Social Security and Family Restoration

Social security is a program that nearly every individual in the United States will participate in at some point in their lives.  The benefits generally provide support for disabled, needy, or elderly individuals.  These provisions have gained such importance that the colonial-era of charitably providing for those in need is losing importance. 

This is particularly important in the context of an aging American demographic where many seniors become impoverished in their reliance on social security benefits.  Are government provisions for the elderly preferable to private charity when poverty prevails in developed countries?  That's the question that Regent 3L Rebekah Deuel-Jones asks in her article and accompanying presentation entitled "Social Security Reform: Keeping the Promise to the Elderly Population."  She writes:

The duty of fellow man to care for the poor, disabled, and elderly is hardly a newly acquired responsibility.  The Bible contains a myriad of references to identify this need to care for the “least of these,” and further details the corresponding duty of Christians to care for the needy. The Bible also contains specific commandments regarding elder care, including that Believers '[s]tand up in the presence of the aged, [and] show respect for the elderly. . . .'  Finally, Christians have an elevated duty to care for their elderly parents and grandparents as the same is 'pleasing in the sight of God.'

These commandments continued to be heeded even through early colonial times.  Family relationships were the key opponent of poverty, whether the care-giving family be of biological relation to the individual in need, or merely members of the same tight-knit community. In the stead of the state, both individual citizens and the church assumed the primary duty to care for the needy and did so with a moral emphasis:  charity was to be provided to those members of the community who met their own responsibilities, yet had fallen on hard times.  Private charities and local governments supplemented this care through assistance of in kind gifts to those in need, as well as direct monetary reimbursements to those who took in elderly and orphans of no blood relation. These practices continued on throughout the eighteenth and nineteenth centuries, but slowly lost momentum as America became industrialized and the community spirit became decreasingly prevalent in localities as the national government grew in size and strength.

Though with modernity society advanced in many ways, it took several steps backward in other ways.  In his 1990 State of the Union Address, President George H.W. Bush directed his attention to elderly Americans, stating, 'To every American out there on Social Security, to every American supporting that system today, and to everyone counting on it when they retire, we made a promise to you, and we are going to keep it.' The promise to which President Bush refers was first made in 1935 through the establishment of the Federal Old-Age and Survivors and Disability Insurance (OASDI) Trust Funds by the Social Security Act.  Designed to care for the elderly in the wake of the Great Depression when communal care for the elder was not possible as the resources of private citizens had been compromised, this promise has continuously been renewed for every elderly generation since that of the 1930’s.

The original Act was arguably necessary to care for members of the elderly population who had lost their life savings in the 1929 market crash.  The need created for those elderly affected by the market crash has come and gone with the passing of that generation, yet the practices established to care for the current elderly population remain the same with no shift back to the pre-Depression system of voluntary communal care. 

Subsequent elderly generations remain in financial need, and must derive their post-retirement financial shortages from a different source in the absence of a market crash.  Why do members of post-depression era generations still require post-retirement support beyond their own means?  Is the answer as simple as the known fact that communal care for the elderly is no longer prevalent?

To determine why this need still exists despite a stable market, this article will compare the sources of post-retirement income, both prior to 1935 and after, including charitable giving, family contributions, supplements made by the church, and benefits provided by employers and the government.  It will further discuss the historical background surrounding OASDI as well as alternative methods to support the elderly utilized by foreign nations to offer a remedy to the anticipated collapse of the Social Security system as Americans today know it.  Finally, it will offer suggestions to reform the Social Security system, taking into consideration the financial responsibility for elder care placed upon both the elderly and the general population; the burden placed upon the government to most efficiently and effectively care for the elderly; and the psychological consequences of disallowing Americans to make personal choices with regard to Social Security payroll taxes and subsequent government funded benefits.  Elderly poverty cannot be solved through government provisions alone.

Family restoration calls for a special concern for poverty, and particularly poverty among elderly family members.  Government reliance is not always the best solution.  Charity is the beginning of better solutions for such problems to strengthen individuals, families, and nations.

Families and Grandparents

Families are sometimes comprised of generations of people caring for each other. Those family members who care for children may not be limited to mom and dad, but may include grandparents.  The value grandparents can play in the growth and development of grandchildren is significant.

