Lawrence A. Frolik - Everyday Law for Seniors

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Everyday Law for Seniors

Updated with the Latest Federal Benefits

The Everyday Law Series

Richard Delgado and Jean Stefancic, series editors Seattle University School of Law

Published in the Series

Everyday Law for Individuals with Disabilities

Ruth Colker and Adam Milani (2005)

Everyday Law for Children

David Herring (2006)

Everyday Law for Gays and Lesbians

Anthony C. Infanti (2007)

Everyday Law for Consumers

Michael L. Rustad (2007)

Everyday Law for Latino/as

Steven W. Bender, Raquel Aldana, Gilbert Paul Carrasco, and Joaquin G. Avila (2008)

Everyday Law for Immigrants

Victor C. Romero (2009)

Everyday Law for Seniors

Lawrence A. Frolik and Linda S. Whitton (2010, 2012)

Forthcoming

Everyday Law for Women

April Cherry

Everyday Law for Patients

Alan Scheflin and A. Steven Frankel

Everyday Law for Seniors

Updated with the Latest Federal Benefits

Lawrence A. Frolik

Linda S. Whitton

First published 2012 by Paradigm Publishers

Published 2016 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2012, Taylor & Francis.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Library of Congress Cataloging-in-Publication Data

Frolik, Lawrence A.

Everyday law for seniors / Lawrence A. Frolik and Linda S. Whitton. 2nd ed.

p. cm. (The everyday law series)

Includes bibliographical references and index.

ISBN 978-1-61205-211-3 (hardcover : alk. paper) ISBN 978-1-61205-212-0 (pbk. : alk. paper)

1. Older peopleLegal status, laws, etc.United States. I. Whitton, Linda S. II. Title.

KF390.A4F7535 2012

346.73013dc23

2012003126

Designed and Typeset by Mulberry Tree Enterprises.

ISBN 13: 978-1-61205-211-3 (hbk)

ISBN 13: 978-1-61205-212-0 (pbk)

Contents

I owe a special thanks to my research assistant, Amie E. Schaadt, Pitt Law 2007, for her efforts in the creation of this book. I also wish to thank the staff of the University of Pittsburgh School of Law Document Technology CenterPhyllis Gentille, Karen Knochel, Darleen Mocello, Barbara Salopek, and the director of the center, LuAnn Driscollfor their assistance in the creation of the manuscript of this book.

Lawrence A. Frolik

I owe a debt of gratitude to my husband, Dr. John Harris, for cheerfully serving as our critical senior reader. Many thanks also to my research assistant, Meghan Beeler Pridemore, Valpo Law 2008, for the helpful Internet resources she gathered to benefit our readers.

Linda S. Whitton

If you are a senior, or helping someone who is, you are likely facing many decisions. Some may concern age-related benefits such as Social Security and Medicare. Others arise from significant life events such as retirement, a change in marital status, or the desire to downsize your lifestyle. Whether you are planning a better future or responding to a present crisis, Everyday Law for Seniors can help you make informed decisions and avoid common mistakes.

In this updated edition, we give you the latest information about Social Security, Medicare, and Medicaid, including guidance on how to fully take advantage of your benefits. In addition to explaining government programs, we provide chapters on other resources for living your best life. Topics include protection for seniors in the work place, options under pension and retirement plans, alternatives for housing and care, and guidance for making a backup plan should you lose the ability to make your own decisions.

You can read the book straight through, but you will probably find it more useful to dip into whatever chapter is of most interest. Each chapter is designed to stand alonein that sense, this is a reference book. But we trust you will find all of the chapters useful. At the conclusion of each chapter, we also provide a list of websites that offer additional information and resources.

We wrote Everyday Law for Seniors to help seniors and their friends better understand their legal rights. In many instances, this book will answer your questions or lead to the help that you need. Of course, it is only a general guide. We have not described individual state laws or the specific details of every complex issue that can arise under government programs. If you need more information, or are faced with a legal problem that you cannot solve, please seek out the assistance of a qualified lawyer. Even when professional assistance is needed, Everyday Law for Seniors can prepare you to ask good questions and to understand the advice you receive.

1
Law and Seniors

Did You Know?

Twenty-five percent of those who reach age 65 will live to at least age 90.

The percentage of the population over age 85 is continuing to increase.

The likelihood of a person developing a chronic disabling condition or dementia increases significantly after the age of 85.

If you retire at the normal Social Security retirement age, you may live more than twenty years without earned income.

A book about the law and seniors must necessarily define what is meant by the term senior. Popular senior discounts are triggered at a variety of ages. For example, you can qualify for AARP membership as early as age 50, but not for a National Parks Senior Pass until age 62. The ages at which movie theaters, restaurants, and other businesses offer special senior discounts often range anywhere from age 55 to age 65.

Although chronological age is certainly one way of determining whether you qualify for senior status, it tells us very little about you as an individual. In reality, no particular chronological age can tell us much about how anyone ages. Indeed, some persons seem old at age 65, whereas others much older seem young in terms of their physical and mental abilities.

Studies confirm that individuals of the same chronological age show great differences in mental and physical abilities. Even within the same individual, physical and mental capabilities often deteriorate at different rates. When a doctor tells a 70-year-old physically fit patient that she has the heart of a 50-year-old, the doctor is focusing on the functional level of her cardiovascular system rather than its chronological age. Not only do individuals age at different rates; so do their bodies. For example, an Alzheimers patient with severely diminished mental function may still be in sound physical condition.

Determining what senior status means is further complicated by the wide range of ages that fall under this umbrella term. For example, a 65-year-old son and his 87-year-old father may both be described as seniors and yet have very different needs. With the increasing number of individuals who are living to age 100 and beyond, a person could potentially qualify as a senior for more than thirty years!

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