unused offers these examples to make the point:

A few examples: Nearly 14 million adults age 60 or older qualify for aid from the federal Supplemental Nutrition Assistance Program (also known as food stamps) but haven’t signed up, according to recent estimates. Also, more than 3 million adults 65 or older are eligible but not enrolled in Medicare Savings Programs, which pay for Medicare premiums and cost sharing. And 30% to 45% of seniors may be missing out on help from the Medicare Part D Low-Income Subsidy program, which covers plan premiums and cost sharing and lowers the cost of prescription drugs.

And yes, the article acknowledges that for many programs, eligibility is based on a means test, while for others, it's just a priority.  The article offers tips to find out if an older person is eligible for any of these programs, starting with the local Area Agency on Aging.

September 13, 2022 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Housing, Other | Permalink | Comments (0)

Friday, September 2, 2022

Is Florida Still An Affordable Retirement Option?

That's the question that was asked in a recent article in the Tampa Bay Times. Is Florida still an affordable place to retire? Amid rising costs, some seniors are reconsidering. Let me set the stage with this excerpt:

Cheaper than Miami or Naples, with destination beaches and a city once nicknamed “God’s Waiting Room,” Tampa Bay has long been hailed as an affordable place to retire in The Sunshine State.

But it’s becoming untenable for many seniors to survive in the area.

While costs are climbing everywhere, Tampa Bay’s prices have outpaced the national average. Area prices rose by roughly 11% in the last year, according  to the U.S. Bureau of Labor Statistics, compared to just 9% nationally.

Retirees, who depend largely on fixed incomes, are feeling it.

Read the article and draw your own conclusions. I have.

September 2, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Retirement | Permalink | Comments (0)

Friday, August 12, 2022

Know About NORCs?

The Ocala Star Banner newspaper ran a guest column explaining NORCs.  Naturally Occurring Retirement Communities give seniors the help they need to age in place explains  that "Naturally Occurring Retirement Communities (NORCs) are self-help communities that started springing up in 1992 with the founding of Community Without Walls in Princeton, N.J. They are not a formal community, but occur naturally in neighborhoods in small cities and urban areas, and are not cohousing. " 

The article highlights the versatility of NORCs: "[w]hile NORCs were first identified in urban settings, they can be found in communities large and small. They can be geographically defined by such boundaries as an entire apartment building, a neighborhood or a more rural setting over a large geographical area comprised of one- and two-family homes. Sometimes a NORC is not a physically connected locatioh, , but loosely organized around a church, synagogue or fraternal organizations."

Thanks to Julie Kitzmiller for sending me the link to this article.

August 12, 2022 in Consumer Information, Current Affairs, Housing | Permalink

Monday, July 25, 2022

Do Federally Exempt Nursing Homes, Assisted Living, and Continuing Care Communities Also Qualify as "Institutions of Purely Public Charity?"

The latest in a series of senior-care related cases is making  its way through the Pennsylvania appellate courts, asking whether a federally tax exempt senior living facility -- one that offers a range of options including independent living, "supported" independent living, personal care, and skilled care, although it isn't licensed as a CCRC -- can also qualify for state property and sales tax exemptions. 

Pennsylvania, in ways similar to many states, allows a federal charitable tax exemption under Rev. Code Section 501(c)(3) to serve as the basis for state exemptions from income taxes, but a separate state statute sets tougher requirements to qualify as a "purely public charity" in order to avoid responsibilities to pay real property, sales and use taxes.  July 2022 PBQ Article on State Tax Exemptions.CoverNursing homes, intermediate care settings (such as personal care or assisted living), and continuing care retirement communities (CCRCs) often rely on federal revenue rulings that recognize historical grounds to exempt "homes for the aged" from taxation.  See e.g., Rev. Rul. 72-124 (also available at 1972 WL 30720).  But on a fairly regular basis, Pennsylvania taxing authorities have challenged such enterprises as not being "sufficiently" charitable.  Compare, for example In re St. Margaret Seneca Place, 640 A.2d 380 (Pa. 1994) (upholding state tax exemptions for a nursing home) with Appeal of Dunwoody Village, 52 A.3d 408 (Pa. Commw. 2012) (denying state tax exemption for a CCRC).   In September 2021, a panel of the Commonwealth Court of Pennsylvania, using a "totality of the circumstances" approach concluded that the facility failed to donate a substantial portion of its services, and failed to show it benefits a substantial and indefinite class of persons who are subjects of charity.  See  Friends Boarding Home of Western Quarterly Meeting v. Commonwealth, 260 A.3d. 1064 (Pa. Commw. 2021).


