Monday, November 07, 2011

Call in for free advice to avoid investment fraud 11/10/11

Protecting Americans from Financial Abuse - Toll Free Nationwide Call-In Service on November 10th

Kiplinger, along with several national organizations, is holding a toll free, nationwide call-in service on Tuesday, November 10th from 9:00 am to 6:00 pm ET. The service, entitled Protecting Americans from Financial Abuse, will provide free advice and guidance on how to protect yourself and your loved ones against investment swindles and financial abuse. Members of the Financial Planning Association, National Adult Protective Services Association and health care professionals will answer your questions.

Use the following phone numbers for questions on specific topics:
General Finance Questions: 888-227-1776
Medical Questions: 888-303-0430
Financial Abuse Questions: 888-303-3297

For more information about the event, visit the Investor Protection Trust' s website http://wfc2.wiredforchange.com/dia/track.jsp?v=2&c=JvDFdgIXZxzTwbOzwsWySX0oclWCFHtD and a 2 page pdf of a flyer about the event here www.investorprotection.org/downloads/pdf/learn/Prevent_Elder_Fraud_Call-In_Flyer.pdf

Thursday, November 03, 2011

How to create a Volunteer Guardianship Monitoring program

At the West Virginia Access to Justice Commission public forum held at the law school in Morgantown on November 1 several citizens spoke about problems with adult guardianship in West Virginia. The issues identified included lack of relevant disability training required (or even offered) for attorneys appointed to defend against guardianship, failure of judges to tailor guardianship orders to the specific needs and capacities of the individual protected person, lack of oversight to keep guardians and conservators from abusing their authority, and lack of adequate resources in Adult Protective Services and the Sheriff's offices who are the guardians and conservators of last resort.

The American Bar Association (ABA) has developed a model project that might address some of these concerns. "Guardianship monitoring helps courts to manage risks, prevent abuse, and increase public confidence in the judicial system. Using trained and supervised volunteers extends the monitoring capacity of the court."

Materials including a program coordinator's handbook, a trainer's handbook, and volunteer handbook, and a multitude of forms and recruitment materials are available for free download at www.americanbar.org/groups/law_aging/resources/guardianship_law_practice/court_volunteer_guardianshipmonitoring.html

Thursday, October 20, 2011

National Adult Protective Services Resource Center to be created

The first National Adult Protective Services (APS) Resource Center will be established by the National Adult Protective Services Association (NAPSA) through a grant awarded by the US Administration on Aging (AoA). The goal of the Center is to provide state and local Adult Protective Services Programs with with current, accurate, research-based information and assistance to improve their capacity to provide effective protective services to vulnerable and elder adult abuse victims. Adult Protective Services (APS) are established by law in every state to receive, investigate and respond to reports of physical and sexual abuse, caregiver and self-neglect, and financial exploitation of older persons and of younger adults with severe disabilities.

"Cases of adult abuse, including rape, serious physical violence and extreme neglect, where victims are left to lie in their own waste without adequate food or water, are skyrocketing. Financial abuse cases, which may involve the theft of hundreds of thousands of dollars, are increasing especially rapidly. Most APS victims have dementia or other significant disabilities and need protection and services. This new National APS Resource Center will provide state and local APS programs with the tools and information they need to respond effectively during this time of diminishing resources," said Kathleen Quinn, NAPSA's Executive Director. The objectives in establishing the National Adult Protective Services Resource Center are to: 1. Identify evidence-based best practices for APS programs and interventions; 2. Establish national baseline data on "state of APS" in 2012; 3. Identify and promote the evaluation of novel, but unevaluated, APS promising practices; 4. Compile and synthesize research that informs APS programming and interventions; 5. Provide specific and targeted technical assistance to state and local APS programs to facilitate the implementation of identified best practices and research findings.

Project activities will include the creation of an APS Resource Center webpage, Facebook page and Twitter account; comprehensive reports based on surveys of APS programs, applicable research and innovative practices; research and training webinars, a monthly newsletter, an APS-specific listserv and information packets. The National Adult Protective Services Association (NAPSA) was awarded $199,956 for the first year; the grant time frame is three years.

