Family Elder Law Expert Blog

Family Elder Law is pleased to offer the legal blog entitled “The Family Elder Law Expert Blog,” authored by Jason A. Penrod, B.C.S., CELA. Jason is board certified as an Elder Law Expert by the Florida Bar and the National Elder Law Foundation. He is also the founder of Family Elder Law with offices in Lake Wales, Lakeland, and Sebring, Florida. The blog addresses legal issues of particular interest to our readers. In addition, the blog will answer individual questions from the readership on a wide range of topics.

Family Elder Law Expert Blog


6 Social Security Changes for 2021

Monday, November 9th, 2020

The Social Security Administration (SSA) publishes upcoming changes to its social security program every October that take effect on January 1 of the next year. These changes can make a difference in how you plan for or live during your retirement years. It is good practice to create what is known as a "my Social Security" account with the SSA here by clicking the "Create Your Account Today" button. Your account is an online gateway that provides interactive content and secure access to many online social security services. Your account allows you to check your social security statement, verify your earnings as reported, estimate your future benefits, change your address, and more. All of this information is relevant to you, whether you are retired or not.

Telehealth Coverage May Be Rolled Back

Saturday, November 7th, 2020

Health systems and hospitals have been coping with unprecedented challenges during the coronavirus pandemic of 2020. There has been a need to increase and safeguard healthcare staff as well as non-COVID-19 patients, testing and treating infected patients, expanding critical care unit capacity, procuring personal protective equipment (PPE), and canceling non-emergency patient procedures. The American Hospital Association estimates that healthcare systems are losing an average of 50.7 billion dollars a month. This financial crisis is jeopardizing the telehealth industry as insurance groups seek to lower rates for virtual appointments. Without payment parity equivalent to an in-person appointment, many health care systems will be unable to continue telehealth services.

Leaving Assets to Children in a Will

Tuesday, November 3rd, 2020

I read that when making a will, I could leave my property to my children “per stripes.” Why is the law talking about us like we’re some kind of zebra?

The phrase is Latin and it is “per stirpes,” not “per stripes.” Some bits of property law are extremely ancient in origin and this is one of them.

Seniors Can Use Technology to Stay Socially Active While Social Distancing

Friday, October 30th, 2020

Everything we have come to know about successful, healthy aging is contingent upon connection to those around us. The opportunities for people to laugh, move, and learn together is foundational to aging success. Enter the coronavirus pandemic to change all of that. Now aging Americans must stay socially engaged while maintaining a physical distance. This issue touches us all from senior wellness professionals, medical staff, families, inter-resident connections, and those aging in place at home and alone. The internet of things, and the virtual links it creates, is a great solution to implement in a socially distanced, troubling pandemic world.

Have a Parents' Aging Strategy Before a Medical Crisis Comes

Thursday, October 29th, 2020

Many adult children in the US live far away from their parents. Managing aging parents or in-law medical events can be a serious challenge without proper preparation and understanding of what your parents' strategy may or may not be, no matter where you live. Do you know what legal documentation your parents have in place regarding their medical care? Do they have advance directives that can help guide your medical decision-making process? Do you and your spouse openly discuss the situations of each other's parents?

10 Military Benefits That Are Helpful to Know

Friday, October 23rd, 2020

The US Department of Veterans, through Tricare and the GI Bill, offers numerous basic health care and education benefits to veterans. Even with these programs that help veterans and their families, other little-known services can improve their lives and ease the financial burden of medical care and other expenses. Check your veteran status to see if you qualify for the following ten benefits:

Letter of Instruction & Your Estate Plan

Thursday, October 22nd, 2020

Whether you are starting from scratch or have an estate plan in place a letter of instruction (LOI) is an important part of any comprehensive plan. A letter of instruction can help your loved ones manage important information about you. A LOI conveys your desires, includes practical information about where to find various items referenced in your plan, and it can provide advice to help those you designate in managing your affairs.

Care Facility Residents Finding Voting Difficult During COVID-19

Wednesday, October 21st, 2020

During the general election of 2020, elderly residents in nursing homes, assisted living, and other long-term care facilities find casting their ballot more difficult due to the coronavirus pandemic. Voter registration, opting to vote online or by mail, receiving a mail-in ballot, or using a computer, and finally completing and submitting your vote to the proper election authorities, can be a daunting task for seniors. Although rules are becoming less stringent regarding outside visitation, family members still find it difficult to assist their loved ones in voting as it is a multi-step process. Adding to the confusion is the perception of fairness in choosing to vote, in person, online, or by mail.

7 Bad Reasons to Delay Doing Your Estate Planning

Tuesday, October 20th, 2020

1.         My family and I don’t own much. Can’t we put off planning until we can afford it?

You shouldn’t. It is crucial to give legal authority to a person of your choice, to care for your children if anything should happen to you. You don’t want your children to become wards of the court, or to be delivered to a family member you don’t like. Second, the cost to you at the front end (now) is much less than it could be later, when you might face steep legal fees to get the job done. We’re all in favor of lawyers earning a living. We just never want any of our clients to have to pay for costs that are unnecessary or avoidable.

What Does An Elder Law Attorney Do For You?

Saturday, October 17th, 2020

The senior citizen population of the United States is increasing rapidly as the baby boomer generation ages, and the influx of international migration continues. Although the US average life expectancy has seen a slight three-year decline, many Americans, men and women, live well into their 80s, 90s, and beyond. An elder law attorney works with seniors, taking a holistic approach to the legal issues people commonly face as they age. These include matters of housing, physical and financial health, estate planning, and more. There are as many issues as there are seniors, as life circumstances are different for everyone. An attorney who specializes in the host of the problems senior citizens face can be a wise investment.

