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


Continuing Care Retirement Communities (CCRCs): What are they?

Wednesday, September 11th, 2019

There are three distinct living phases associated with a continuing care retirement community (CCRC). The first is independent living when a resident enters into the community with few if any disabilities requiring limited assistance. In this phase of independent living, community residents typically take advantage of the broad range of social, physical, and intellectual offerings. The second phase is assisted living, which includes long-term personal senior care support services that include help with activities of daily living like medication management, bathing, meals, dressing, and transportation. The third phase is nursing home care, also known as a skilled nursing facility. This third phase addresses a resident's requirement for 24-hour monitoring and medical assistance in the case of serious injury or severe illness. Nursing home care locations within the CCRC are usually located near an associated hospital if the need arises for acute care or hospitalization. The linked three phases of a CCRC provide a continuum of care so that a resident can spend the rest of their days moving between the levels of care as needed.

Suicide Rates Among Elderly Are Alarming

Tuesday, September 10th, 2019

An increasing number of older Americans are turning to suicide particularly when they live in long term care facilities, assisted living, and continuing care retirement communities. Experts agree that this late-life suicide trend is generally under-recognized, under-documented, and poised to grow. The highest rates are among men aged 85 and older, and according to the Center for Disease Control and Prevention (CDC), 54 percent of those elder Americans who commit suicide do not have any known mental health conditions. Suicide attempts by the elderly are likely to result in death as older adults: plan carefully, use more deadly methods, and are less likely to be discovered or "rescued," and less likely to recover from an unsuccessful attempt due to their physical frailty.

Technology Designed to Help Seniors Age in Place

Monday, September 9th, 2019

The silver tsunami of Americans has inspired the technology industry. There are continuous developments and implementations of inventive digital Internet of Things (IoT) solutions that transform the lives of aging adults as well as their caregivers. Each new tech development cycle strives to provide a product that is more robust while increasing its ease of use. Keeping up with digital advancements and trends can make a profound difference in a senior's life.

Is Assisted Living Enough?

Saturday, September 7th, 2019

Jim’s mother Gwen decided, on her own, that it was time to move into an assisted-living facility. Gwen’s arthritis had worsened to the point where she couldn’t dress herself, she struggled to get in and out of the shower, and she was lonely living by herself.

Medicare & The Latest Technologies

Friday, September 6th, 2019

Many seniors who are financially stable and choosing to age in place already have a “smart” home employing the sorts of technology that can prolong their independent living circumstances. Family caregivers are freer to move about their daily lives knowing they can check remotely on their loved one and that the loved one has a set of controls at their disposal to monitor their environment. Some of these seniors are also tracked directly by medical staff that can assess if any of the patient's medical vital signs are outside of a safe range. While corporate competition for senior market dollars has made many of these devices within reasonable price points, Medicare is attempting to catch up to the market demand for the use of these products and include them as refundable medical expenses. Private enterprise and public policy are not in synch.

Should I Be Someone's Trustee? What does that even mean?

Thursday, September 5th, 2019

Your Aunt Linda has created a trust and she would like you to be her trustee. You want to help, but you’re concerned about all that responsibility. You would be managing Aunt Linda’s property for her and for others whom she names as beneficiaries. You might be paying her bills and taxes, overseeing bank accounts, making investments, collecting rent or unpaid debts, getting insurance if needed, and doing whatever else the trust directs you to do. People named as trustees are considered in law as “fiduciaries.” “Fiduciary” stems from the Latin for “trust.” To merit that trust, you must act in Aunt Linda’s best interests, to the highest ethical standards of good faith and honesty.

You've Been Appointed Representative Payee or a VA Fiduciary; Now What Do You Do?

Wednesday, September 4th, 2019

You have been appointed to help your nine-year-old niece Adrianna manage her Social Security benefits. In the Social Security system, you’ll be called Adrianna’s “representative payee.”

The situation is similar if you’re appointed to help your elderly grandfather, who has dementia, manage his Veteran’s benefit checks. In the Veterans Administration system, you’ll be called a “VA fiduciary.”

Your Advanced Directives: Will They Be There When You Need Them?

Tuesday, September 3rd, 2019

Having practiced in the Elder Law field for more than a decade and a half, I have drafted and helped enforce many medical directives for clients and their families over that span.  However, nothing was as impactful to my practice, and how I utilize these documents for clients, as was the hospitalization and eventual passing of my mother.  When you are using these very documents in “real time” for your loved one, you are desperately aware of their practical importance.

How To Stay Mentally Sharp!

Tuesday, September 3rd, 2019

Age comes with wisdom. Unfortunately, it also comes with some forgetfulness. Fortunately, there are things you can do to keep the brain sharp, small daily habits which can reduce the risk of cognitive decline.