Nationwide, 75 percent of the elderly are grandparents. With fractured family units on the rise, grandchildren are increasingly living with their grandparents. Florida has the highest population and percentage of population of people over the age of 65 in the entire United States.  Zachary Battles, Regent Law rising 3L, planning to practice law in Florida upon graduation and licensing, discussed his concerns for the wonderful aspects of the relationships between grandparents and grandchildren in his recent article on grandparents visitation rights.  He writes:

“One would think that the state with the largest population of grandparents would have the most favorable laws to protect grandparents’ rights; one would be sorely mistaken. Thanks to Supreme Court decisions on the national and state level, the current state of Florida law provides almost no protections for grandparents’ rights to visit and have a relationship with their grandchildren. Parents can simply deny all visitation with grandchildren simply by saying ‘no’, and beyond proof of abuse, grandparents have no legal recourse. Despite decades of legislative attempts to rectify the situation, the Florida Supreme Court has repeatedly struck down statutes that attempt to give legal significance to the unique family tie found between grandparents and their grandchildren.” 

His article argues that “Florida needs a constitutional amendment that will safeguard the fundamental liberty of parents to raise their children free from government interference, while at the same time protecting the important rights of grandparents in having a relationship with their grandchildren.”  In Part I he outlines the history of the problem, in Part II he analyzes the practical impact of the problem from both a biblical and policy perspective, and in Part III he sets out a proposed solution and the rationale behind such a policy. Mr. Battles' presentation based on his article can be viewed here. 

Grandparents can be a part of restoring a family by caring for grandchildren.  These valuable intergenerational relationships can change a child’s future and can be a significant aspect of family restoration.

Medicaid and Health Care Reform for Family Restoration

As people age, families make adjustments economically, socially, and in health care.  Health care and Medicaid eligibility becomes a consideration.  Aging family members need information and family support to freely make those important decisions.

Bryon Ackerman, Regent Law 2013 Graduate, studied Medicaid law as it relates specifically to Arizona residents in his recent research for a course in Elder Law.  His findings and analysis are helpful for any family as they consider the need for Medicaid assistance.  His presentation can be viewed here.  You can read a portion of his article entitled "What You Need to Know About Medicaid" here.

Many changes are coming to the Medicaid program through Congress's passage of the Affordable Care Act.  Also in Elder Law last semester Ryan Hofman, Regent Law 2013 Graduate, researched the effects of the new health care law on the elderly and their families.  He considers the philosophical underpinnings of the Act, concluding that utilitarian theory may underlie the legislation, noting "a disturbing trend in modern medical thinking that will have a significant impact on today's elderly population."  Hofman's presentation can be viewed here.  His article provides a solid introduction to the Affordable Care Act, describing the concept of utilitarianism and its relation to the medical field, and giving a Biblical perspective on utilitarianism.  The article then offers evidence that the Act will  potentially promote utilitarian practices that will negatively affect the elderly and their families, but also considers some potential methods for dealing with this possibility.  Hofman's article attempts to answer whether there will be inequality in health care rationing based on utilitarian precepts.  The introduction to his well written article can be viewed here.

Family strength provides a safe environment for elderly family members moving toward health care concerns and Medicaid consideration.  Family restoration allows for those aging family members to be protected while moving through the seasons of life.

Pets, Seniors, and Elder Housing

Jennifer M. Brown (Regent Law J.D. Candidate 2014) researched the issue of senior housing prohibitions on pets to determine what fosters the best interests of the elderly. Seniors without family members may benefit from amended laws on pets.  

The correlation between companion animals and the elderly and their quality of life has been recognized by numerous scientific reports.  Brown asks whether changing an animal's status from pet to companion animal and expanding the definition of emotional support and service animal to include companion animals would help to alleviate discrimination against the elderly when they are denied suitable, affordable housing because of their companion animals that provide psychological and emotional support not related to a disability.  Her research discusses housing laws and trends for seniors, pet policies of assisted housing, and the connection between pets and elderly well-being. 