NAPSA's partners in the APS Resource Center are:• National Association of States United for Aging and Disabilities (NASUAD); • National Council on Crime and Delinquency (NCCD); • American Public Human Services Association (APHSA); • National Committee for the Prevention of Elder Abuse (NCPEA); • Catholic University's School of Social Service's Center on Global Aging; • Women's Institute for a Secure Retirement (WISER); and • San Diego State University's Project MASTER in the Academy for Professional Excellence.Health Benefits ABC's will evaluate the project. Kathleen Quinn will be the Center's Director and Andrew Capehart of Ohio and NAPSA will be the Assistant Director.

ABOUT NAPSA: The National Adult Protective Services Association is a 700+ membership organization which represents state and local Adult Protective Services (APS) programs and professionals, and which serves as the national voice of vulnerable adult victims of abuse, neglect and exploitation. NAPSA hosts the only national conference on elder abuse, abuse of adults with disabilities and APS, as well as the National Summit on Elder Financial Exploitation. NAPSA provides other training and services to its members as well and participates in national policy efforts to address elder and vulnerable adult abuse. For more information: www.apsnetwork.orgContact: Kathleen Quinn, Executive Director, NAPSAkathleen.quinn@apsnetwork.org 202-558-4850

Friday, October 14, 2011

Medicare Part D Open Enrollment Starts Tomorrow!

This year the Medicare Part D Prescription Drug open enrollment period starts and ends early, and is one week longer than it has been since it began in 2006. Open enrollment in 2011 is from October 15 through December 7 and your new plan election coverage will begin January 1, 2012.

Open enrollment is the annual period during which Medicare beneficiaries can choose to change to a new prescription drug plan or enroll in a plan for the first time if they have been eligible to enroll previously but chose not to. Unlike Medicare Parts A and B there is no public option for prescription drug coverage, you must choose from the numerous private prescription drug plans available under Part D.

By "numerous" I mean 36 plans available for West Virginians (and Pennsylvanians, who are also in our prescription drug plan region). This is a substantial decrease from the first years when over 80 plans were available, but a small decrease from last year, when we had 38 plans from which to choose. Half those plans this year have $0 deductible. The lowest premium is $15.10, the highest is $115.60. Two-thirds of the available plans in WV still have a donut hole (a point where you have no coverage at all after reaching a certain out-of-pocket outlay for the year).

Overall nationwide plan formularies (lists of covered drugs) seem to have largely stabilized, unlike the significant reductions in coverages we saw over the first several years of Part D. There have also been few changes regarding restrictions to coverage (for example requirements that the patient first try a cheaper drug before getting approved for coverage for a more expensive drug) this year compared to last year.

Low-income subsidies (commonly referred to as "LIS" or "Extra Help") are still available for those who qualify according to income and assets. LIS can cover premiums, deductibles, co-pays, and eliminate coverage gaps, depending on which subsidy you qualify for. Some beneficiaries are automatically qualified and enrolled in LIS, including those who are also beneficiaries of some form of Medicaid including QMB, SLMB and others. People who do not already receive Medicaid may still be eligible for LIS but may have to apply to be enrolled.

Any beneficiary who receives a notice about Medicare Part D extra help, especially a letter that is on colored paper, may have his or her benefits reduced or terminated if he or she does not respond.

Overall most Medicaid beneficiaries will benefit from the earlier and slightly longer open enrollment period, the stabilizing of plan options, formularies, and gap coverage, and the relatively low increase in average premiums this year.

As always the only practical way to compare and determine which plan is best for you is to use the Planfinder on Medicare.gov. The best source of assistance for West Virginians in choosing a plan, understanding a notice about Medicare benefits, or solving a problem related to Medicare Part D coverage is your local SHIP counselor who is housed in your county senior program. You can get contact information for your SHIP counselor at www.wvship.org.

