Term Paper on "Does Society Have a Legal Obligation to Its Senior Citizens?"

Term Paper 12 pages (3904 words) Sources: 12

[EXCERPT] . . . .

Society & the Elderly

The American population is growing older -- due in large part to the aging of the "baby boomer" generation -- and the issues that surround the aging process, including the services and legal ramifications linked to getting older, are coming into focus more often and with more urgency. This paper delves into social security, death and dying issues, laws that impact the elderly, discrimination against older people, and financial issues as well.

As to the question -- does society have a legal obligation to its senior citizens? -- the answer is "no" with a qualification. Many leaders, politicians, clergy and ordinary citizens (including this writer) believe that society has a moral and ethical obligation to provide certain important health and financial resources for senior citizens.

Social Security -- The History and Today's Realities

When Franklin Delano Roosevelt (FDR) came into the presidency he believed it was his duty to first try to dig the country out of the Great Depression, and secondly he wanted to set the wheels in motion for future financial protections for the elderly. Roosevelt pushed the Social Security legislation through Congress and signed the bill into law in 1935; monthly taxes began to be collected from workers' paychecks in 1937 and benefits began being paid to seniors who were enrolled in Social Security in 1940 (Social Security Online, 2011).

In one of his 1935 "fireside chats" (Buhite, 1992, p. 66) FDR said "We must begin now to make provision for the future and that is why out social security program is an important part of the complete picture." FDR saw Social Security as an "old age pension" that was of course designed to provide income for the elderly, but he also foresaw that it would make it easier for older people to "give up their jobs and thus give to the younger generation greater opportunities for work…" (Buhite, 66).

Moreover, FDR told the nation through his radio format that Social Security checks would not only help guard against the financial pinch that comes during layoffs (guarding "against dependence upon relief") but it will help sustain the "purchasing power of the nation" and "cushion the shock of economic distress" (Buhite, 66). Also, FDR said Social Security will give an "incentive" to employers to plan more carefully in order that unemployment may be prevented by stabilizing employment itself" (Buhite, 67).

The Social Security Administration (SSA) released a fact sheet in August 2010 reflecting that: a) SSA paid benefits to about 57.6 million people in 2009; b) for about 64% of aged beneficiaries of Social Security, their SS checks were "at least" half their total income; c) women accounted for 56% of adult Social Security beneficiaries in 2009; d) in 2008, some 88% of married couples and 86% of non-married persons aged 65 or older received Social Security benefits; and e) Social Security (in 2008) was "90% or more of income for 21% of aged beneficiary couples and 43% of non-married beneficiaries" (SSA, 2010).

Meantime, do senior citizens wield any political power as a block of voters concerned about the central issues of their health, prosperity and well-being? The answer is yes. Indeed, the most important form of political power that senior citizens have in the United States today is "electoral bluff" (Binstock, et al., 2010). The electoral bluff occurs when there is legislation suggested that may have an effect on Social Security -- especially when that legislation is perceived to be potentially harmful or in any way threatens the security of recipients of Social Security. An example of proposed legislation that got older people stirred up is when President George W. Bush introduced the idea of privatizing Social Security, and made it a major proposal for his administration. In the end, it hurt Bush because seniors balked at privatization.

Binstock recalls that Bush had a "long history of ideological distaste for Social Security" and in fact it is noted in Binstock's book that while in business school Bush had "denounced President Franklin Roosevelt as a socialist, and specifically identified Social Security as one of several New Deal programs that he opposed" (Binstock, 273). Organized labor and the American Association of Retired Persons (AARP) came out strongly against the Bush proposal, which would have obliged seniors to set up private accounts and the Social Security payroll taxes would be funneled into those accounts. Supposedly it would have given older people flexibility and the opportunity to chose their own investments, but seniors liked the program just the way it was, and Bush retreated.

When united behind an advocacy organization like the AARP, and other groups that lobby for and advocate for older people, seniors can pack a powerful punch in Washington, D.C., Binstock explains on page 270. The AARP showed it was a powerhouse for seniors by spending "millions of dollars of the organization's wealth on ads in the nationwide and state media venues," and in the case of the Bush privatization scheme, the money was put to good use (Binstock, 274).

The AARP watched the bitter battle of ideologies, personalities and budgets play out in the recent debate over raising the debt ceiling in the nation's capitol, and the CEO of the AARP, Barry Rand, offered some comments for the millions of AARP members on August 2, 2011. Rand first of all said he -- like the majority of older people -- was glad the country did not default on its debts, which would have hurt nearly ever aspect of the economy, including older people. Secondly, Rand said he was pleased that this deal cut between the White House and Congress did not cut Social Security or Medicare in this first round of deficit reduction.

However, Rand pointed to the uncertainty for older people that lies ahead, because part of the legislation that raised the debt limit also has created a "super committee" of members from each party that will recommend further cuts in the federal budget to try and get the debt reduced. Rand is worried that by using a Congressional committee to decide what gets cut, it denies Americans "…a voice in the discussion about critical tax, health and retirement issues" (AARP, 2011, p. 1). What happens if the "super committee" can't reach agreement? AARP is concerned that the "trigger" built into the deficit reduction legislation will "arbitrarily cut provider payments under Medicare, which could unfairly shift costs to seniors" (AARP, p. 1). The AARP will "continue to raise the voices of millions of Americans who rely on their Social Security and Medicare benefits and oppose benefit cuts for deficit reduction," Rand concluded. Not cutting Social Security and Medicare is the strong position that President Barack Obama articulated at numerous times during the tumultuous, contentious and sometimes caustic debate over the debt ceiling issue (AARP, p. 2).

The bottom line for older people today? They can't totally rely on Congress to do what's right for them because the House of Representatives has a majority of conservatives that have shown they are not sky about hacking away at federal entitlement programs, notwithstanding the social and financial pain seniors would have to endure.

Death and Dying Issues for Older People

The National Institutes of Health (NIH) provides a number of services -- and links to important agencies -- for older people through a series of "Advance Directives" (nih.gov). The advance directives are designed to help people as they get older to make decisions about what kind of "end-of-life" care they wish to have. The NIH suggests that older people should make a "living will" that explains in legal terms to healthcare professionals what you want done should you become "too ill" or should you "hurt yourself" and can't articulate your wishes. If you are seriously injured and can't breathe on your own, do you want to be "resuscitated" and do you want to be hooked up to a "breathing machine"? Do you wish to have your organs donated to others when you pass away? These are questions that the NIH urges people to address -- through the strategy of an advanced directive -- when they are able to, so there won't be confusion later in life when people may be incapacitated (NIH).

The Family Doctor healthcare Web site (a link provided by the NIH) explains that a "living will… is a written, legal document that describes the kind of medical treatments or life-sustaining treatments you would want if you were seriously or terminally ill" (Family Doctor). It is an "advance directive"; another advance directive is the act of giving the power of attorney to a family member or spouse. Whenever you are unconscious, or mentally unable to make medical decisions, that person whom you have given your power of attorney to makes those decisions for you based on what you have legally agreed to in your living will.

The Family Doctor information assures older people they do not need to fill out "complicated legal documents" to have their advance directive become official. A person can… READ MORE

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