Elder Law News

The Social Security trustees are projecting that due to the economic downturn caused by the pandemic the Social Security trust fund will be depleted in 2033 — one year earlier than the previous estimates. Once the fund is depleted, Social Security benefits will be reduced unless Congress acts in the interim. 

The Biden administration is calling on Congress to pass proposals to lower prescription drug prices, including allowing Medicare to negotiate with drug companies and capping out-of-pocket spending by Medicare beneficiaries. 

Every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one for them. During Medicare’s Open Enrollment Period, which runs from October 15 to December 7, beneficiaries can freely enroll in or switch plans. 

My mother retired in 2004 and hired an estate planning attorney to prepare a complete estate plan package, including general power of attorney (POA), living trust, and living will. She is now in an assisted living facility and I have used the POA to handle her affairs. One of her creditors has requested documentation that the POA is still valid and in effect. I looked up the attorney and learned that he was disbarred in 2014. Is the estate plan that he drew up still valid? Can I still use the POA and other documents on my mother’s behalf?

All older Americans are vulnerable to financial abuse, but there are certain circumstances that make someone more likely to be scammed. An online survey can help older adults assess their risk of being exploited based on how they make financial decisions. 

My wife is in a nursing home in Texas, and I am her agent under her power of attorney. She recently caught COVID-19 and the nursing home is refusing to give me any information about her health or let me speak to her. They’ve closed the facility to visitors, but they won’t even give me basic health information on how she has been doing since her COVID diagnosis. Is there anything I can do?

My mom gave us land less than five years ago. Now she is applying for Medicaid and is subject to a five-year look-back period. Can we give the land back to our mother so that she doesn’t get a transfer penalty?

As COVID-19 cases start to rise again due to the highly contagious Delta variant, nursing homes are considering requiring staff members to be vaccinated. Only 59 percent of nursing home staff are partially or fully vaccinated nationwide, and the percentages are much lower in some states.