Here is some additional information about the WVSOS registered voter postcard many seniors have received. As more information becomes available, we will continue to post it here. (See this post http://seniorlegalaid.blogspot.com/2007/10/wv-elder-alert-postcard-from-wvsos.html for basic information about these postcards.)
What if I threw the postcard away? According to the WVSOS election division, you have a couple of options. One, you may just go in person to your local County Clerk's office to give the information requested on the postcard. Or if you prefer you may contact WVSOS at (866) 767-8683 to ask for another postcard to be sent to you.
What if I just ignore this and never respond? According to WVSOS any recipients of the postcards who never respond will be noted in their voter registration database as INACTIVE. This DOES NOT mean you cannot vote, but rather that the next time you go to the polls to vote, you will be required to produce some kind of identification with a unique number.
Tuesday, October 02, 2007
WV Elder Alert: Postcard from WVSOS
193,000 West Virginians, many older adults, have received or will receive a postcard in the mail from the WV Secretary of State's (WVSOS) office requesting some personal information.
This is not a scam, I have verified with the WVSOS elections division that this request is indeed from them. They explained that federal law (the Help America Vote Act of 2002) requires them to keep a statewide voter registration database, and that not all county voting records included the unique identifying information (either Drivers License number or the last 4 digits of your Social Security number) required for the state to comply with federal law.
Many smart seniors will be wary of putting any identifying information onto a postcard, since any person who sees the postcard could potentially use the information for identity theft. I have discussed this concern with the folks at the WVSOS, and they suggested that anyone returning the completed card either:
- Don't tear the card off. After filling in the requested information fold the perforated edge the opposite way, so that the SSN or DL information are covered, then tape around the edges and mail it, or
- put the completed card in an envelope and address it and add your own stamp for postage
If you receive the card you don't have either a SSN or a Drivers License, you can use another kind of unique identifying number, such as the one on a non-drivers ID from the DMV. If you have no unique identifying number, you should contact your local County Clerk. You can get contact information for each County Clerk at the WVSOS website here www.wvsos.com/service/rosters/countyclerks.htm
For more information about this process please see the WVSOS press release:
www.wvsos.com/pressoffice/09-27-07PressReleaseVoterDataMatch.pdf If you have questions you may contact the WVSOS toll-free at (866) SOS-VOTE or (866) 767-8683. For some summary information about the Help America Vote Act at www.usdoj.gov/opa/pr/2003/December/03_crt_728.htm And for the text of the entire Act see www.usdoj.gov/crt/voting/hava/HAVA_2002.html
Any senior West Virginian age 60 or over who does not have a unique identifying number and who has trouble related to verifying his or her voter registration record may contact West Virginia Senior Legal Aid for assistance at 1-800-229-5068.
This is not a scam, I have verified with the WVSOS elections division that this request is indeed from them. They explained that federal law (the Help America Vote Act of 2002) requires them to keep a statewide voter registration database, and that not all county voting records included the unique identifying information (either Drivers License number or the last 4 digits of your Social Security number) required for the state to comply with federal law.
Many smart seniors will be wary of putting any identifying information onto a postcard, since any person who sees the postcard could potentially use the information for identity theft. I have discussed this concern with the folks at the WVSOS, and they suggested that anyone returning the completed card either:
- Don't tear the card off. After filling in the requested information fold the perforated edge the opposite way, so that the SSN or DL information are covered, then tape around the edges and mail it, or
- put the completed card in an envelope and address it and add your own stamp for postage
If you receive the card you don't have either a SSN or a Drivers License, you can use another kind of unique identifying number, such as the one on a non-drivers ID from the DMV. If you have no unique identifying number, you should contact your local County Clerk. You can get contact information for each County Clerk at the WVSOS website here www.wvsos.com/service/rosters/countyclerks.htm
For more information about this process please see the WVSOS press release:
www.wvsos.com/pressoffice/09-27-07PressReleaseVoterDataMatch.pdf If you have questions you may contact the WVSOS toll-free at (866) SOS-VOTE or (866) 767-8683. For some summary information about the Help America Vote Act at www.usdoj.gov/opa/pr/2003/December/03_crt_728.htm And for the text of the entire Act see www.usdoj.gov/crt/voting/hava/HAVA_2002.html
Any senior West Virginian age 60 or over who does not have a unique identifying number and who has trouble related to verifying his or her voter registration record may contact West Virginia Senior Legal Aid for assistance at 1-800-229-5068.
