Wills, Trusts & Estates Prof Blog

Aging in Place Will Be Big Business for Home Builders

Remaining at home is most people’s wish as they get older, unsurprisingly. Older folks generally value familiar surroundings and do better in terms of health if they can age in place at home.

With the cost of nursing home care is soaring to $9,000 per month, on average, older people are more inclined to want to stay in their home as they age. Even though staying at home will save some money, it still requires a lot of renovations to make homes safe and accessible for senior citizens.  

Some of the common home upgrades are familiar items: Adding grab bars, wheelchair ramps, widening entryways, adding ground-floor bathrooms if needed, etc. Others might be less obvious: Raising electrical outlets and lowering switches to make them easier to reach, especially for people in wheelchairs. Switching flooring to softer options that cushion falls, like bamboo over cork. Adding pull-out shelves and lowering countertops in the kitchen to make work surfaces easier to reach.

Then there are the big changes: Adding a master bedroom on the first floor. Swapping bathtubs for lipless showers. Installing wheelchair lifts on the stairs. Constructing a wheelchair ramp leading up to the front entrance of the house. 

Builders are increasingly thinking about catering to age-in-place needs, too. More Realtors are reporting younger clients who say they want a “feet-first house,” a place where they can live for the rest of their lives. One example of thinking ahead: Some builders are stacking closets on upper and lower floors, to create the space for a future elevator, if one is needed. Builders and contractors that are interested can be certified as an Aging in Place Specialist by the National Association of Home Builders (NAHB).

Paying for these improvements can be challenging, of course. Older people who are short on cash but have lots of home equity might consider a reverse mortgage, which doesn’t need to be paid off until the home is sold. But read the fine print first to make sure you understand all the terms and conditions before going that route.

For more information see David Payne, "Aging in Place Will Be Big Business for Home Builders" Kiplinger.com, September 9, 2024. 

Special thanks to Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention.

Watch: Tips on Finding a Good Nursing Home

Finding a nursing home for yourself or a parent can be daunting. Many facilities are understaffed and the worker shortages have gotten worse since the start of the pandemic. KFF Health News senior correspondent Jordan Rau shares tips about finding nearby homes, evaluating staffing levels, what to look for when visiting, and more.

Watch the video here:

For more information see Jordan Rau "Watch: Tips on Finding a Good Nursing Home" KFFHealthNews.com, September 3, 2024.

Special thanks to Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention.  

Woman’s daughter, son-in-law charged with exploitation at nursing home

Authorities say a Clay County woman’s daughter and son-in-law threatened to leave her in a nursing home until she signed over all her property and power of attorney to them, and earlier had filed paperwork to obtain deeds to her land, home and mineral rights.

The charges alleging exploitation of an elderly person and making false statements to obtain property were filed after the victim obtained an attorney who notified the sheriff’s office of the alleged attempts to obtain control of the woman’s property in Joy while she was in a care center in Henrietta.

She said her son-in-law came to take her home on the day she was to be released but asked her to sign some documents before leaving the center. The documents would have relinquished her home, property, and mineral rights, which were worth more than $300,000, to the couple.

She said she declined, and William became angry and said that if she did not sign, he would leave her in the center until she did, and she would have to pay her bills from the center. Then he left her.

Authorities say medical records show the victim is fully competent to manage her affairs and that Adult Protective Services advised they are opening a case of criminal activity against the couple on the victim’s behalf.

For more information see Larry Statser "Woman’s daughter, son-in-law charged with exploitation at nursing home" SmartNews, August 8, 2024.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.  

How One Elder Law Attorney Bridges The Generation Gap

Elder law attorneys have a tough gig. They must manage their clients (the elders) and their kids (who assist in the process), as well as their staff, who themselves range in ages. That’s why Above the Law invited veteran elder law attorney, Jamie Haroutunian of Priority Law, onto the Non-Eventcast podcast — to talk over how he juggles it all.