The case is now under  review for en banc consideration by the full Commonwealth Court, and there are indications the case might go all the way to the Pennsylvania Supreme Court.  Working with my former Elder Protection Clinic colleague, Douglas Roeder, Esq., we examine a series of cases and trends under Pennsylvania law, including those involving senior living enterprises,  as reasons to consider larger implications for federal and state exemptions based on charitable grounds.  See Putting the Charity Back in Purely Public Charities (July 2022). 

July 25, 2022 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Housing, Retirement, State Cases, State Statutes/Regulations | Permalink | Comments (0)

Monday, July 18, 2022

Multi-Generational Housing Article

Last week the Wt featured an article about an elder taking on a college student as her roommate. One roommate is 85, the other is 27. Such arrangements are growing. For these two roommates, they learned about each other through an agency, "Nesterly, an online home-sharing agency that matches young renters with not-so-young people looking to supplement their incomes and share their space."  The arrangement is more than just renting space. For these two roommates, "[the owner] would rent the first floor of her home to [the college student] for $700 a month in exchange for help with the housework and gardening and occasional grocery runs. And [the college student] would get a safe and spacious place to live just six miles from Boston and a 30-minute drive from her robotics engineering job in Beverly, Mass.

Is multi-generational housing growing in popularity? According to the article

About 18 percent of Americans live in multigenerational households — meaning two or more adult generations — according to a study from Pew Research Center published this year. Such arrangements have quadrupled in the United States since the 1970s, with about 60 million U.S. residents now living with adults who are of a different generation, according to the study.

Contributing to that trend is that more young people are priced out of the housing market and more seniors want to age in place, said  [the] executive director of Generations United, a D.C.-based organization that focuses on programs and policies that connect generations.
The article notes that some universities offer such intergenerational roommate matching programs.Seems like a win-win!

July 18, 2022 in Consumer Information, Current Affairs, Housing, Other | Permalink | Comments (1)

Wednesday, July 6, 2022

Podcast on Quality SNF Care

The National Consumer Voice for Quality Long-Term Care has a podcast on Pursing Quality Long-Term Care. Here is a short description of the podcast: "Long-term care is or will be a fact of life for many of us and our loved ones as we age. We all deserve care – whether in the home or in a long-term care facility – that meets the highest of standards, enhancing quality of life and ensuring the protection of rights."  You need iTunes to listen. This is one in a series of topical podcasts, which you can access here.

 

July 6, 2022 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Housing, Medicaid, Medicare | Permalink | Comments (0)

Tuesday, July 5, 2022

Planning Housing for Old-Old Age

My friend and colleague, Mark Bauer, sent me the link to this article, How to design homes for life well beyond 100. According to the article, 

The world is getting older. By 2050, the global population of people in their 80s will be three times what it is today. According to the Stanford Center on Longevity, half of all the 5-year-olds currently living in the U.S. can expect to make it into their 100s. Harvard Medical School aging researcher David Sinclair suggests that the first person to live to age 150 has already been born.

It’s too early to predict all the ways that longer lives will change society, but at least one industry is starting to make some guesses. The developers, designers, and operators of senior housing are thinking about and planning for how these demographic shifts will affect their businesses and the services they provide.

To get ahead of the curve, some are designing their facilities for people who will technically be seniors for more than 40 years. They’re learning from communities around the world where people tend to live the longest and reconsidering the golf courses and bingo halls that were once central leisure activities. They’re also trying to design features that enable people to be healthy and active as long as possible.

Here is an intriguing thought from the article-there could be 3 generations of elders from the same family living in the same housing complex! It's a thought-provoking and informative article!

July 5, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing | Permalink | Comments (0)

Wednesday, June 15, 2022

New Article on Reverse Mortgages

CNBC ran an article last month  Here’s what you need to know about reverse mortgages. Here's what the article points out

With the stock market getting volatile but the housing market still hot, reverse mortgages have become a more attractive tool for older Americans who need cash for retirement but want to stay in their homes.