Friday, June 22, 2007
Case of the Week 5/25/07
Client's Age: 64
County: Putnam
Client's daughter has Medical Power of Attorney (MPOA), and has recently been exploiting client and treating her unkindly. Client wanted someone else to have MPOA, so we explained how to revoke her old one, sent her a blank form to fill out, and instructed her to give copies of the new document to all her medical providers as well as her new agent.
County: Putnam
Client's daughter has Medical Power of Attorney (MPOA), and has recently been exploiting client and treating her unkindly. Client wanted someone else to have MPOA, so we explained how to revoke her old one, sent her a blank form to fill out, and instructed her to give copies of the new document to all her medical providers as well as her new agent.
Thursday, June 21, 2007
Case of the Week 5/4/07
Client's age: 81
County: Ohio
Client recently bought home for herself and blind son with his wife to live in, but now deeply regretted it. Client quickly had to move because of pet allergies, and son and wife could not afford the home, so foreclosure was imminent. We examined client's financial circumstances, explained that she was otherwise collection proof, and could live in accessible senior housing with her income and few personal assets protected from this debt.
County: Ohio
Client recently bought home for herself and blind son with his wife to live in, but now deeply regretted it. Client quickly had to move because of pet allergies, and son and wife could not afford the home, so foreclosure was imminent. We examined client's financial circumstances, explained that she was otherwise collection proof, and could live in accessible senior housing with her income and few personal assets protected from this debt.
Monday, April 30, 2007
Case of the Week 4/27/07
Client's Age: 67
County: Mason
Client's husband passed away several months ago, and her household income plummeted. Her monthly mortgage payment is more than her entire monthly income, but she has been making the payment with the life insurance benefit. The insurance has run out and she wanted to know what to do. We examined her finances, including her assets, debts, income, expenses, and explained that she could not afford to live in that house anymore since her mortgage balance was substantially higher than the home's fair market value and couldn't be effectively refinanced. We helped her get connected with affordable housing options and explained the foreclosure process.
County: Mason
Client's husband passed away several months ago, and her household income plummeted. Her monthly mortgage payment is more than her entire monthly income, but she has been making the payment with the life insurance benefit. The insurance has run out and she wanted to know what to do. We examined her finances, including her assets, debts, income, expenses, and explained that she could not afford to live in that house anymore since her mortgage balance was substantially higher than the home's fair market value and couldn't be effectively refinanced. We helped her get connected with affordable housing options and explained the foreclosure process.
Case of the Week 4/20/07
Client's Age: 82
County: Pocahontas
Client is a nursing home resident whose physician has determined he lacks the capacity to make his own healthcare decisions. His estranged wife has Medical Power of Attorney for him, he is considering divorce, and he doesn't want her to have that authority anymore. We explained to C that divorce would automatically legally revoke her authority for him under the MPOA, and in the mean time if his physician determines that he has the capacity to at least choose his medical decisionmaker, he could revoke the MPOA and execute a new one. Or if the physician determined the estranged wife were incapable of properly acting as his MPOA representative, he could appoint a healthcare surrogate for client.
County: Pocahontas
Client is a nursing home resident whose physician has determined he lacks the capacity to make his own healthcare decisions. His estranged wife has Medical Power of Attorney for him, he is considering divorce, and he doesn't want her to have that authority anymore. We explained to C that divorce would automatically legally revoke her authority for him under the MPOA, and in the mean time if his physician determines that he has the capacity to at least choose his medical decisionmaker, he could revoke the MPOA and execute a new one. Or if the physician determined the estranged wife were incapable of properly acting as his MPOA representative, he could appoint a healthcare surrogate for client.