She writes, "The use of animals to help rehabilitate those with disabilities or illnesses dates back to ancient Greece, when horseback riding was used to raise the spirits of the ailing.  Use of companion animals to increase mobility and emotional dependence contributed to heightened public attention and support for organizations to train more animals and implement more programs for the disabled.  The increased visibility also caused a strong push for lawmakers to recognize the benefits of these programs and to provide support and protection for the disabled and their service pets. While all States and the District of Columbia have implemented policies to protect disabled individuals with service animals against discrimination to access public facilities and housing, those policies were limited to only cover guide and hearing dogs. It was not until 1973 when Federal Legislation created Section 504 of the Rehabilitation Act, and again in 1988 when it created the Fair Housing Amendments Act (FHAA), that anti-discrimination protection extended to the disabled and their use of service animals was clarified. "  Brown considers relevant statutory code to unpack the concerns for elderly surrounding this issue.

Today, the emotional bond between human and pet has intensified to where owners now prefer the term “animal guardian,” and refer to their “companion animal” or “family member” instead of “pet.” According to the American Pet Products Association’s National Pet Owner Survey taken between 2011 and 2012, with the total number of U.S. households estimated at 117.5 million; around 38.9 million households have cats and around 46.3 million have dogs. Companion animals, though not human or legal family, have always been recognized as beneficial to their human owners. 

Brown argues that pets bring joy, entertainment, and love, and studies have shown that pets also contribute significantly to the physical and emotional well-being of humans by creating a positive effect on the owner’s health, both directly and indirectly, and that recognition of the correlation between animals and their therapeutic effect on humans have been and should be widely recognized.  You can read the introduction to her article here and view her presentation based on the article here. 

A pet as part of a senior's family could make a difference.

Nursing Homes, Family Restoration, and the Household Model

Earlier this year a frightening event occurred in a nursing home when a woman fell into cardiac arrest, and a 911 call recorded the facts that no one at the nursing home was authorized to provide CPR for the resident.  See the full story from Fox News.  

Knowledge and awareness are critical for elderly family members making health care and residential decisions.  Daryl Hayott, Regent Law 2013 Graduate, investigated the major factors in making an informed choice for nursing homes.  His presentation can be viewed here, and his fine article can be read  here.  Nursing home knowledge is key in the residential care decision making process.

A new alternative to a traditional nursing home is a residential facility that follows the household model.  John Dooley, Regent Law Graduate 2013, researched this area of elder law.  He writes, 

With the number of "Baby-Boomers" reaching retirement age, the long-term care industry has never been more relevant in the national consciousness as it is today. Long-term care facilities have come under a good deal of scrutiny in the past few years, not only on the basis of their financial accountability and marketing practices, but also for the care and environment they provide for residents. The term "nursing home" often elicits an almost visceral reaction from the general public, and often the image painted is one of the sterile medical environment, fluorescent lit hallways filled with wheelchairs, and those wheel chairs filled with patients whose medications have left them slumped over, incontinent, and incomprehensible. While this reaction is not entirely unfair, and while sadly it does reflect some of the environments that still exist, particularly for lower income elderly residents, the long-term care industry has been making strides towards a different approach to elder care. This change began to really grow feet in the 1980's, and the concept of retirement communities and long-term care communities truly took shape. Although long-term care homes had been in place since the early years of American history, most of these homes were church-run charitable organizations. The idea of the retirement community was the health care industries' response to a growing need for marketable care and mounting criticism of the lack of dignity preserved for residents of the traditional nursing home. ... The newest model of care is called the "Household Model." This model of care is meant to minimize the institutional aspects of long-term care, and create a closer proximity to a free-standing home environment that more closely mirrors the home environment the resident may have had prior to entering the facility. This model has a lot of positive attributes and has met with tremendous success in certain facilities.

You can read the entire article here.  

This type of knowledge is helpful and directive in making critical care decisions.  Elderly family members deserve support and assistance from their families in making these life-changing residential decisions.  

