“Autumn is a second spring where every leaf is a flower.” Albert Camus.  As nature changes around us, it serves as a metaphor for our own lives.  The vibrant colors and the cooler air give each of us our own sense reflection.  For some, nostalgic memories of seasons past, or a sense of gathering and closeness, and for others, a time to recuperate, reorganize, and recover from the business of summer.  For all of us, autumn is not a season of decay, but of rebirth and beauty.

Transitions in life, whether starting a new position, forming new relationships, retiring from a career, or moving into a new home, should not be feared but embraced.  While change may feel overwhelming, autumn’s natural cycle shows us that moving forward is a part of growth, and new opportunities will emerge at every step of life.

Our senior population is already aware of the natural enjoyment that comes with age.  According to a recent survey conducted by AARP, eighty-six percent of Americans over the age of fifty are happy and expect to live a long and prosperous life.  The survey also revealed that happiness increases with age.  Seniors over the age of 65 are even happier and more positive than those between the ages of 50 and 65.

It is comforting to know that our aging population feels happy – and our younger generation has much to look forward to.  But make no mistake, aging can be vulnerable and we, as advocates for the elderly, have chosen this field to protect that sense of happiness and security for our clients and for our fellow citizens of this Commonwealth.

We are doing that every day with our legislative efforts; most recently the passing of the Act to Improve Quality and Oversight of Long-Term Care.  This bill re-enables the use of pooled trusts for people 65 years and older, thereby enhancing the lives of senior MassHealth members who would otherwise be limited to $2,000 in their bank account.  It also significantly narrows MassHealth’s ability to recover from the estates of MassHealth members by eliminating medical costs paid through CommonHealth and other costs that are not considered long term care.  Another provision of this bill authorizes greater oversight of nursing homes and assisted living residences, and greater legal protection to the those living in such residences and facilities.

As those that are in the trenches of politics know, legislative victories are hard to come by and take years to accomplish.  We are also moving mountains with our never-ending battles in litigation.  Often times, however, it’s the little things that elder law attorneys do every day that can make the greatest difference in the quality of life of our aging population.  I ask each of us to renew our efforts to do the following:

  • Ensure our clients’ estate planning documents are in place and in order – even if they are not estate planning clients. “Are your documents up to date?”
  • Protect our clients’ finances. Do they have a trustworthy financial advisor and accountant?  Are the bills being paid and tax returns filed?
  • Examine our clients’ ability to care for oneself independently. Do they need more help around the house? Do they need assistance with organization?
  • Are our clients happy? Sometimes our clients present well and with confidence.  They may, however, have some anxieties about certain issues and may not know who to trust.  We are not therapists but we can remind our clients of our duties of loyalty and confidentiality.  Having a trusted outlet outside of the family circle can be an added benefit to the attorney-client relationship.
  • Be mindful and vigilant against financial exploitation. Financial exploitation is a pandemic and someday we will live in a world free from those that prey on the elderly.  Until then, look a deeper into the red flags and report exploitation when possible.

This list is a reminder that we are at work to protect our clients, but we also are advocates for our parents, spouses, neighbors, and friends.  MassNAELA has a lot to be proud of, but there is little time to rest as the struggle never ends.  This autumn, we can take this time to regroup and enjoy everything this season has to offer.  Happiness comes in every season and in all stages of life.  Next season is around the corner and our holiday shopping is already late.

– Michael R. Couture, Esq.