Wednesday, August 3, 2011

America’s Silver Tsunami


For the first time in human history, people aged 65 and older will soon outnumber children under the age of five. The Twenty-first Century will be known for population aging worldwide due to declining fertility, improved health and longevity, which has swelled older populations dramatically.

In 2009, the worldwide population of people aged 60 and older was 680 million people, which translates to 11 percent of the population, spanning the globe. This group increased by 10.4 million since 2007, increasing 30,000 new members to that age group daily.

The new aging population contains three groups: the “young old,” ages 65-74; the “old,” ages 74-84; and the “oldest-old.” This first wave of Baby Boomers will reach full retirement age in 2011. From 2011 to 2031, 74 million Boomers will retire, which means that 10,000 new retirees will be added to the Social Security and Medicare rolls each day. The “old” are expected to have increased life expectancy and their numbers are projected to steadily increase. The “oldest-old” has a growth rate that is twice that of those over 65 and almost 4 times that for the total population. In the US, this group now represents 10 percent of the older population and is thought to more than triple from 5.7 million in 2010 to over 19 million by 2050.

Look at these statistics in another way. Compare them. The US contains more people aged 65 and older than the total population of Canada. Americans aged 65 and older outnumber the general populations of New York, London, and Moscow—all rolled into one.

What does it mean? Researchers believe that tomorrow’s elder population will be radically different from elders in the past. They will enjoy longer lives, better health, and more active lifestyles. Baby Boomers are expected to “age in place,” opting to stay at home for as long as possible, preserving their independence. These seniors are expected to seek out services and products that accommodate, sympathize and appeal to individuals of all ages and abilities. For more statistics, see http://transgenerational.org/aging/demographics.htm

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Saturday, July 23, 2011

The Lion's Share of Investor Education Resources: Texas State Securities Board Launches New Website



The Texas State Securities Board has launched a newly-updated and revised Investor Education Website, www.TexasInvestorEd.org. The new site is easier to navigate with up-to-date investor information and resources, financial calculators, and more. Using the website, individuals may get a background check on an investment professional, learn about unsuitable investments or life settlement contracts, file a complaint, and read the latest news and bulletins. Be sure to check out the "Resources" page for free educational books and brochures available for download.

The State Securities Board regulates the securities industry in Texas. The Agency registers securities offered or sold in Texas, oversees the firms and individuals selling securities or providing investment advice to Texas, and enforces the Securities Act through criminal, civil, and administrative actions. Through the Investor Education initiative, the agency helps Texans become informed investors. For more information on the agency, see the official website at: http://www.ssb.state.tx.us/.

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Monday, June 13, 2011

Mickey Rooney Testifies Before Congress on Elder Abuse

Watch Mickey Rooney's testimony before Congress:

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Sunday, June 12, 2011

Hot Off the Press: Women's Health News




"The only way to keep your health is to eat what you don't want, drink what you don't like, and do what you'd druther not." Mark Twain


The Kaiser Family Foundation has released The Women's Health Care Chartbook: Key Findings from the Kaiser Women's Health Survey. Compared to Mark Twain, the Kaiser Family Foundation's recent report has a more comprehensive approach to health care resources, treatments, and costs. Specifically, the book provides information on women's health issues, wellness, insurance coverage, medical care costs, access to medical treatment, and family health care/services.


For more information, read the entire Chartbook at: http://www.kff.org/womenshealth/upload/8164.pdf



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Law Enforcement Resources to Investigate Financial Exploitation




Worried about a Senior Citizen who might be the victim of a financial predator? More information may be found at the state and federal resources listed below.



Adult Protective Services, Texas


1-800-252-5400





Texas State Securities Board


1-512-305-8300 (Austin telephone number; however, there are offices in major cities, so check with directory assistance)





Texas State Attorney General's Office


1-800-621-0508





Internet Crime Complaint Center





Federal Bureau of Investigation


There are field offices in major cities: check with directory assistance





Federal Trade Commission, Bureau of Consumer Protection




There are field offices in major cities: check with directory assistance




To file a complaint against an entity in another country go to http://www.econsumer.gov/



U. S. Secret Service




There are field offices in major cities: check with directory assistance



For Texas, offices include:



AUSTIN 512-916-5103
DALLAS 972-868-3200
EL PASO 915-532-2144
HOUSTON 713-868-2299
LUBBOCK 806-472-7347
MCALLEN 956-994-0151
SAN ANTONIO 210-308-6220
TYLER 903-534-2933
WACO 254-741-0576


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MetLife Releases Study of Financial Exploitation of the Elderly

June 15th is World Elder Abuse Awareness Day. Recently, MetLife Completed its Study of Financial Exploitation of the Elderly, which Revealed Grim Statistics



The recent MetLife study of financial exploitation of senior citizens confirms a disturbing trend: senior citizens are losing billions of dollars each year due to the predations of family, friends, neighbors, and businesses. MetLife’s research concludes that seniors are being bilked annually of more than $2.9 billion dollars, a 12 percent increase from the $2.6 billion estimated in 2008. Medicare and Medicaid fraud resulted in the highest average loss to victims ($38,263,136) followed by fraud by business and industry ($6,219,496), family, friends, and neighbors ($145,768), and fraud by strangers ($95,156).