Tuesday, April 17, 2007
Change in the NH Medicaid penalty for uncompensated transfers of assets
The monthly private-pay nursing home care rate is part of what DHHR uses to determine how long your penalty will be for certain uncompensated transfers of assets if you apply for nursing home Medicaid. That figure has been increased to $5,087 as of March 1, 2007 www.wvdhhr.org/bcf/policy/imm/IMManualChanges/451/ch17_10.pdf
For several years (approximately 8?) the figure has been the very low $3,380. This is an improvement for long-term Medicaid beneficiaries and their families because it will reduce the length of penalties for the kinds of uncompensated asset transfers (a legal term for something most people would call gifts) that get penalized. For example, if you gave your granddaughter $7,000 to help her pay her college tuition, and needed Medicaid to pay for your nursing home care within 3 years (soon to be 5 years, more on this later), that could have gotten you a 2 month penalty using the old rate. It could only get you a 1 month penalty under the new rule, as DHHR divides the value of the gift by this new monthly private-pay nursing home rate.
But WV still has not promulgated regulations to implement the federal Medicaid changes under the Deficit Reduction Act 2005 (DRA). Those changes, whenever they are made, will likely make the penalties even harsher again, as they eliminate the practice of rounding down to the nearest whole number of months, lengthen the look-back period for penalizing transfers from 3 years to 5 years, and begin the penalties from the time you are in the NH and need the benefits rather than from the time of the transfer.
For several years (approximately 8?) the figure has been the very low $3,380. This is an improvement for long-term Medicaid beneficiaries and their families because it will reduce the length of penalties for the kinds of uncompensated asset transfers (a legal term for something most people would call gifts) that get penalized. For example, if you gave your granddaughter $7,000 to help her pay her college tuition, and needed Medicaid to pay for your nursing home care within 3 years (soon to be 5 years, more on this later), that could have gotten you a 2 month penalty using the old rate. It could only get you a 1 month penalty under the new rule, as DHHR divides the value of the gift by this new monthly private-pay nursing home rate.
But WV still has not promulgated regulations to implement the federal Medicaid changes under the Deficit Reduction Act 2005 (DRA). Those changes, whenever they are made, will likely make the penalties even harsher again, as they eliminate the practice of rounding down to the nearest whole number of months, lengthen the look-back period for penalizing transfers from 3 years to 5 years, and begin the penalties from the time you are in the NH and need the benefits rather than from the time of the transfer.
Case of the Week 4/13/07
Client's Age: 63
County: Putnam
Client had a fairly unusual circumstance, of having her home deeded in both her and her ex-husband's name, though they had been divorced for over 25 years. Now ex-husband may need nursing home Medicaid benefits, and client was worried about the state taking the home because his name was still on it. We examined her circumstances and explained that if the deed were joint/survivor and he died first, Medicaid estate recovery would not attach because the home would not pass through ex-husband's probate estate. But if client died first, ex-husband would become sole owner and Medicaid estate recovery could attach. "Thank you so much, I wish I'd known about you years ago, I've gotten more from you today than 8 yrs of asking."
County: Putnam
Client had a fairly unusual circumstance, of having her home deeded in both her and her ex-husband's name, though they had been divorced for over 25 years. Now ex-husband may need nursing home Medicaid benefits, and client was worried about the state taking the home because his name was still on it. We examined her circumstances and explained that if the deed were joint/survivor and he died first, Medicaid estate recovery would not attach because the home would not pass through ex-husband's probate estate. But if client died first, ex-husband would become sole owner and Medicaid estate recovery could attach. "Thank you so much, I wish I'd known about you years ago, I've gotten more from you today than 8 yrs of asking."
Case of the Week 4/6/07
Client's Age: 65
County: Taylor
Client and her now-deceased husband had put their home in their daughter's name to protect it for client from her husband's son from a former marriage. Now she is having disputes with her daughter and wants to put the house back in her own name. We explained that once the deed was made to the daughter, the property became daughter's (subject to the life estate client retained). Client cannot force daughter to give it back, though we explained client has the exclusive right of possession of the property during her lifetime.