Jamie started things out by talking over the rebrand of his law firm, when he converted to a trade name. Next, Jamie discussed how he manages younger and more experienced staff, including around how the team assesses clients. After that, Jamie relayed how he pushed for automating processes in his practice, especially for scheduling meetings and taking payments. Jamie also discussed how the firm conducts meetings with members of various generations attending, as well as how he uses visual aids to assist in the process.

For more information see Jared Correia "How One Elder Law Attorney Bridges The Generation Gap", Above the Law, July 9, 2024.

Study on caregivers finds brief bouts of lucidity are common among people with dementia

NIA-funded researchers conducted in-depth interviews with caregivers to document how many witnessed an unexpected, temporary return of mental clarity to individuals with advanced dementia. For this study, a team lead by researchers at the University of Pennsylvania sought to build on previous work examining the quantifiable aspects of lucid episodes, such as frequency, duration, and proximity to death. The goal was to better define and describe episodes of lucidity, given the pervasiveness seen in previous research.

Among the 30 caregiver participant interviews, 25 included descriptions of a total of 34 lucid episodes. The family members often called the lucid episodes a small, positive “blip” in an otherwise negative downward journey with their loved one. An episode tended to be the mentioning of a single word, a gesture, or a facial expression that gave the caregiver a sense the individual’s mind was momentarily back to normal. 

Among all participants, most caregivers reacted positively to the lucid episode. However, consistent with previous research, this study showed that caregivers did not typically discuss episodes of lucidity with health care professionals because they were unsure if the information would be useful. The researchers noted that for many caregivers, the lucid episodes affected their day-to-day approaches to care and helped justify ongoing care efforts, suggesting that clinicians should be encouraged to solicit whether caregivers have witnessed such events.

For more information see "Study on caregivers finds brief bouts of lucidity are common among people with dementia", National Institute on Aging, June 6, 2024. 

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Retirees’ Life Savings Can Vanish in Continuing Care Bankruptcies

Continuing care retirement communities (CCRCs) promise lifetime housing and care for seniors, often requiring substantial upfront deposits with the assurance of refunds if the resident moves or passes away. However, your life savings are at risk when CCRCs file for bankruptcy. Since March 2020, at least 14 such facilities in the U.S. have declared bankruptcy, jeopardizing the financial security of their residents. This trend highlights a significant, often overlooked, risk for seniors who rely on these communities for their long-term care needs.

The financial instability of CCRCs stems from various factors, including mismanagement and market pressures. For example, residents of Henry Ford Village, a CCRC in Michigan, faced the potential loss of their deposits when the facility declared bankruptcy in 2020. These financial collapses can devastate retirees, many of whom have invested their entire life savings into securing a place in these communities, believing it would be their last move.

The impact of CCRC bankruptcies extends beyond financial losses. Residents and their families face significant emotional and logistical challenges, including the stress of finding new accommodations and care. The complex nature of bankruptcy proceedings often leaves them uncertain about the recovery of their funds. As the prevalence of these bankruptcies grows, it underscores the need for better regulation and oversight to protect the financial and personal well-being of the aging population​.

For more information see Akiko Matsuda "Retirees’ Life Savings Can Vanish in Continuing Care Bankruptcies",  The Wall Street Journal, June 13, 2024. 

Older Americans Robbed Of $20 Billion A Year by People They Know

The improper or illegal use of older adult's funds, property, or assets is "elder financial exploitation." It often goes unreported, and in 88% of cases, the victim knows the individual who is exploiting them. 

The AARP Public Policy Institute conducted a study in 2022 which concluded that the rate of financial exploitation has doubled since COVID-19 sent the world into lockdown in March 2020, fueled by the pandemic's social isolation. Most older victims do not get their money back, which can impact the entire family if loved ones contribute more money to care for their family members. 

For more information see Suzanne Wooley “Older Americans Robbed of $20 Billion A Year by People They Know” Financial Advisor, June 15, 2023.

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

A Story of Dementia: The Mother Who Changed

A bitter family dispute in Iowa hinged on one crucial question: When cognitive decline from dementia changes someone's personality, should we respect their new desires?