Home Equity Conversion Mortgage loan volume was up 26% in March, according to data from the U.S. Department of Housing and Urban Development reported by service provider Reverse Market Insight. It dropped 3.8% in April but remained well above 6,000 loans for the month — above the average in the last few years.

As the article notes, a significant number of elders have home equity, "about 66% of the average retired American’s wealth," although costs are higher as a result of  a 2017 HUD rule change. The article lists and discusses the pros and cons of reverse mortgages. 

June 15, 2022 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Housing | Permalink | Comments (0)

Sunday, May 8, 2022

Residents Are Asking a Lot of Questions -- Tough Questions -- about CCRCs

It is Sunday, and I'm looking at a long list of things to do next week, with grading exams at the top of my list.  Significantly, however, in the last six to eight months, at increasing rates, I'm hearing from current and prospective residents of Continuing Care Retirement Communities (CCRCs, also sometimes called Life Plan Communities).  Here are examples of some of the most often asked questions:

  • "The company that runs my CCRC is about to engage in development of a new CCRC.  Is the money I've already paid in the form of an admission fee, or the money I continue to pay as monthly service fees, going to support this new development?"
  • "During the lock-down associated with protecting residents and the public from COVID-19, we were asked to give up services that were the very reason we choose this community.  But now that we are no longer locked down, the services either are not returning or the fees we are charged are actually increasing.  Is there some effective way to object to this disconnect between the promises and the delivery of services?"
  • "My parents are thinking about moving into a CCRC.  On the one hand, I like the idea of the active community they are choosing.  But on the other hand, the amount they are expected to pay in the form of an admission fee is astounding.  Why are some communities calling this a refundable fee and others are saying it isn't a refundable fee? What are the protections for the 'refundable' fee?"
  • "We have just learned that our nonprofit CCRC is being transferred to a for-profit company as the owner-operator.  How is this likely to impact my wife and I as residents?"

Answers to many of these questions depend on the state's laws governing this form of senior living operation and, even more, on the particular contracts between the resident and the provider.  State regulators have concerns here too.  For those looking for legal assistance in their particular community, I sometimes recommend looking for attorneys in the caller's home state, someone who understands CCRCs from a resident perspective. I first wrote about the need for attorneys who understand resident perspectives in 2006.  

Sometimes "elder law" attorneys have this expertise, but not always.  Plus, it can be important to consult with an attorney who understands consumer protection laws, and not "just" CCRC law.  Finally, if litigation is actually on the horizon, the choice for legal advice can depend on whether the attorneys have expertise in litigation or dispute resolution and not "just" contract law. 

So, all of this is a short way of saying that even though, as an legal academic,  I often write about the importance of resident rights in CCRCs, and even though I believe the future of CCRCs is very much tied to the answers, I'm not in a position to respond to individual questions. The very fact that I'm writing this Blog Post is a potential indication that something important could be going on in the industry.  Perhaps that "something" should be addressed by the industry itself, especially if it wants the CCRC concept not just to survive, but thrive.  In my opinion, it is not enough for the industry to say that "every CCRC is different."  

May 8, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Property Management, Retirement, State Cases, State Statutes/Regulations | Permalink | Comments (0)

Tuesday, May 3, 2022

RFP: Washington State Seeks Expert Consultation to Develop CCRC Regulations with Heightened Consumer Protections

I'm always interested when I start getting lots of calls or emails about a certain topic in aging.  Today I was hearing from a lot of people wanting to talk about Continuing Care Retirement Communities (CCRCs, sometimes also called Life Plan Communities or LPCs). It is safe to say that all forms of senior living operations are facing new challenges after being hit hard by the lockdowns and staffing problems of the last two years with COVID-19.

But one of the most interesting set of calls was from the State of Washington, where residents have been using their time together during COVID to think carefully about the need for certain key protections for consumers who put their money and trust into CCRCs.  The Washington Continuing Care Residents Association (WACCRA) has worked carefully, calmly and diligently to reach the ears of legislators and regulators in the state.  I had the pleasure of hearing from  members and residents of CCRCs in Washington last October and speaking at their annual meeting.  WACCRA Annual Meeting in Seattle  October 2022 (2)

Today, I heard that the  Office of Insurance Commissioner in Washington has initiated a Request for Proposals for a time-sensitive research project:

This project is designed to assess federal and state authorities regulating continuing care retirement communities (CCRCs) and provide a report with recommendations on creating a legal framework for shared regulatory oversight of CCRC products under Chapter 18.390 RCW, which may achieve heightened consumer protections.