County: Taylor
Client and her now-deceased husband had put their home in their daughter's name to protect it for client from her husband's son from a former marriage. Now she is having disputes with her daughter and wants to put the house back in her own name. We explained that once the deed was made to the daughter, the property became daughter's (subject to the life estate client retained). Client cannot force daughter to give it back, though we explained client has the exclusive right of possession of the property during her lifetime.
Case of the Week 3/30/07
Client's Age: 75
County: Lincoln
Client lives alone with her two cats, and the cats both seemed sick. She heard about the recent large-scale cat food recall for food contaminants that were life-threatening for the animals. Once we determined which brands and types of cat food she had given them, we reviewed the recall website and determined that none of the foods her cats ate were on the long recall list. She was relieved.
County: Lincoln
Client lives alone with her two cats, and the cats both seemed sick. She heard about the recent large-scale cat food recall for food contaminants that were life-threatening for the animals. Once we determined which brands and types of cat food she had given them, we reviewed the recall website and determined that none of the foods her cats ate were on the long recall list. She was relieved.
Case of the Week 3/23/07
Client's Age: 69
County: Clay
Client, a widow who recently moved from another state to WV to be near his son, has been diagnosed with early Alzheimers. He called us with a variety of legal questions as he is trying to get his affairs in order as he anticipates his future mental incapacity. He had been told to transfer his assets to his son to qualify for long-term care Medicaid. That is a popular legal myth that actually can cause you significant harm because of the penalties for uncompensated transfers of assets. We explained in detail long-term care Medicaid eligibility, spend-down, uncompensated transfers of assets impacts, and estate recovery, and applied those concepts to his particular circumstances so he can plan effectively.
County: Clay
Client, a widow who recently moved from another state to WV to be near his son, has been diagnosed with early Alzheimers. He called us with a variety of legal questions as he is trying to get his affairs in order as he anticipates his future mental incapacity. He had been told to transfer his assets to his son to qualify for long-term care Medicaid. That is a popular legal myth that actually can cause you significant harm because of the penalties for uncompensated transfers of assets. We explained in detail long-term care Medicaid eligibility, spend-down, uncompensated transfers of assets impacts, and estate recovery, and applied those concepts to his particular circumstances so he can plan effectively.
Case of the Week 3/16/07
Client's Age: 69
County: Ohio
Client has 4 credit card debts with which she has been struggling to keep up payments, plus medical debt, she's in arrears with her utilities, and has a mortgage and car payment. After carefully reviewing her assets, income sources, debt, and expenses, we explained that she is largely collection-proof, except for a small private pension that is a relatively small portion of her monthly income. We helped her understand the different legal rights she has related to the different kinds of debts and bills she has, and helped her understand that her mortgage and utilities should always be a priority over her unsecured debt. We also explained how to write cease letters to her creditors, and encouraged her to call back if she ever got sued or reached a point where her mortgage and living expenses (excluding payments toward unsecured debt) became unaffordable.
County: Ohio
Client has 4 credit card debts with which she has been struggling to keep up payments, plus medical debt, she's in arrears with her utilities, and has a mortgage and car payment. After carefully reviewing her assets, income sources, debt, and expenses, we explained that she is largely collection-proof, except for a small private pension that is a relatively small portion of her monthly income. We helped her understand the different legal rights she has related to the different kinds of debts and bills she has, and helped her understand that her mortgage and utilities should always be a priority over her unsecured debt. We also explained how to write cease letters to her creditors, and encouraged her to call back if she ever got sued or reached a point where her mortgage and living expenses (excluding payments toward unsecured debt) became unaffordable.
Monday, March 12, 2007
Case of the Week 3/9/07
Client's Age: 77
County: Lewis
Client has so much credit card debt she doesn't know what to do. Her income is limited to Social Security and a widow's benefit from Workers Compensation from her deceased husband. I reviewed her assets, expenses, and income sources with her and explained that she is collection proof, and that means that she can protect virtually everything she has from these creditors. I sent her a letter explained how to write cease letters to stop the debt collection calls, and explained how to file an exemption form to protect herself if she gets a court judgments against her.
