Everyday Law for Seniors: Updated with the Latest Federal Benefits

Overview

An essential resource, Everyday Law for Seniors provides easy-to-understand information for readers who want to make the best possible decisions about retirement options, health care, where to live, and planning for long-term care. Frolik and Whitton, national experts in elder law, explain the wide range of legal rights and benefits that every senior should consider, whether looking ahead or responding to a crisis. Updated with the latest federal benefit information and a host of helpful internet resources, this ...
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Overview

An essential resource, Everyday Law for Seniors provides easy-to-understand information for readers who want to make the best possible decisions about retirement options, health care, where to live, and planning for long-term care. Frolik and Whitton, national experts in elder law, explain the wide range of legal rights and benefits that every senior should consider, whether looking ahead or responding to a crisis. Updated with the latest federal benefit information and a host of helpful internet resources, this timely book is for everyone who wants to get the most from their senior years.

“A clearly written, understandable, comprehensive legal guide.”—Edward D. (Ned) Spurgeon, Executive Director, Borchard Foundation Center on Law and Aging

“The clarity of the explanations in this book set it apart from others…" —Charles P. Sabatino, Director, ABA Commission on Law and Aging

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Product Details

  • ISBN-13: 9781612052120
  • Publisher: Paradigm Publishers
  • Publication date: 4/28/2012
  • Series: Everyday Law
  • Edition description: New Edition
  • Edition number: 2
  • Pages: 200
  • Sales rank: 1,444,664
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.60 (d)

Meet the Author

Larry Frolik is Distinguished Faculty Scholar and Professor of Law at the University of Pittsburgh School of Law and an adjunct professor of law in the University of Miami School of Law LL.M program in estate planning. One of the original academic creators of elder law, he is a nationally recognized expert on the legal aspects of aging. A prolific author, he has authored a dozen books in addition to his classic work, Advising the Elderly or Disabled Client. He is a member of Phi Beta Kappa and an honors graduate from Harvard Law School.

Linda Whitton is Professor of Law and the Michael and Dianne Swygert Research Fellow at Valparaiso University School of Law. She frequently speaks and publishes on a variety of law and aging topics for audiences that include lawyers, professionals who provide senior services, legislators, and the general public. She drafted the new Uniform Power of Attorney Act and often serves an advisory role in state and national law reform and public policy projects. Prior to her legal career, Whitton was a professional writer and editor and served as Communications Director of the Federal Home Loan Bank of Chicago. She graduated first in her class from Valparaiso University School of Law.

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Table of Contents

Acknowledgments viii

Introduction ix

1 Law and Seniors 1

Who Are "Seniors"? 1

Population Age Trends 3

Physical Effects of Aging and Health Concerns 4

Economic Vulnerability 5

Social and Family Support 6

Conflicting Values 8

2 Age Discrimination in Employment 13

The Age Discrimination in Employment Act 13

Who Is Protected? 14

Exceptions to the ADEA 16

Proving Illegal Discrimination 17

Employer Defenses 20

Enforcement of the ADEA 22

Voluntary Early Retirement Plans 22

Older Workers Benefit Protection Act 23

Remedies 23

3 Social Security and Supplemental Security Income 25

Social Security Eligibility 26

Worker's Retirement Benefits 28

Derivative Benefits 30

Effect of Earnings after Retirement 32

Taxation of Benefits 33

Disability Benefits 34

Application and Appeals Procedures 34

Supplemental Security Income 35

Benefits 35

Eligibility for SSI Benefits 36

4 Employer-Provided Retirement Benefits and IRAs 43

Pension and Retirement Plans 44

Qualified Plans 55

How Pension and Retirement Plans Operate 55

Spousal Benefits 56

Payment of Benefits 56

Nonqualified Employer-Provided Plans 58

Welfare Benefit Plans 58

Self-Employed Pension Plans (Keoghs) 59

Individual Retirement Accounts 59

5 Medicare 63

Medicare Part A 64

Medicare Part B 70

Medicare Advantage 73

Medicare Part D 75

Medigap Insurance Policies 77

The Best Medicare Plan for You 79

6 Medicaid and Long-Term Care Insurance 81

Medicaid Benefits 82

Medicaid Eligibility 83

Resource and Income Requirements 84

Special Considerations for Married Individuals 87

Asset Transfers 91

Long-Term Care Insurance 94

7 Housing 101

Aging in Place 102

Age-Restricted Housing 109

Varieties of Retirement Housing 112

Supportive Housing 118

Nursing Homes 125

8 Mental Incapacity, Guardianship, and Conservatorship 137

Mental Capacity 138

Guardianship 138

Types of Guardianship 142

Guardianship Procedures 147

Costs of Guardianship 151

Supervision of the Guardian 152

Termination of the Guardianship 153

9 Substitute Decisionmaking for Health Care and Property 155

Substitute Decisionmaking for Health Care 156

Substitute Decisionmaking for Property and Financial Management 160

10 Elder. Abuse, Neglect, and Exploitation 169

What Are Abuse, Neglect, and Exploitation? 169

Where Does Elder Abuse Occur? 171

Causes of Abuse, Neglect, and Exploitation 173

Solutions 173

Index 179

About the Authors 189

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