Interested researchers -- with background in regulatory systems for CCRCS -- should act quickly as the deadline for submissions is May 23, 2022.   

Click HERE FOR THE FULL DETAILS!  

May 3, 2022 in Consumer Information, Current Affairs, Grant Deadlines/Awards, Health Care/Long Term Care, Housing, Retirement, State Cases, State Statutes/Regulations | Permalink | Comments (1)

Friday, April 22, 2022

Smart Home Tech Makes Aging in Place Easier

The Washington Post recently published this article, Aging in place can be so much easier with smart home technology. "Supporting health, safety and security are important components of successfully aging in place. So are home management systems that maintain a comfortable environment, and communication and recreation systems that enable social engagement, stimulation and entertainment."  As the article notes, the type and amount of tech is vast, ranging from pretty simple types that do just a little, to more comprehensive setups that integrate into much of every day life.  The article focuses on two couples who added tech to their homes.  It also looks at the pros and cons, as well as advances and includes a list of recommendations.  The article also mentions concerns about privacy and how to mitigate that. I would also add the topic of consent, when family want to install the tech in the home of the elder.  Lots of good info in the article.

April 22, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Retirement, Web/Tech | Permalink | Comments (0)

Sunday, April 17, 2022

Reverse Mortgage May Not Be A Last Resort Any Longer

Professor Naomi Cahn sent me the link to this recent article in the New York Times, Reverse Mortgages Are No Longer Just for Homeowners Short on Cash. "Until recently, it was conventional wisdom that a reverse mortgage was a last-resort option for the oldest homeowners who desperately needed cash. But a growing number of researchers say these loans could be a good option for people earlier in their retirement like [those]  who are not needy at all."

The article offers the basics about reverse mortgages and offers some insights into the thinking about greater utility of reverse mortgages:

Homeowners in their 60s and early 70s could use cash from a reverse mortgage to protect investment portfolios during market downturns, to delay claiming Social Security benefits or to pay large medical bills.

“The best use of this tool is to provide and supplement income during retirement,” said ... the director of the financial planning program at the University of Illinois, Urbana-Champaign. “A younger retiree can stay in the house while turning equity into an income stream.” 

The article discusses downsides for folks to consider as well.  Read it!

 

 

April 17, 2022 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Housing, Retirement | Permalink | Comments (0)

Tuesday, March 29, 2022

Increase in Multi-Generational Housing

Pew Research Center recently released a report on multi-generational housing. In Financial Issues Top the List of Reasons U.S. Adults Live in Multigenerational Homes   consider this key finding:

A third of U.S. adults in multigenerational households say caregiving is a major reason for their living arrangement, including 25% who cite adult caregiving and 12% who cite child care. Among the other reasons given for living in a multigenerational household, 28% say it’s the arrangement they’ve always had, while smaller shares cite a change in relationship status (15%), or companionship (12%) as a major reason why they live with family members. About one-in-eight adults (13%) say the coronavirus pandemic is a factor in why they live with multiple generations under one roof.

Breaking it down by age, the report notes that

[A]mong the oldest Americans – ages 65 and up – 20% of women live in multigenerational households, compared with 15% of men. Older Americans are less likely to live alone than they were several decades ago, a change linked to the growing share of older women who live with their spouse or children. 

By broad age group, Americans ages 25 to 39 and those ages 55 to 64 are about equally likely to live in multigenerational family households (each 22%). But within the younger group, those ages 25 to 29 (31%) are far more likely to live with multiple generations under one roof than those ages 30 to 34 (19%) or 35 to 39 (15%). 

The full report is available here.