Tuesday, September 27, 2011

Elder abuse prevention lawyer wins Genius Grant

The John D. and Katherine T. MacArthur Foundation awards $500,000 Fellowships each year to each of around 20 individuals who "show exceptional merit and promise for continued and enhanced creative work." Since they began in 1981 MacArthur Fellowships, commonly known as "Genius Awards," have been given to outstanding individuals working in a variety of fields including artists, scientists, philosophers, writers, historians, filmmakers, and a few civil rights and human rights lawyers.

This year for the first time an Elder Rights attorney has been awarded a MacArthur Fellowship. Maria-Therese Connolly, a scholar, policy advocate, and lawyer, has worked tirelessly to address elderabuse and financial exploitation of older Americans throughout her career. She has worked for the US Department of Justice combatting fraud, headed up the Clinton administration's Elder Justice and Nursing Home Initiative, and architected the Elder Justice Act, the first federal legislation devoted to the prevention, detection, and prosecution of elder abuse, neglect, and exploitation.

By choosing an advocate against elderabuse to win this prestigious award the MacArthur Foundation adds to the voices of aging advocates everywhere saying that freedom from elderabuse is a vital civil right.

Tuesday, September 06, 2011

Medicare Open Enrollment Oct 15 - Dec 7

Your local SHIP counselor is probably happy that Medicare has moved open enrollment to begin and end earlier starting this year, though it's also a little longer. Every year changes are made in virtually every Medicare Part D prescription drug plan, and your prescription drug needs may have changed, too. Every Medicare beneficiary should review the changes and reconsider options every year before the end of open enrollment ends and the opportunity to change plans ends until next year.

Starting this year open enrollment begins October 15 and ends December 7. This is the time any Medicare beneficiary may change plans without penalty or coverage interruption, and your new plan choice becomes effective January 1.

West Virginia Medicare beneficiaries can get help reviewing options from local SHIP (State Health Insurance Assistance Program) counselors at county senior centers. You can compare your current coverage with other available plans yourself at www.medicare.gov/find-a-plan.

Monday, August 08, 2011

WV Access to Justice Commission holds public forums throughout state

The US and WV Constitutions promote "justice for all." But we know that it is easier for some West Virginians to get justice than others. The WV Supreme Court created the Access to Justice Commission to identify and take down barriers to justice in our state, to make good on the promise of justice for all, not just those with money, power, and influence.

The Commission is hosting a series of public forums in 6 cities across the state to solicit input from the public.

What barriers exist for older people and people with disabilities in our state justice system? What barriers exist for minorities? For LGBT individuals?

Please come one, come all, and take this opportunity to talk to the Commission about what you know about barriers to justice in WV. The first public forum is in Beckley at Tamarack on Tuesday evening 8/16 from 6p to 7:30p. Other forums will be held:

- Aug. 29, Martinsburg
- Sept. 12, Huntington
- Sept. 26, Wheeling
- Nov. 1, Morgantown
- Nov. 15, Charleston

Special thanks to Pikewood Creative for this message below from WV Supreme Court Justice Benjamin:

Friday, August 05, 2011

an adult child caregiver's perspective

I stumbled across a blog today that I suspect many in the aging services world would find interesting. "Life With Father" is a journal about one man's view of taking care of his 89-yr old father. It's not candy-coated, something I think we can all appreciate. He talks about the minutiae of daily living as well as some of the more philosophical thoughts he has about how much of this is a preview for his own aging future. I find it refreshingly real. http://midlifemidcape.wordpress.com/

Friday, July 22, 2011

WVAG wins judgment against BlueHippo

The West Virginia Attorney General's Consumer Protection division has won another case against a company who scammed numerous West Virginians. A Kanawha County Circuit Court judge ordered that BlueHippo is enjoined from doing business in WV, voided all existing contracts with WV residents, and cancelled all consumer debts under all those contracts.

You may remember the TV commercial campaign from BlueHippo several years ago offering a new state-of-the-art brand-name computer plus monitor and other free accessories on a payment plan to anyone who had a checking account. The commercials didn't disclose the many onerous hidden terms of the contract that buyers would be required to sign, including their no-refund policy. Many consumers never even got the computers they were charged for.