County: Lewis
Client has so much credit card debt she doesn't know what to do. Her income is limited to Social Security and a widow's benefit from Workers Compensation from her deceased husband. I reviewed her assets, expenses, and income sources with her and explained that she is collection proof, and that means that she can protect virtually everything she has from these creditors. I sent her a letter explained how to write cease letters to stop the debt collection calls, and explained how to file an exemption form to protect herself if she gets a court judgments against her.
Monday, March 05, 2007
Case of the Week 3/2/07
Client's Age: 97
County: Kanawha
Client has been caring for his wife who has dementia for over a decade. Her capacity has diminished to the point where he will have to feed her soon, and she cannot answer any questions. He has been told he needed power of attorney for her and wanted to know how to do that. We had a long conversation about mental capacity and legal decisionmaking, and I explained that it appears to be too late for any powers of attorney, but depending on what kinds of things he needed to have authority to handle, guardianship/conservatorship may not be necessary. Since her only income was Social Security, he could get representative payee status to handle her money for her. We also talked about long-term care Medicaid, and what protections he could have financially if she needed to go to a nursing home to get the care she needed. I also sent him a copy of our purple book of Legal Questions Frequently Asked by WV Seniors.
County: Kanawha
Client has been caring for his wife who has dementia for over a decade. Her capacity has diminished to the point where he will have to feed her soon, and she cannot answer any questions. He has been told he needed power of attorney for her and wanted to know how to do that. We had a long conversation about mental capacity and legal decisionmaking, and I explained that it appears to be too late for any powers of attorney, but depending on what kinds of things he needed to have authority to handle, guardianship/conservatorship may not be necessary. Since her only income was Social Security, he could get representative payee status to handle her money for her. We also talked about long-term care Medicaid, and what protections he could have financially if she needed to go to a nursing home to get the care she needed. I also sent him a copy of our purple book of Legal Questions Frequently Asked by WV Seniors.
Case of the Week 2/23/07
Client's Age: 81
County: Grant
Client had called us 5 years ago and gotten help getting a creditor to stop harrassing her. Now a debt collector is calling, but she does not believe she owes this debt at all. I helped C obtain a free credit report, reviewed it with her to see that no such debt existed that matched the debt collector's description of the debt, and explained to C how to write a cease letter to get the calls to stop.
County: Grant
Client had called us 5 years ago and gotten help getting a creditor to stop harrassing her. Now a debt collector is calling, but she does not believe she owes this debt at all. I helped C obtain a free credit report, reviewed it with her to see that no such debt existed that matched the debt collector's description of the debt, and explained to C how to write a cease letter to get the calls to stop.
Case of the Week 2/16/07
Client's Age: 62
County: Mason
Client has been married for over 35 years and her husband has become a problem gambler. She never earned a paycheck and wanted to know what would happen if they divorced regarding income, assets, and the debts he has been accumulating which she suspects are significant. I explained that she will generally have a right to 1/2 of any pension he earned during their marriage, and half their marital assets, and could generally avoid being held responsible for debts that he incurred entirely in his name and entirely for his benefit.
County: Mason
Client has been married for over 35 years and her husband has become a problem gambler. She never earned a paycheck and wanted to know what would happen if they divorced regarding income, assets, and the debts he has been accumulating which she suspects are significant. I explained that she will generally have a right to 1/2 of any pension he earned during their marriage, and half their marital assets, and could generally avoid being held responsible for debts that he incurred entirely in his name and entirely for his benefit.
Client of the Week 2/9/07
Client's Age: 84
County: Monongalia
Client called because her daughter keeps threatening to have her declared incompetent, and client is very worried that daughter is greedy and wants her inheritance now. I explained that no one can declare her incompetent without a court proceeding where she would get appointed a lawyer to represent her, and have opportunity to testify and present evidence. I explained both the guardianship/conservatorship and mental hygiene processes to client and explained her legal rights to make her own decisions unless a judge rules she can't.