Grandparents for Family Restoration

In her excellent article entitled, "Here We Go Again: The Financial Difficulties Faced By Grandparents Raising Grandchildren," Elizabeth Anderson, Regent Law Juris Doctor 2012, considers the valor of grandparents who raise their grandchildren. She identifies the courage needed to take on such family responsibilities and writes,

"You’ve finally made it: retirement. After more than forty years in the workforce, you can finally take that dream vacation, buy that motorcycle you always wanted, or learn to fly an airplane. Then you receive an unexpected phone call from your recently-divorced son. He has been charged with a felony and is facing jail time. He needs you to take care of your seven-year-old granddaughter. You have money saved up for you to live off of, but you never expected bringing another person into your home. What are you going to do?

It's no secret that the concept of a 'traditional family' has changed dramatically over the years. The breakdown of the nuclear family has had a tremendous impact on society, such that it is no longer uncommon to find a child being raised by a single mother, a homosexual couple, or grandparents. The focus of this article is on the third group: grandparents raising grandchildren. This phenomenon falls under the category of kinship care. Kinship care is defined as "any form of residential caregiving provided to children by kin, whether full-time or part-time, temporary or permanent, and whether initiated by private family agreement or under the custodial supervision of a state child welfare agency." This article will examine whether kinship care is dis-incentivized when grandparents who raise their grandchildren do not receive the same government assistance as foster parents.

Section I discusses the background and history of this dilemma. Section II examines state statutes, case law, as well as biblical principles implicated by grandparents raising their grandchildren. Finally, Section III will present potential solutions for state legislatures and grandparents who find themselves faced with the decision of whether a grandchild should be placed in foster care or kinship care." Read her entire article here.

The rapidly growing phenomenon of grandparents restoring a family for their grandchildren is a picture of love and courage, from those who have already been there, and are willing to lay aside their own self interests to provide for the best interests of grandchildren in need of a strong family.

Church or State? Family Care for the Elderly

Government medical care of the elderly through Medicare is a hot topic in any election year. Such a debate can also be useful in thinking about notions of family provision for elderly family members. William Sydnor Jr., Regent Juris Doctor 2012 has written an article examining this discussion in "Church or State - Who Should Take Care of the Elderly."

His article begins with an explanation of the foundational natural law obligation for Christians to care for and honor their mothers and fathers. With a view toward strong families, he also discusses why this commandment is not restricted to one’s blood relatives. The article then provides an historical background of the provision of welfare; explaining the Church’s role in welfare provision prior to the enactment of the current government programs provides historical context for a current debate.

Sydnor then explains how the Church currently participates in the provision of welfare. outlining the current level of involvement by the Church. An explanation of the role of the government in the provision of welfare assistance in the United States to the elderly specifically through the development of Medicare and Medicaid is then offered.

The article explains how Medicare and Medicaid have become unsustainable fiscally while also effectively pushing the Christian provision of welfare out of the picture. Sydnor offers a solution that is grounded in natural law that will, if adhered to, serve to reinstate the Church into its mandated role as provider of welfare. He writes, "The Church must take the first move providing fully for the needs of the truly indigent elderly (without government assistance); thus, leaving the government with the decision to either continue as is, providing more benefits than receipts allow, or to cut the benefits paid to the elderly. This would allow Congress to exit the welfare business without political consequences; thus, ending the almost absolute tax on earnings currently funding Medicare, and allowing Christian values of generosity and love for one’s neighbor to replace it." Read his entire article here.

Family care for the elderly can be accomplished without government intervention. Providing for elderly family members' medical care is a notion that is worth exploring in the pursuit of family restoration.

Family Challenges to End of Life Decisionmaking

Exploring legal and public policy issues of elder law in class is one aspect students appreciate at Regent University School of Law. Amy K. Vitale, Regent Law Juris Doctor 2012, focused on policy implications in her research on life-saving measures. Researching the use of routine medical overtreatment which can in turn foster euthanasia, her article is entitled, "My Achy-Breaky Heart: How routine medical overtreatment has forced the need for a complex legal approach to euthanasia." Vitale discusses the challenges to considering a lifesaving medical invention that may prolong life to the point of causing a patient to instead suffer longer for death.