March 29, 2022 in Consumer Information, Current Affairs, Health Care/Long Term Care, Housing, Statistics | Permalink | Comments (0)

Wednesday, March 23, 2022

You Don't Have to be a Parrot Head to Retire to Margaritaville

As the New Yorker explains in Retirement the Margaritaville Way, this active adult community was a logical step, "[g]iven the age of Buffett’s fan base, and the life style he’s hawking—as well as baby-boomer demographics... . The development in Daytona [Beach, Florida} was a joint project of Margaritaville Holdings and Minto Communities USA, the American branch of a builder based in Ottawa. In 2017, Minto had bought roughly two thousand acres of brush and swamp, about seven miles from the coast... [with] a plan to develop a retirement community there called Oasis. [which then] became Latitude Margaritaville, taking its name from Buffett’s breakthrough 1977 album...."  The article describes a number of features of the community and interviews with various residents.   And although you don't have to be a parrot head to retire to Margaritaville, you might have more fun if you are. 

March 23, 2022 in Consumer Information, Current Affairs, Housing, Other | Permalink | Comments (0)

You Don't Have to be a Parrot Head to Retire to Margaritaville

As the New Yorker explains in Retirement the Margaritaville Way, this active adult community was a logical step, "[g]iven the age of Buffett’s fan base, and the life style he’s hawking—as well as baby-boomer demographics... . The development in Daytona [Beach, Florida} was a joint project of Margaritaville Holdings and Minto Communities USA, the American branch of a builder based in Ottawa. In 2017, Minto had bought roughly two thousand acres of brush and swamp, about seven miles from the coast... [with] a plan to develop a retirement community there called Oasis. [which then] became Latitude Margaritaville, taking its name from Buffett’s breakthrough 1977 album...."  The article describes a number of features of the community and interviews with various residents.   And although you don't have to be a parrot head to retire to Margaritaville, you might have more fun if you are. 

March 23, 2022 in Consumer Information, Current Affairs, Housing, Other | Permalink | Comments (1)

Thursday, March 17, 2022

Aging in Place Village Model Has Its Limitations

According to a recent article in Kaiser Health News, Despite Seniors’ Strong Desire to Age in Place, the Village Model Remains a Boutique Option, "[t]wenty years ago, a group of pioneering older adults in Boston created an innovative organization for people committed to aging in place: Beacon Hill Village, an all-in-one social club, volunteer collective, activity center, peer-to-peer support group, and network for various services.  Its message of “we want to age our way in our homes and our community” was groundbreaking at the time and commanded widespread attention. Villages would mobilize neighbors to serve neighbors, anchor older adults in their communities, and become an essential part of the infrastructure for aging in place in America, experts predicted."  Fast forward to now. where even though "there are 268 such villages with more than 40,000 members in the U.S., and an additional 70 are in development ... those numbers are a drop in the bucket given the needs of the nation’s 54 million older adults. And villages remain a boutique, not a mass-market, option for aging in place."

What exactly is a "Village" you ask? The article explains the concept: "[they] share common features, although each is unique. Despite their name, physical structures are not part of villages. Instead, they’re membership organizations created by and for older adults whose purpose is to help people live independently while staying in their own homes. Typically, villages help arrange services for members: a handyman to fix a broken faucet, a drive to and from a doctor’s appointment, someone to clean up the yard or shovel the snow. Volunteers do most of the work." They also offer educational and social events and facilitate introductions to other residents of the village.   

The question posed by the article is whether this concept can have widespread acceptance and adoption with various socio-economic groups, especially given their costs. The article discusses some options pursued by existing villages, in addition to discussing the hurdles.

 

March 17, 2022 in Consumer Information, Current Affairs, Housing, State Statutes/Regulations, Statistics | Permalink | Comments (0)

Wednesday, March 2, 2022

Reconsidering the Implications of Togetherness As Couples Get Older

I have a fondness for California Rock & Roll from a certain era -- also known as my youth.  One of my favorites, Warren Zevon, is probably mostly remembered as a singer/songwriter, and he penned some great songs such as Hasten Down the Wind (performed by another favorite, Linda Ronstadt, who, like me was born next door to California in Arizona).  Some of his lyrics work equally well as poetry.  Right now I'm thinking to the opening lines to Reconsider Me, recorded and released by Zevon in 1987:   

If you're all alone

And you need someone

Call me up

And I'll come running

Reconsider me

Reconsider me

Those lines seem to echo in an article from the New York Times today, describing a trend among older singles -- they are willing to love again, but at least one half of the couple isn't willing to live together.  The article begins by describing a 78 year-old widow's friendship with a a widowed man that was turning romantic.   He wanted them to move into together.  She wasn't eager and she admits that his health woes were part of the concern.  She is quoted as saying "He was not in great shape."  Eventually, when he had surgery and needed recuperative care, she followed his directions and "using his funds, hired a live-in caregiver for him."  Once he recovered, they spent more time together.  

