In virtually every category you can name, Baby Boomers—those persons born between 1946 and 1964—have fundamentally and irrevocably changed the sociological, economic, political and cultural landscape. Sheer numbers (78 million, according to 2006 U.S. Census data) are one reason the whims, wants and accomplishments of this generation run so deep. As this demographic prepares for retirement, they’re not about to settle for the Golden Years lived by their parents.

“It’s a different world, undoubtedly,” says Lou Tobian, associate state director for outreach and education for AARP. “In modern society we’ve discovered more nuance and understanding of what people need, and people are more nuanced about their own needs.”

Today’s seniors, he says, demonstrate far too much individualism to be denied choices that fit their individual tastes. This has driven advancements in every element of elder care and services. “A default position 20 years ago was you get to a certain age and you go into a nursing home,” he says. “Now there are many more options to consider, much more in line with what people actually want.”

In addition to independent and assisted living options that run the gamut of amenities and care, seniors are also increasingly invested in at-home supports where the required level of care or companion services comes to them.

Conversely, the challenges of living one’s later years have also become much more complicated. Scams perpetrated against seniors are growing, in part due to the wider access criminals have to potential victims. “The sort of tactics being practiced today are different than 20 or 50 years ago,” Tobian says. “There are so many ways of getting information that can be turned into a crime situation. The number one source of identity theft is from somebody stealing sensitive documents. What really pops up is somebody stealing your wallet or your purse. So, it’s not all computers.”

Legal matters surrounding final arrangements and estate planning have also become more complex, according to Little Rock attorney Kris Boyd. “I deal with a lot of blended families that I’m sure estate planners 30 years ago didn’t really do,” he says. “That puts some strain on how we are going to split everything up. Especially if one spouse passes away before the other, we don’t want anyone to get accidentally disinherited which can happen quite a bit with grandkids.”

Boyd notes while there is more attention being paid to estate planning by middle-aged and older clients, there’s still plenty of pitfalls and misconceptions that can catch people off-guard. “A lot of people think, ‘I don’t really need anything in place because I own everything with my wife and if I pass away, she’s just going to own it,’” he says. “The problem arises when someone owns something in their sole name, whether it’s a business, whether its property, whether its investment accounts.”

Boyd says such legal twists are one reason to avoid using online legal resources. For routine legal work, the potential cost savings aren’t that substantial and for complex legal matters, working with a live attorney ensures the proper level of expertise is applied.

The same principle applies to other legal matters, the most important of which is power of attorney. Raymon Harvey, longtime Little Rock elder law specialist, says the number one priority he preaches to clients is solidifying who will speak for your best interest in times when you cannot speak for yourself. “There’s a lot of assumption that because you’re married you can do pretty much anything for your spouse and it really isn’t true at all,” he says. “One of the issues that people get into is health care. Sometimes the money people have, the majority of it is tied up in a retirement account. Even if you’re married you can’t access your spouse’s retirement account. So, if that’s your biggest asset to pay for health care, that’s a problem.”

Other issues concern end-of-life decisions, such as whether to move into a care facility or hospice, how to handle questions of life support, executing funeral plans or settling estates.

“Generally, what I tell people is you need somebody who knows you well enough and is trustworthy enough to do what you want them to do,” Harvey says. “You’re giving them a lot of broad authority and while for most people it ends up being their spouse or a child, not everybody has that option. Regardless, it needs to be someone who understands you and is going to be there for you.”

Wise Words

3 important ways to help yourself and your family

1. With identity fraud at an all-time high, AARP suggests seniors pay attention to both high- and low-tech potential breaches. Don’t share sensitive data online, shred documents before you throw them away and don’t carry any more personal information than necessary. Finally, Lou Tobian, associate state director for outreach and education for AARP, suggests that you stay abreast of the latest scam activity in Arkansas by signing up for the free Fraud Watch Network at www.AARP.org/FraudWatchNetwork.

2. One aim of estate planning is avoiding probate court, which is what often comes into play when matters of inheritance are challenged or unclearly defined. “Probate court is time-consuming and expensive; even a pretty simple one can last two years, [during which time] all those assets are tied up in court,” says Little Rock attorney Kris M. Boyd. Avoiding probate court generally comes down to having a comprehensive and well-worded will as well as employing other legal tactics, such as establishing a trust or gifting of property, money or possessions while you’re still alive.

3. One of the most common mistakes people make—even those who are proactive in their planning—is failing to communicate with their families about their wishes concerning severe illness, end-of-life decisions or funeral arrangements, says Raymon Harvey of Harvey Law Firm. Such discussions, while not pleasant at the time, are appreciated later on as they can simplify decision-making at a time of high stress and grief.