Nov. 2, 2016 – Thanksgiving and the winter holidays are just around the corner, bringing with them social gatherings and expressions of gratitude. The season also reminds many people that time hasn’t paused while they’ve been busy with their lives: everyone is still getting older.

Be ready to help family and clients with aging-related legal concerns, no matter the date on the calendar, with Advising Older Clients and Their Families from State Bar of Wisconsin PINNACLE^®.

Here are only a few examples of the many types of questions you’ll be able to answer with the aid of volume I, revised in spring 2016.

Demystify Social Security

During Thanksgiving dinner, the topic of retirement comes up. Aunt Sarah asks you if she can apply for Social Security retirement benefits yet and when she’ll receive her first check. Sarah will turn 65 in March 2017.

As explained in Chapter 8 (Social Security) of Advising Older Clients, Sarah is eligible to apply if she has been an employee or has been self-employed, has worked the requisite quarters of coverage, and meets the age requirements. Full retirement age for Social Security purposes is gradually increasing, and Sarah won’t hit hers until she turns age 66 in 2018, but she nevertheless can apply for and start receiving benefits (adjusted for age) any time, because the minimum age is 62.

If Sarah applies for benefits in March 2017 and meets all requirements for entitlement (that is, employment history, quarters of coverage) while the application is in effect, the Social Security Administration (SSA) will pay benefits from the first month that the claimant meets all requirements. This means Sarah will get her first check in April 2017. (Some applicants are eligible for retroactive benefits but Sarah will not be if she applies before age 66 because her benefits will be reduced for age.)

Protect Against Age Discrimination

After dessert, cousin Mike’s fiancé, Dan, pulls you aside and asks if he can come to your office for a consultation. At the appointed time the next week, Dan tells you the problem: he recently lost his job, despite receiving mostly glowing annual reviews over the years. Dan, who is 50, was a television reporter, and shortly after he was fired, the station hired a 30-year-old replacement.

Dan asks if he might have any legal recourse against his former employer. You turn to Advising Older Clients Chapter 4 (Employment). You tell Dan that he is protected against discrimination under the Age Discrimination in Employment Act (ADEA), which, among other things, makes it unlawful for employers to discharge employees “on account of age,” that is, for being age 40 or older.

You sum up for Dan the pros and cons of bringing suit against the television station: available remedies, the potential difficulties of proving a case, the time limits, and other procedures. You suggest that he take a week to think about the situation and come back then to let you know his decision.

Preserve the Value of Employee Retirement Plans

While Dan is still at the office, you ask him if he had a retirement plan through his former employer; you realize, from your perusal of Advising Older Clients Chapter 7 (Private Retirement Financing), that he might need to make decisions quickly about any such benefits.

He says that he did have a 401(k) and received a notification regarding what will happen to it now, but he’s having a hard time understanding his options. You tell Dan you’d be happy to explain the income tax ramifications of the choices and assist with meeting the requirements for rolling over the 401(k) distribution, if that’s what he decides to do.

Identify New Age-related Benefits

You like to end appointments on a positive note, so when Dan says he doesn’t have any more questions, you offer him congratulations on his upcoming nuptials and remind him he and Mike will eventually be able to get Social Security spousal benefits, as individuals in non-same-sex marriages can. As Chapter 8 of Advising Older Clients explains, the SSA now recognizes a valid same-sex marriage as of the date of the marriage.

Find Both Time-tested Guidance and Up-to-the-minute Developments

These scenarios are fictional, but the details are realistic. The number of Americans who are seen as “older” is vast and not only because average life expectancies are increasing. Whether you focus solely on elder law or deal with aging-related legal matters on an as-needed basis amid a more general practice, you’ll save time and increase your value to clients by consulting Advising Older Clients and Their Families.

In addition to chapters on the topics above, volume I contains an overview of elder law practice, discusses special ethical considerations when clients might have age-related impairments, highlights many of the public and private elder-support resources, and surveys housing and family law issues and governmental income-security programs that are relevant to aging adults. Volume II’s topics include Medicaid, Medicare, estate planning, and long-term care options.

How to Order

Advising Older Clients and Their Families volume I is available both in print and online via Books UnBound, the State Bar's interactive online library. The print book costs $219 for members and $269 for nonmembers. The Books Unbound edition is $159 for members and $199 for nonmembers.

For more information, or to place an order, visit the WisBar Marketplace or call the State Bar at (800) 728-7788 or (608) 257-3838.

Subscribers to the State Bar's automatic supplementation service will receive future updates at a discount off the regular price. Annual subscriptions to Books UnBound start at $159 per title (single-user price, call for full-library and law-firm pricing).