County: Monongalia
Client called because her daughter keeps threatening to have her declared incompetent, and client is very worried that daughter is greedy and wants her inheritance now. I explained that no one can declare her incompetent without a court proceeding where she would get appointed a lawyer to represent her, and have opportunity to testify and present evidence. I explained both the guardianship/conservatorship and mental hygiene processes to client and explained her legal rights to make her own decisions unless a judge rules she can't.
Friday, March 02, 2007
Uncompensated Transfer of Assets penalty just got better
Effective March 1, 2007, the figure used in West Virginia to calculate the penalty period for uncompensated transfers of assets in the long-term care Medicaid program changed. The WV Bureau for Medical Services (our state's Medicaid agency) divides this figure (which is the private pay nursing home rate) by the the fair market value of the transfer to determine how many months of penalty the Medicaid beneficiary will suffer. For about 8 years the figure they used was $3,380, which especially recently has been seriously below the true average private pay rate in the state. The new figure is $5,087 or $112.65 per day. http://www.wvdhhr.org/bcf/policy/imm/IMManualChanges/451/ch17_10.pdf
The per day fraction is important to know because once WV implements the changes in federal long-term care Medicaid law that were promulgated in the Deficit Reduction Act of 2005 (DRA), penalties will include fractions of the month. Before DRA the penalty period was rounded down to whole months only. Post-DRA implementation the period will also include fractions of a month, eliminating the benefit of transferring just under the value of the monthly private pay rate, which would formerly have resulted in rounding down to 0 months.
The per day fraction is important to know because once WV implements the changes in federal long-term care Medicaid law that were promulgated in the Deficit Reduction Act of 2005 (DRA), penalties will include fractions of the month. Before DRA the penalty period was rounded down to whole months only. Post-DRA implementation the period will also include fractions of a month, eliminating the benefit of transferring just under the value of the monthly private pay rate, which would formerly have resulted in rounding down to 0 months.
Thursday, February 15, 2007
Case of the Week 1/31/07
County: Randolph
Client's Age: 60
Client fell and was injured because of unsafe conditions, and the adverse party's insurance company told Client they would cover all his medical costs plus 60% of his suffering. Later insurance company told Client they were offering to be 60% liable overall. Client thought that meant he would have to pay 40% of his medical expenses out of pocket. Since Client has both Medicare and a Medicare supplement, we explained that Medicare and the supplement would cover whatever they would normally cover after AP's insurance paid their 60% (which is virtually everything), but the fight was between the insurance companies.
Client's Age: 60
Client fell and was injured because of unsafe conditions, and the adverse party's insurance company told Client they would cover all his medical costs plus 60% of his suffering. Later insurance company told Client they were offering to be 60% liable overall. Client thought that meant he would have to pay 40% of his medical expenses out of pocket. Since Client has both Medicare and a Medicare supplement, we explained that Medicare and the supplement would cover whatever they would normally cover after AP's insurance paid their 60% (which is virtually everything), but the fight was between the insurance companies.
Wednesday, January 24, 2007
Case of the Week 1/26/07
County: Hancock
Client's Age: 74
Client has not wanted divorce, but has been living separately from husband for a year and he has stopped giving her any income. Though they have already sold the house and divided the proceeds, she can't live on less than $400 a month which she gets from SS and they have about $10,000 in savings she is worried he will spend. She wants to file for divorce, but is not capable of representing herself and can't afford an attorney. Though she was initially turned down by LAWV, my conversation with her revealed her husband had terrorized her and threatened her with weapons, and she will now qualify for legal representation through a domestic violence program referral.
Client's Age: 74
Client has not wanted divorce, but has been living separately from husband for a year and he has stopped giving her any income. Though they have already sold the house and divided the proceeds, she can't live on less than $400 a month which she gets from SS and they have about $10,000 in savings she is worried he will spend. She wants to file for divorce, but is not capable of representing herself and can't afford an attorney. Though she was initially turned down by LAWV, my conversation with her revealed her husband had terrorized her and threatened her with weapons, and she will now qualify for legal representation through a domestic violence program referral.
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