Any WV resident who owed an outstanding debt under one of these contracts can now breathe easier, those debts are all cancelled and uncollectible. Anyone who receives an attempt to collect on these debts should contact the WV Attorney General's office at 1-800-368-8808.

Wednesday, June 22, 2011

Surviving Credit Card Debt free workshop in Charleston

The State Law Library will hold a free informational workshop on "Surviving Credit Card Debt" at 10 a.m. Saturday, June 25.

Education Librarian Sara Thompson will explain how to order, review, and understand a credit report, correct misinformation contained in the report, deal with debt collection calls, and write effective letters to creditors. The first 10 people to register will receive a free 88-page workbook with CD-ROM published by the National Consumer Law Center.

The State Law Library is located in the East Wing of the Capitol, Room E-404. Metered parking is available on California Avenue and is free on Saturdays.

The session is free and open to the public, but seating is limited and registration is required. Call the State Law Library at 304-558-2607.

Wednesday, June 15, 2011

Today is World Elderabuse Awareness Day

There will be a public rally on the north side of state capitol today from 1p to 3p. US Attorney for the Southern District of WV Booth Goodwin will be the keynote speaker.

There will be events held all over the country and all over the world today recognizing that no senior deserves to be abused, neglected, or exploited.

Tuesday, June 14, 2011

SSA Announces Policy Change on Probation/Parole Warrants

Following decisions in a Second Circuit appeal and to certify a class in a New York district court suit the Social Security Administration (SSA) has issued instructions stating effective immediately it will no longer stop or deny SS/SSI benefits based solely on probation or parole violation warrants.

SSA issued this Emergency Message EM-11032 on 5/9/2011 to field offices and ALJ's explaining the new policy https://secure.ssa.gov/apps10/public/reference.nsf/links/05092011035242PM

According to Gerald McIntyre at the National Senior Citizens Law Center (NSCLC) "all cases at any stage of the administrative appeals process must be decided based on these new instructions." The court has not yet determined what relief it will order for the class members in Clark v. Astrue.

Monday, June 13, 2011

Aged and Disabled Medicaid Waiver manual public comment period ends June 30, 2011

The Aged and Disabled Waiver (ADW) draft policy manual is now available for public comment. The manual may be found at http://www.dhhr.wv.gov/bms/news/Documents/110518Chapter_501_ADW_30.pdf . (It's 42 pages, scroll down through the first page to get to the Table of Contents.) All comments are to be sent to DHHR.BMS.Comments@wv.gov. Comments must be submitted by midnight June 30, 2011.

Elder Court in California

In Contra Costa County California cases involving harm to a senior get heard in a specialized Elder Court. The project brings together a wide variety of partners to help seniors get access to justice in ways that respond directly to their unique needs. The partners include senior peer counselors (who provide help and reassurance before and after court), legal self-help support, geriatricians from the local university, pro bono project, senior legal services, elder mediation, and follow up.

Elder Court handles a variety of casetypes, too. Criminal cases, conservatorships, financial abuse, physical abuse, civil cases, restraining orders, small claims, and more. Some types of cases are automatically docketed in Elder Court, others are referred by other judges or other lawyers.

The Court is in session every Tuesday. "The judges are specially trained, too, in cognitive functioning, aging, and elder abuse. It sharpens their insight."

Read an interview with an Elder Court judge at http://cclawyer.cccba.org/2011/03/the-elder-court-interview-with-judge-joyce-cram/.

Tuesday, May 03, 2011

New bank rules protect 2 months of benefits from garnishment

The US Treasury Department has issued new rules that went into effect May 1, 2011 designed to protect federal benefits from being garnished by collection agencies. Federal law already protected those benefits from most creditors. But as a practical matter aggressive debt collectors have been freezing people's bank accounts that contained only Social Security or Veterans or other federal cash benefits, causing a cascade of checks bouncing, shutoffs, and financial nightmares. It wasn't the bank's responsibility to determine whether the law protected those funds or not, it was up to the account holder to exercise her rights of protection. Many low-income seniors and other vulnerable adults didn't even know they had those rights or how to exercise them.