The NYT writer, Francine Russo, observes:

With greater longevity, the doubling of the divorce rate since the 1990s for people over 50 and evolving social norms, older people like Ms. Randall are increasingly re-partnering in various forms.  Cohabitation, for example, is more often replacing remarriage following divorce or widowhood, said Susan L. Brown, a sociologist at Bowling Green State University in Ohio.

 

These older adults are seeking (and finding) love, emotional support and an antidote to loneliness.  But many older women, in particular, fear that a romantic attachment in later life will shortly lead to full-time caregiving.

The New York Times article also echoes topics addressed in the article I linked to last week by Cahn, Huntingdon and Scott, Family Law for the One-Hundred Year Life.  For more from the Times, if you have a subscription, see Older Singles Have Found a New Wat to Partner Up:  Living Apart.  

 

 

March 2, 2022 in Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Health Care/Long Term Care, Housing, Retirement | Permalink | Comments (2)

Friday, February 25, 2022

Adapting Family Law to Recognize Importance Of Older Members and Significance of Aging

Naomi Cahn of University of Virginia School of Law Law joins Clare Huntington, of Fordham Law  and Elizabeth Scott, Emerita Professor at Columbia Law, to propose needed changes in family law to reflect the impact of aging.  In their forthcoming article for Yale Law Journal (Vol. 132) titled Family Law for the One-Hundred Year Life, they contend family law must address the interests and needs of families across the life span, and not just those of younger people.  They point to three areas for focus: the dignity and autonomy interests of older persons, structural inequalities, and the need for legal mechanisms that are efficient and accessible.  An example of their calls for legal reform is the discussion of intrafamily personal care contracts:

The response of regulators and courts to intrafamily personal care contracts illustrates well the law’s failure to support family care, especially for low-income families. In arranging in-home care, older adults sometimes contract with service providers, but they also contract with family members. A care contract is especially helpful when an older adult wants to receive these services from a family member but the family member cannot provide care without compensation. But these agreements run into problems. If the older adult is trying to qualify for Medicaid, many states scrutinize the contracts to ensure they are not simply a means for transferring assets from the older adult to the younger relative, helping the older adult satisfy Medicaid’s means-tested eligibility requirements. Partly based on the assumption that familial care is provided altruistically, state regulators regularly find that the agreements are, indeed, fraudulent transfers. This is an example of class-based discrimination: intrafamilial contracts for care are not scrutinized by public authorities unless the care recipient seeks to qualify for public support through Medicaid.

Equally interesting is their discussion of "opt-in or opt-out" concepts for the definition of family.  All-in-all, this article looks to the future of judicial, regulatory and legislative legal systems, while also offering ways to challenge our students in the classroom now.  

 

February 25, 2022 in Current Affairs, Discrimination, Ethical Issues, Federal Statutes/Regulations, Health Care/Long Term Care, Housing, Medicaid, State Cases | Permalink | Comments (0)

Thursday, February 3, 2022

Webinar on Housing Rights Post-Disaster

The National Center on Law & Elder Rights has announced the following upcoming webinar, Addressing Housing Issues Facing Older Adults Following A Natural Disaster on February 9 at 2 eastern.

Older residents in areas affected by natural disasters face a number of challenges, including issues related to housing security and obtaining temporary shelter. Legal assistance and aging services professionals play a critical role in identifying these needs and providing assistance before, during, and after a disaster. This training will discuss common housing issues faced by homeowners and renters following a natural disaster, with a focus on how advocates and providers working with older adults can assist them pre-disaster to head off these housing issues. The webcast will also discuss post-disaster resources available to older adults and advocates to help address housing recovery needs following a natural disaster. 

Click here to register.

February 3, 2022 in Consumer Information, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Federal Statutes/Regulations, Housing, Webinars | Permalink