The question every patient faces is whether life-lengthening measures are always the most desirable in end of life decision making. Families and individual patients struggle with these decisions. Vitale writes, "End of life decision-making is inevitably painful and is wrought with difficult and complicated questions of what medical treatment to pursue or not pursue. Modern medical technology is among the many marvelous advantages of life in the twenty-first century. Despite its acknowledgeable flaws, the American medical system still affords greater opportunities for medical treatment than at any other point or place in history. However, though modern medical technology has made what was once thought impossible, possible, it has also opened the door to scores of new ethical issues – ethical issues for which academics, medical professionals, politicians, and lawyers have struggled to build a functional framework. The tireless application of medical technology that has advanced and prolonged human life has also forced a societal and legal debate over whether a person may deem their life so unlivable as to end it voluntarily." Read her entire article here.

Families and individuals facing these challenging questions are not alone. With the assistance of good doctors and lawyers, and spiritual counsel, medical decision making, though on a new horizon, can bring families restorative powers for loved ones even in end of life decision making.

What Families Need to Know About Nursing Home Abuse

Family restoration can involve the protection of senior family members, particularly when they may be vulnerable in physical and mental health.

Recent Elder Law student Alycia Schwarz, Juris Doctorate Candidate 2012, and President of Public Interest Legal Advocates of Regent (PILAR), has written about this area of law, and what can be done to protect seniors.

Alycia's article discusses whether the system of implementation of the Federal Nursing Home Reform Act of 1987, which is designed to protect our elderly, is adequately implemented when our loved ones are abused. As the baby boomer generation ages, the care and protection of many senior citizens is placed in our hands. Vulnerable elders should be informed of their rights, as well as encouraged and assisted in voicing grievances when it comes to personal care. In fact, nursing home injury claims are ways that attorneys can protect seniors and their families. Read her entire article here.

Nursing home injury suits have surged in the past few years. Due to the vulnerability of elderly patients, injuries are often severe, and jury verdicts can reach into the millions. Families need to be aware of how to protect their elderly members, and attorneys assist in that process.

Hoarders Hinder Their Own Family Restoration

Hoarding can be a problem faced by numerous individuals, many of them elderly, and has been highlighted by reality television shows recently. Julie Maxey, J.D. 2012 Candidate and Associate Member of the Regent Alternative Dispute Resolution Board plans to practice law in Texas and has written an excellent article dealing with this problem of hoarding. She writes:

"With the elderly population in Texas growing rapidly as Baby Boomers age, the risk of elder abuse also grows. Elder abuse encases multiple types of abuse including physical and mental abuse, fraud and financial exploitation, neglect, and self-neglect. For many years, self-neglect was not considered a form of elder abuse because of the unique character of the abuse. With self-neglect, the elderly person is not only the victim but also the abuser. Because there is not another party involved in the abuse in self-neglect it was rejected as a form of elder abuse for years. In the last couple of decades, the issue of elder self-neglect has gained more attention as a legitimate form of elder abuse across the United States."

Hoarding is a recognized form of self-neglect, and really harms individuals, often isolating them from their families. A&E's Hoarders, as well as TLC's Hoarding: Buried Alive, are television shows that have begun to expose the extreme issue of hoarding. Several of the hoarders featured on these television shows are elderly - an indicator that something must be done to address this problem of elder self-neglect that is plaguing America's growing elderly population.

Julie's article examines whether Texas State Law regarding elderly self-neglect is sufficient when there will be an explosion of the elderly population in the next several years likely yielding a statistical rise in elder self-neglect. Section I discusses the background of the issue of elderly self-neglect. Section II will examine the procedure that is in place now to address the issue of elder self-neglect. Section III analyzes the statutes, procedures, and statistics dealing with elderly self-neglect in the state of Texas. Section IV then presents possible solutions and remedies to this growing problem. Read the entire article here.

Families may need assistance to know how to help their elderly family member from self neglect brought on by hoarding. The law can be a part of that restoration by protection elders from self abuse.

Health Care Fix for Families

The Patient Protection and Affordable Care Act (PPACA) was the focus of Supreme Court Arguments last week. Whether such a federal law can require health insurance participation of all Americans was a large focus. Recognizing this and other concerns, Garrett Stevenson, Candidate for Juris Doctor, 2012, and Staff Editor, Regent University Law Review has written a piece for Elder Law about PPACA and how to fix it.