The new rules require banks receiving garnishment orders from commercial collectors to determine if the account electronically receives any federal benefits, and if so, to protect 2 months worth of the benefits for the account holder before turning over any remainder to the collector.

Government debts, like back taxes and federal student loans, can still be garnished and the new rules offer no protection from those collections.

Tuesday, April 26, 2011

New book "Delivering Legal Services to Low-income People"

Wayne Moore, pioneer of senior legal hotlines and 30 year veteran of aging and law, has written a book offering a comprehensive vision of an effective, efficient legal services system.

"Delivering Legal Services to Low-income People" is available from Amazon for $89.99.

Access to justice guru and blogger Richard Zorza interviewed Wayne about the book, see Part 1 of the 2 part interview here.

Tuesday, April 19, 2011

Medicare coverage for earlier Alzheimer's diagnostics?

Though medical research has not definitively established which biomarkers accurately predict Alzheimer's disease, the National Institute on Aging and the Alzheimer's Association are issuing new guidelines today that include an early stage where no dementia symptoms are present but brain changes have begun. The new guidelines reflect the desire for early diagnosis and prevention.

Rep. Market of Massachusetts has introduced a bill in Congress to establish specific billing codes for steps in Alzheimer's diagnosis to encourage early diagnosis and treatment.

For more information see this article in today's New York Times www.nytimes.com/2011/04/19/health/19alzheimer.html?_r=1&hp

Monday, April 11, 2011

Timeline for implementing healthcare reform

The Kaiser Family Foundation has created an interactive online timeline to show how different provisions of healthcare reform law will be implemented. Users can click along the timeline to expand each provision for more information. You can also customize what appears on the timeline by checking or unchecking boxes for different topics, such as Medicare, prescription drugs, affordability, fraud, and long-term care.

The interactive timeline is part of a larger website dedicated to providing understandable information about healthcare reform. Other pages on the site include flowcharts, videos, and summaries about various aspects of healthcare law including how the individual mandate to acquire insurance will work, how the law affects Medicaid, and a subsidy calculator.

The Kaiser Family Foundation is a non-partisan non-profit private foundation that produces research and policy analysis on healthcare in the US, provides a clearinghouse for public health information, and operates public health campaigns about HIV/AIDS.

Wednesday, April 06, 2011

Long-term Care Facilities and LGBT Adults

One of the first examinations of the LGBT experience with long-term care has resulted in a report called LGBT Older Adults in Long-Term Care Facilities: Stories from the Field. The report looks at an online survey conducted from October 2009 through June 2010 of 769 individuals, 284 of whom identified themselves as LGBT. Other respondents included friends and family of LGBT, service providers, and legal service providers.

The survey did not include a statistically representative sample. Rather it gathered hundreds of personal comments and stories about fears, expectations, incidents, mistreatment, and issues faced by LGBT older adults in long-term care facilities.

The survey and report were produced by a collaborative including the National Senior Citizens Law Center (NSCLC), Lambda Legal, the National Center for Lesbian Rights (NCLR), the National Center for Transgender Equality, the National Gay and Lesbian Task Force, and Services and Advocacy for GBLT Elders (SAGE).

The report includes recommendations for policymakers and best practice suggestions for long-term care providers. Many of the stories in the report illustrate how being open about sexual orientation and sexual identity can be very frightening for LGBT adults in long-term care. Fears of discrimination, harassment, denial of care, or abuse or neglect highlighted by the respondents also point to a need for training our long-term workforce in LGBT cultural competence.

The entire report, as well as video stories, key findings and recommendations, are available at www.lgbtlongtermcare.org.

Monday, April 04, 2011

The results are in, we made the Top 25!!

Thank you to everyone who voted for us, we made the LexisNexis Top 25 Estate Probate and Elderlaw Blogs of 2011!!!

Please consider checking out the LexisNexis Estate Planning & Elder Law Community to participate in an online community of elderlaw professionals.