The MetLife Executive Summary of the recent study reviewed newspaper articles and concluded that:

"Instances of fraud perpetrated by strangers comprised 51% of the articles. Reports of elder financial abuse by family, friends, and neighors came in second, with 34% of the news articles followed by reports of exploitation within the business sector (12%) and Medicare and Medicaid fraud (4%)...Women were nearly twice as likely to be victims of elder financial abuse as men. Most victims were between the ages of 80 and 89, lived alone, and required some level of help with either health care or home maintenance. In almost all of the cases, there existed a combination of tenuous, valued independence and observable vulnerability that merged in the lives of victims to optimize opportunities for abuse by every type of perpetrator — from the closest family members to professional criminals.

Nearly 60% of perpetrators were males. Most male perpetrators were between the ages of 30 and 59, while most of the female perpetrators were between the ages of 30 and 49. Perpetrators who were strangers often targeted victims with visible vulnerabilities (e.g., limited mobility, displays of confusion, or living alone).

The number of news articles increased and the character of elder financial abuse changed during the holidays. From November 2010 through January 2011, of the 1,128 articles on elder abuse identified through the newsfeeds, 354 (31%) concerned elder financial abuse. At least one-quarter (27%) of the cases reported were random, predominantly single-event crimes accounting for relatively small monetary rewards and characterized by a high level of brutality and disregard for human life. Reports of elder financial abuse perpetrated by strangers and by friends and families were very similar (47% vs. 45%, respectively).

Dollar losses over the holidays due to family, friend, and neighbor perpetrators were overall higher than any other category, likely owing to sheer numbers of instances, although the average number of dollars lost per individual instance was highest from business perpetrators. It is remarkable that the number of stranger cases comprise nearly 50% of all the holiday cases, comparable to the 51% April to June incidence rate.

In almost all instances reported in the newsfeeds, the goals of financial abuse perpetrators were achieved through deceit, threats, and emotional manipulation of the elder. In addition, physical and sexual violence frequently occurred within the vortex of elemental greed and disregard for the victim that surrounded financial abuse.

New research indicates that the instances of elder financial abuse are far higher than previously reported. In particular, a national study of 5,776 older adults found that the one-year prevalence for financial abuse by a family member was 5%. Further, a recent prevalence study covering the state of New York revealed that the highest rate of any type of elder mistreatment was financial abuse, with a rate of 41 per 1,000 (4%).

Elder financial abuse appears to fall into three types of crimes: occasion, desperation, and predation. Crimes of occasion or opportunity are incidents of financial abuse or exploitation that occur because the victim is merely in the way of what the perpetrator wants. Crimes of desperation are typically those in which family members or friends become so desperate for money that they will do whatever it takes to get it. Many of these family members are dependent on the elder relative for housing and money.

Finally, crimes of predation or occupation occur when trust is engendered for the specific intention of financial abuse later. A relationship is built, either through a bond of trust created though developing a relationship (romantic or otherwise) or as a trusted professional advisor, and then used to financially exploit the victim.

Passage of the Elder Justice Act in 2010 has the potential to bring to bear more attention to this crime and resources to better understand, educate about, and prevent elder financial abuse among the expanding older population. In addition, a new Office of Financial Protection for Older Americans was established in 2010 as part of the new Financial Regulatory Reform Bill. Congressional activity on the Elder Abuse Victims Act (S.462) and the expected introduction of the Senior Financial Empowerment Act indicate that Congressional attention will continue to be focused on the issue of elder financial abuse.

Elder financial abuse continues to decimate incomes both great and small, engenders health care inequities, fractures families, reduces available health care options, and increases rates of mental health issues among elders. Elder financial abuse invariably results in losses of human rights and dignity. Despite growing public awareness from a parade of high-profile financial abuse victims, it remains underreported, under-recognized, and under-prosecuted."

Read the entire MetLife study at: http://www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf

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Saturday, May 14, 2011

Record Keeping for Seniors



To shred, or not to shred: that is the question.

While USA Today’s recent “Managing Your Money” column advised that people shred documents, many Elder Law attorneys disagree. USA Today’s writer Sandra Block encouraged seniors to shred documents—in order to protect themselves from identity theft—but Medicaid can require five years of canceled checks and other financial records. In fact, failing to have required documentation could delay Medicaid nursing home eligibility. Medicaid can require five years of canceled checks and other financial documents to support an application for nursing home coverage. A more measured approach to shredding, which safeguards important financial data, can help ease the application process.

Myth: Canceled checks can be shredded after reconciling them with bank statements.

Reality: While that approach may work for IRS purposes, Medicaid may require that canceled checks be produced.

Why? Federal Medicaid law provides that gifts made within the lookback period are penalized. States set forth procedures to ferret out whether unlawful gifts were made. Some Medicaid agencies may require check copies, documenting all expenditures made within the five-year window.

With bank mergers, obtaining canceled checks can be a problem. Saving documents—not shredding them—is a more prudent practice, eliminating the uncertainty and difficulty in obtaining canceled checks and preventing unnecessary stress and expense.

The IRS is not the only government agency that requires documents. A senior who may need nursing home admission should keep financial records for the preceding five years. Other needed records vary according to state law, and the counsel of an elder law attorney could prevent problems later.

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About Lisa C Smith

Attorney Lisa C. Smith believes that many legal problems can be resolved by working out agreements, legal documents, and creative solutions for businesses and families. Her goal is to provide quality legal representation with personal service and respect.

Read more at Lisa C. Smith's website.

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Call for a consultation today at 210.863.7472

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