His article examines whether a federal law allowing individuals to purchase health
Americans by giving more choice of coverage and lower costs. Section I discusses the history of health care in the United States, including the policies that have led to higher costs for some individuals and proposed state legislation to counteract this trend. Section II examines and analyzes the Patient Protection and Affordable Care Act (PPACA) as it relates to where individuals may purchase health insurance, and a statistical analysis of the legislation. Section III then presents and examines the alternative option of amending PPACA to allow individuals to purchase health insurance premiums from any state they choose and why opponents’ fears of allowing this freedom are unfounded.

Amending the federal law by allowing individuals to purchase health insurance across state lines would decrease the number of uninsured Americans, lower costs for both individuals and the federal government, and create more efficiency for families generally by providing the right amount of health insurance to meet each individual’s needs. Read the entire article here.

Rx for Florida Medicaid in light of PPACA

As states struggle with the growing costs of Medicaid as well as the uncertainty surrounding the Patient Protection and Affordable Care Act ("PPACA"), they are working to manage the costs of Medicaid while at the same time maintaining adequate healthcare for their citizens. PPACA will challenge families' financial health, and bring new economic burdens to states.

Florida Governor Rick Scott recently pledged, "In light of the threat of ObamaCare's rapid growth of Florida's Medicaid population, we must ensure Floridians have the doctors they need to receive quality care, while also protecting taxpayers from out-of-control Medicaid costs."[i][i]

Is there a way to ensure that Medicaid has enough funds without Floridians incurring additional taxes? Whitnae Hallbauer, Regent Law J.D. 2012, has written an article which considers whether the Florida intestate succession statutes, which allow for a decedent's children only to take part of the intestate estate with the surviving spouse should be altered to allow for the elderly parents of the decedent to take part of the intestate estate as well when the parents rely on Medicaid. She writes, "In order to help alleviate the problems that the Medicaid program in Florida will be facing in the future, especially since the elder generation population will continue to grow in the upcoming years, Florida may need to temporarily change the intestacy statutes as one option to relieve the burden of Medicaid." Read her article here.

New health care laws will challenge states and families economically, and may even carry with them new concerns for family deconstruction.

________________________________________

[i][i] Governor Scott Signs Legislation Reinforcing Florida’s Health Care Safety Net, THE OFFICE OF THE 45TH GOVERNOR OF FLORIDA RICK SCOTT (July 1, 2011), http://www.flgov.com/2011/07/01/governor-scott-signs-legislation-reinforcing-florida%E2%80%99s-health-care-safety-net/.

Family Restoration to Protect the Elderly

Mary Coleman lay on the floor, crying hard enough to warrant her nephew, Steven King, to tell her to “shut up” while he and his mother watched television. Upon Ms. Coleman’s accident, her sister, Veronica King, took over six thousand dollars out of Coleman’s bank account. Though in the care of her own family, she was betrayed physically, personally, and financially.

Unfortunately, the physical abuse and monetary fraud experienced by Ms. Coleman is not unheard of; as a matter of fact, aged celebrities can be subjects of financial fraud and abuse. Actor Mickey Rooney filed a lawsuit which alleged his stepson, Christopher Aber (Aber), forced him to live in poverty while Aber spent the money Rooney should have been receiving from his Social Security and from residual checks from movie royalties. The lawsuit accuses Aber, as well as others, of elder abuse, fraud, and breach of fiduciary trust.

Mickey Rooney came forward with the lawsuit against his stepson after he spoke with congressmen from the Senate Special Committee of Aging. Rooney emphasized the importance of passing congressional legislation which would protect the elderly from fraud and financial abuse. In response, chairman of the aging committee, Senator Herb Kohl, re-introduced the Elder Abuse Victims Act and promised to introduce another bill geared toward elder domestic abuse at a later date.