The Truth About Social Security Myths

Thursday, August 29th, 2019

According to NerdWallet, more than half of Americans apply for social security before reaching their full retirement age, and more than 30 percent of those apply for benefits at 62 years of age. Americans file early for benefits even though researchers claim it would be better to wait to claim their social security benefits. It DOES matter when you opt-in to take your social security benefit. Between the age of 62 and full retirement, your benefits increase by about 7 percent each year and additionally 8 percent each year between your full retirement age and 70. These percentages reflect an actuary adjustment to ensure those Americans who opt for a larger check for shorter periods do not receive less than those receiving smaller checks for more extended periods.

What to Do if You’re Appointed Guardian of Property

Wednesday, August 28th, 2019

Your grandfather Arthur can no longer make decisions on his own. A court appoints you to be Arthur’s guardian of property, to help Arthur manage his money. You become Arthur’s “fiduciary.” The law now requires you to act to a high standard of good faith and honesty.

Long-Term Care & the FLTCIP

Tuesday, August 27th, 2019

If you or a loved one are a federal or US postal employee, or an active or retired Uniformed Services member, it may be worth looking into the Federal Long Term Care Insurance Program (FLTCIP).

First, the basics of long term care: it isn’t professional medical care, it isn’t seeking recovery or a cure. It includes home care, including by family members, assisted living facilities, nursing homes, adult day care centers, and continuing care communities.

Is Your Power of Attorney Powerful Enough?

Monday, August 26th, 2019

Powerful “power of attorney” (POA) documents are essential, if there ever comes a time when you or your elder become unable to manage your finances or make health-care decisions.

All I Need Is A Will, Right?

Saturday, August 24th, 2019

When people think of estate planning, the document most people think of is a Last Will & Testament (often simply referred to as a Will).  One of the crucial needs for adults, regardless of age, is to perform some basic estate planning.  This article briefly addresses the importance of a durable power of attorney and advanced directives for financial and medical affairs.

How Effective Is My Health Care Surrogate?

Friday, August 23rd, 2019

As a board-certified expert in Elder Law, I take pride in the medical directives that our firm drafts, reviews, and executes with clients and their families.  In fact, many years of planning, as well as the first-hand experience of utilizing such documents before my mother’s passing, have shaped these very documents that protect an enhanced quality of life while advocating for patients. 

A Crucial Decision: Choosing an Elder Law Attorney

Thursday, August 22nd, 2019

Like most choices in life, it is important to choose wisely when selecting an attorney.  However, it is especially critical to find the right Elder Law attorney when one is needed due to the serious nature of issues that may confront Seniors and their families.

Is My Income Too High to Qualify for Medicaid?

Wednesday, August 21st, 2019

One of my roles as an advocate and a board-certified expert in elder law is to dispel Medicaid myths that continue to confuse clients and their families.  In fact, it is a very rewarding experience to comfort a family that is terrified about the future and let them know that they can forget about the misguided information they previously received.

Financial Elder Abuse: Awareness & Prevention

Monday, July 9th, 2018

Elder financial abuse has been a growing problem of the past decade. The financial exploitation of older or vulnerable adults can take many different forms. This portion of the population can be exploited by strangers of professionals who deal with their assets, and even trusted family members and friends. It is a problem to which a solution has been difficult to find because many exploited people are ashamed that they were able to be taken advantage of and therein do not report the crimes. Unfortunately, this type of abuse not only affects the finances of the victim, but also their mental and physical well-being. Let’s take a look at the types of financial elder abuse and some measures that can be and are being taking to prevent this type of abuse.

Senior Living Trends

Tuesday, July 3rd, 2018

Markets driven by the consumerism of the baby boom generation are changing senior living, and there are more options available than ever before. Medical and technological advancements and a shift to a more customized, individual lifestyle preference are leading the way for seniors to age more securely and comfortably. Senior communities are looking less like institutions and more like homes. Infusing technology with medical support in assisting seniors is a giant step forward in reshaping the way people provide care and when necessary intervention.

What Are Your Wishes: Spoon-feeding & Hydration

Wednesday, June 27th, 2018

By now, many of us have witnessed the slow and dehumanizing death by Alzheimer’s of friends and loved ones. In the final stages of this and other dementia diseases, there comes a time when the person can no longer speak, recognize loved ones, or move purposefully.  With that poor quality of life, many would choose to stop hand-feeding and hydration, and to allow the dying process to begin. However, long before that time arrives, the person in question has lost the capacity to make and to express that decision. If the person no longer has an effective way to be heard, institutions where such people are usually confined are legally and morally obligated to continue hand-feeding and hydration until the bitter end.


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