10 Tips For Seniors On How To Reduce The Risk Of Falling

Tuesday, October 13th, 2020

The Centers for Disease Control and Prevention reports one out of five senior falls causes a serious injury like a broken bone or head trauma. Injuries of this sort can make life difficult for an older person to do everyday activities or live on their own. Half of the time, when a senior falls, it goes unreported to their doctor, and the person is likely to become fearful, cutting back on their activities. Not reporting a fall creates a vicious cycle. Fearfulness leads to less activity, making a senior weaker, which increases their chance of falling. Right At Home provides ten tips to reduce the risk of a senior falls. These tips are science-based, and seniors should try to implement them in their daily lives.

Wills & Trusts: What Are the Differences?

Friday, October 2nd, 2020

Wills and trusts have specific and quite different benefits for estate planning purposes. Each state has specific laws and regulations governing these legal documents. You can have both a will and a trust; however, the information in each should compliment the other. As a standalone, it is not accurate to say one is better than the other. The better choice for you, or a blend of both documents, depends on your assets and life circumstances. Begin by assessing your situation, goals, and needs, and understanding what wills and trusts do to guide your decision making. Then, along with an attorney, you will be able to identify the solution that best suits and protects your family.

Laid Off? Should You Take Your Social Security Benefits Early?

Friday, September 25th, 2020

The coronavirus pandemic creates risk scenarios for Americans well beyond becoming infected with COVID-19. If you are close to retirement age and recently lost your job, there is a good chance you may not find work again. The Great Recession (2007-2009) saw workers aged 62 and more were about half as likely to become re-employed compared to those in the age group of 25 – 34. The Becker Friedman Institute for Economics at the University of Chicago finds, more than four out of ten jobs lost during the pandemic may never come back, pushing many pre-retirees into early retirement. For many, this means an unexpected shortage of cash. As retirement can last a long time, you should proceed with caution about finding ways to supplement cash flow if you have lost your job.

Newly Issued Guidance for Nursing Home Visitation

Thursday, September 24th, 2020

Revised guidance for nursing home visitation has been issued by the Centers for Medicare and Medicaid (CMS). It is now possible to have visitation with nursing home residents for reasons other than urgent end-of-life scenarios and, in some instances, may include physical touch. Additionally, communal activities and dining are permissible as long as the social distancing rule of 6 feet of separation, and other precautions are observed. Encouraging outdoor visits is desirable as long as the weather permits. Indoor visits are permissible if no new cases were identified in the previous two weeks, and the facility adheres to the core principles of resident and staff testing, screening, proper hygiene, social distancing, and facility cleaning. 

Turning 18 and Powers of Attorney

Wednesday, September 23rd, 2020

When your child turns 18 (in most states), it might be hard to imagine that little child who once needed you for everything has now become – overnight – an adult. Now your child is free to vote, marry, apply for a credit card, make medical and financial decisions, sign contracts, and live independently. No wonder the law calls this coming of age “emancipation.”

Silver Linings During the Pandemic

Thursday, September 17th, 2020

Record unemployment rates related to COVID-19 business closures have hurt business owners and their workers, many of whom are 50 years and older. Though workers of all ages have felt the effects of unemployment or reduced working hours, older workers will fare worse upon re-entering the workforce. Research shows the recession of 2008 found that those adults age 62 or more were the least likely group to re-enter the workforce, and it is most likely as the employment situation stabilizes the same will hold in 2020. Ageism plays a role when employers have huge swaths of potential employees from which to choose.

When is Disinheriting a Child a Mistake?

Wednesday, September 16th, 2020

Most parents choose to treat their children equally when it comes to inheriting property or money. But sometimes, parents intentionally choose to not leave anything to a child, and the reasons for doing so may vary. One reason could be that a child who is more financially successful than the others and the parent doesn’t feel it’s necessary to leave anything. Another reason may be a desire to prevent a child with special needs from losing government benefits. Or a parent may not want to leave an inheritance to an irresponsible or drug-dependent child for fear the inheritance will be wasted.

5 Facts About Dementia Caregiving

Tuesday, September 15th, 2020

Dementia, in particular, the prevalence of Alzheimer's Disease in the American population, is creating difficult caregiving experiences for the family members who are primarily responsible for providing care. Even though you understand your loved one's dementia behaviors are a symptom of the disease and not intentional or personally targeted to you, coping with them is often emotionally, financially, and physically challenging. Psychology Today reports caregivers routinely say, "Nobody really understands how hard caring for a loved one with dementia is!"

Top 10 Myths About Risks for Alzheimer's Disease

Wednesday, September 9th, 2020

Polling shows that the number one worry for Americans as they age is memory loss, outpacing fears of insufficient monies, and loneliness. The most prevalent among all dementia is Alzheimer's disease. According to the Alzheimer's Association Facts and Figures Report, Alzheimer's accounts for an estimated 60 to 80 percent of diagnosed dementia cases. Projections for increasing numbers of Alzheimer's patients in the coming decades is cause for concern. However, in this digital age where disinformation is in abundance, Right At Home has identified ten persistent myths about Alzheimer's that should be dispelled for clarity's sake and because worry increases stress levels, which is bad for the brain.

Medicare & Medicaid Have Many Regulatory Changes Due to COVID-19

Tuesday, September 8th, 2020

Nursing homes, one of the smallest population sets in the US, account for the largest demographic percentage of COVID-19 deaths. Statistics vary, but most accept that elder Americans in nursing homes account for at least 40 percent of all US coronavirus deaths. This tragic statistic is, in part, attributed to older peoples' less robust immune systems and to nursing home environments that are not aggressively addressing concerns that will reduce residents' exposure to COVID-19.