Skip to content
Silverline Legal Notes

      Subjects

      This library

      Archive

      All articles — page 8

      The full library in alphabetical order, across every area of law.

      Social Security & Retirement Income

      The Spousal Benefit and What It Depends On

      A spousal benefit is payable on a husband's or wife's earnings record, up to a defined share of that person's base figure. It requires the worker to have claimed, is reduced if the spouse claims before their own full retirement age, and does not increase with delayed retirement credits earned by the worker. Where a person is entitled to both their own benefit and a spousal one, the practical effect is that they receive the higher rather than both.

      6 min readFederal law

      Capacity & Advance Planning

      The Two Halves of a Health Care Directive

      An advance directive combines an appointment and an instruction. The appointment names an agent to make healthcare decisions when the maker cannot, and covers situations nobody predicted. The instruction records preferences about treatment in defined circumstances, most often at the end of life. The appointment does the greater share of the work, because real medical situations rarely match the scenarios a written instruction describes.

      6 min readState law

      Immigration in Later Life

      The Work-Record Rule for Residents

      Forty qualifying quarters of work is a threshold with two consequences. It ends a sponsor's support undertaking, and it removes a restriction on eligibility for certain federal benefits. Credits earned by a spouse during the marriage and by a parent while the person was a minor can count toward the total, which frequently brings somebody over the line who assumed they were nowhere near it. The record can be checked, and it is worth checking.

      6 min readFederal law

      Passing Things On

      Transfer-on-Death Registrations

      A payable-on-death or transfer-on-death registration names somebody to receive an account, security or in many states a vehicle or a property, on the owner's death. The named person has no rights while the owner is alive, cannot access the asset, and does not expose it to their own creditors. The registration passes the asset outside probate and outside the will, is revocable at any time, and is available in most states for a wide range of assets.

      6 min readState law

      Undue Influence & Financial Abuse

      What a Bank Is Expected to Notice

      Financial institutions train staff to recognize indicators of exploitation involving older customers: unusual withdrawals, a new person accompanying the customer, changes to contact details or beneficiaries, and behavior suggesting coaching or distress. Many jurisdictions permit or require institutions to delay suspicious disbursements and to report concerns to authorities, with protection from liability where they act in good faith on reasonable belief.

      6 min readFederal and state

      Driving & Independence

      What a Medical Review Board Does

      A medical review is opened where a licensing authority receives information suggesting a condition may affect driving. It examines function rather than diagnosis: vision, cognition, reaction, strength, mobility and consciousness. Forms are completed by the driver and by treating clinicians, and the outcomes include renewal without change, conditions attached, a driving evaluation, or suspension. Deadlines run throughout and non-response is treated as a failure to cooperate.

      6 min readState law

      Working Past Retirement Age

      What a Plan Has to Tell a Member

      Plans governed by federal benefits law must provide a summary plan description, periodic benefit statements, and, on written request, the plan document, the trust agreement, the latest annual report and certain other instruments. A request must be answered within a defined period, and failure can expose the administrator to a daily penalty. Claim denials must be explained in writing with reasons and with the review procedure stated.

      6 min readFederal law

      Capacity & Advance Planning

      What a Power of Attorney Actually Does

      A power of attorney authorizes a chosen person to act on somebody's behalf in financial and legal matters. A durable one continues to operate after the maker loses capacity, which is the whole point of having one. It grants authority without removing the maker's own, ends automatically on death, and does not cover healthcare decisions, which require a separate document. The powers granted are only those the document actually confers.

      6 min readState law

      Driving & Independence

      What a Report Actually Starts

      A report opens a review by the licensing authority. The driver is generally notified, forms are sent to them and to their clinicians, information is assessed, and an outcome is reached: no change, conditions, more frequent review, a driving evaluation, or suspension. The process takes months rather than weeks, and it is not a route to an urgent solution where a family believes somebody is unsafe today.

      6 min readState law

      Long-Term Care & Paying For It

      What a Resident Is Entitled To

      Residents of nursing facilities hold defined rights: to care that maintains their highest practicable wellbeing, to be free from unnecessary restraint, to participate in their own care planning, to privacy and dignity, to manage their own affairs, to receive visitors, to be informed about charges and changes, and to complain without reprisal. These rights exist independently of the admission agreement, and a term purporting to reduce them does not work.

      6 min readFederal and state

      Social Security & Retirement Income

      What a Retirement Benefit Is Calculated From

      A retirement benefit is calculated from a lifetime earnings record. Earnings from earlier years are indexed so that wages from decades ago are comparable to recent ones, a defined number of the highest indexed years are averaged, and a formula is applied that replaces a higher proportion of income for lower earners than for higher ones. Years with no earnings count as zeros if the record is short, which is why a few extra working years can matter.

      6 min readFederal law

      Social Security & Retirement Income

      What a Surviving Spouse Receives Instead

      A surviving spouse may be entitled to a benefit based on the deceased's record, potentially up to the full amount the deceased was receiving or entitled to receive. It can generally be claimed from an earlier age than a retirement benefit, at a reduced rate, and a surviving spouse entitled to their own benefit as well receives the higher of the two. Because the figure reflects the deceased's claiming decision, that decision has consequences long after their death.

      6 min readFederal law