An article by Justin M. Coretti, Regent Law Juris Doctor Candidate 2012, and Fall 2011 Elder Law student, examines whether the elderly are adequately protected from financial fraud through federal and state statutory regulations and how further preventative methods for monetary fraud against the elderly may be established in a local governments and communities. Section I delves into an explanation of what elder fraud is and the different types of fraud that affect the elderly; it also inspects statistics which demonstrate how often the elder are subject to monetary fraud – sadly, even from their own family members. Section II examines federal statutes and programs on elder fraud and how the federal government attempts to prevent and rectify elder abuse. Statutes and programs from the states of Florida, Arizona, and New York are examined in order to observe what a few states have attempted in response to monetary abuse against the elderly. Lastly, Section III presents possible remedies and preventative measures on how to prevent elder fraud and abuse.

This article illustrates that the best way to prevent elder financial fraud and abuse is to educate and inform the elderly on how to protect themselves from exploitation through a multi-faceted approach. Families must be about protecting their elderly members, rather than abusing them, or taking their money. A mindset of family restoration makes all the difference in protection of any family member.

Read the entire article here.

Grandparents Restoring Families

The United States Census Bureau estimates that 4.4 million children currently live in households with at least one grandparent. As of 2005, the national percentage of grandparents who were responsible for the upbringing of their grandchildren was 42.8 percent. Nearly half of America’s grandparents are being parents again.

Elizabeth Anderson, Regent Law Juris Doctor 2012 Candidate, has written an excellent article about the work of grandparents around America who are caring for their grandchildren. By providing their grandkids with a strong family, they are sacrificing their own golden years autonomy for the greater good. She writes:

"It’s no secret that the concept of a 'traditional family' has changed dramatically over the years. The breakdown of the nuclear family has had a tremendous impact on society, such that it is no longer uncommon to find a child being raised by a single mother, a homosexual couple, or grandparents. The focus of this article is on the third group: grandparents raising grandchildren.

This phenomenon falls under the category of kinship care. Kinship care is defined as 'any form of residential caregiving provided to children by kin, whether full-time or part-time, temporary or permanent, and whether initiated by private family agreement or under the custodial supervision of a state child welfare agency.' This article examines whether kinship care is dis-incentivized when grandparents who raise their grandchildren do not receive the same government assistance as foster parents."

Anderson discusses the background and history of this dilemma, beginning with a description of this rapidly growing phenomenon from a national viewpoint. Her work then examines state statutes, case law, and biblical principles implicated by grandparents raising their grandchildren. The article then presents potential solutions for state legislatures and grandparents who find themselves faced with the decision of whether a grandchild should be placed in foster care or kinship care with grandparents. Read the entire article here.

Many grandparents are becoming the key to strong family restoration for their grandchildren.

Protecting Elders from Abuse Through Family Restoration

The holiday season means family gatherings, and an opportunity to check in on elderly loved ones. Emily A. Martin, Candidate for Juris Doctor, Class of 2012, has written an excellent article dealing with how to protect elderly family members from abuse through family restoration. She writes,

"As the population of elderly people in America continues to increase, so do the difficulties associated with caring for senior citizens. When people age, they often become unable to care for themselves and require the assistance of in-home caregivers, assisted living facilities, and nursing homes to help them in their day-to-day lives. However, these situations often lead to the physical abuse, intimidation, or punishment of the elderly people who rely on their caregivers.

Often, seniors are unwilling or unable to report the abuse to their friends or family. To make matters worse, family members, nursing home staff, and assisted living facility staff are frequently discouraged from reporting the abuse to the proper authorities. Attorneys who are helping elderly clients and their families plan for the future must be well-educated on the subject of elder abuse, including knowing how to recognize elder abuse and having an awareness of ways to prevent and fight elder abuse. Lawyers can then impart this knowledge to clients, giving them the ability to combat elder abuse when they are faced with it."

Emily's article examines whether legal or social resources for loved ones and family members of senior citizens are adequate when it is suspected that those senior citizens are the victims of physical elder abuse. It explains the definition of elder abuse and the many effects that elder abuse can have on elderly people and their families. It discussed the legal remedies and social resources available to those who wish to fight elder abuse, followed by suggestions for changes that must be made in order to combat and prevent elder abuse in the future.

Read the entire article here. This Christmas protect your elderly family members by finding ways to keep them safe and restore them to your family.