Diane Norelius of Denison, Iowa, was the center of a heated legal dispute between her daughters and her new beau over her cognitive abilities and capacity after being diagnosed with dementia in 2017.

Norelius was the sole beneficiary of a trust after her husband of 53 years passed away. After his death, Diane became tasked with making significant financial decisions for the first time in her entire life. Daunted by the task, she asked her daughter Juli to be the trustee of the Diane F. Norelius Trust. This arrangement worked for several years until Diane's personality began to change.

She found love again with a horseshoer named Denzil, and Juli began to receive questions about how the trust was being handled. Denzil tells the story of a woman finding her voice and taking control of her life. Yet her daughters describe the abusive situation of an incapacitated woman being taken advantage of.  

This article explores the emotional and legal journey of a family to discover when someone diagnosed with Alzheimer’s loses their decision-making capacity and how this impacts the estate planning process.

For more information see Katie Engelhart “A Story of Dementia: The Mother Who Changed” The New York Times Magazine, May 9, 2023.

Special thanks to Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention. 

Journal of Elder Policy -- New Issue Released and a Call for Papers

The just published copy of the fifth issue of the Journal of Elder Policy was a special issue relating to older adults' access to health care and provider-patient interactions in later life. The issue can be viewed online here.

Autonomy in Later Life 

Invitation to Submit a paper for the Journal of Elder Policy, Issue 7, Summer 2023
Editor-in-Chief: Eva Kahana PhD, Distinguished University Professor,

Department of Sociology, Case Western Reserve University
​Abstracts of 500 words are due by March 1, 2023
Full papers (8000 -10000 words) are due by May 1, 2023.

Older adults are more diverse and active than ever. Despite this, many portrayals and stereotypes of older adults allude to their dependence on others. While later life does tend to come with unique challenges (e.g. health issues, functional impairment), older adults tend to be far more proactive and adaptive than society (and research) gives them credit for.

This issue of the Journal of Elder Policy seeks to explore issues related to autonomy in later life.

We welcome both empirical (qualitative and quantitative) and conceptual papers from diverse disciplines with an emphasis on policy implications.

Topics may include but are not limited to:

• Meaningful employment in later life (new or continuing)
• Finding new directions in retirement
• Relocation in later life
• New relationships in later life
• Managing identity when having to rely on others due to illness/functional impairments
• Shifts in family dynamics (e.g. adult children attempting to manage care/finances, suggestions of downsizing)
• Speaking up in health care contexts
• Adaptation to widowhood in later life

Authors should send a 500-word abstract related to their paper by March 1, 2023 to Managing Editor, Kaitlyn Langendoerfer, PhD ([email protected]).

​The Journal of Elder Policy is an Open Access Journal sponsored by Policy Studies Organization. There is no publication fee. All articles will be peer-reviewed. More information about the Aims and Scope of the journal and previous issues can be found here: https://journalofelderpolicy.org/   

Please contact Prof. Naomi Cahn at [email protected] or Prof. Nina A Kohn at [email protected] if you have any questions or concerns.

Ring v. Harmon (2021)

In Ring v. Harmon, the Court of Appeal in California considered "an alleged loan scheme to drain equity out of a house held in a probate estate." 

When Awana Ring was 80 years old, she lost her daughter Vickie Atiyeh. Vickie left Awana a house when she passed away. According to Awana, her son and grandson developed a scheme to "swipe much of the equity in the house—an inside job without outside help. "

Awana's son Scott and grandson Zachary collaborated with a loan broker to pushed Away to be appointed as personal representative of Vickie's estate, and then baited Away into taking out a predatory loan at a rate of 10.99 percent. "Scott and Zachary took the loan proceeds for themselves while the loan broker received fees and an income stream on the loan." 

Although the San Bernardino County Superior Court found that Awana only had claims as a personal representative of Vickie's estate, since it was in that capacity that she received the loan. However, the Court of Appeal found that Awana's "dual position" as both personal representative and beneficiary was a "special circumstance that justified allowing her to sue based on her beneficial interest in the estate." 

See Ring v. Harmon (2021) (Cal.App.5th). 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this Case to my attention.