2012 tax deduction limits for LTC insurance premiums

Unreimbursed long-term care insurance premiums can be tax deductible. The premium must be for a qualified policy, which must have been issued no earlier than 1/1/97 (though previously-issued policies can be grandfathered by the state insurance commissioner), and must have had inflation and non-forfeiture protection as an option at purchase. The maximum amount deductible for qualified policy premiums depends on your age. Here are the limits for 2012: For those age 40 or under: $350 >40 but <50: $660 >50 but <60: $1,310 >60 but <70: $3,500 >70: $4,370

Medicare adds coverage for obesity prevention

The federal Centers for Medicare & Medicaid Services (CMS) announced on 11/29/11 that Medicare is adding coverage for preventive services to reduce obesity. This adds to Medicare’s existing portfolio of preventive services that are now available without cost sharing under the Affordable Care Act.

“Obesity is a challenge faced by Americans of all ages, and prevention is crucial for the management and elimination of obesity in our country,” said CMS Administrator Donald M. Berwick, MD. “It’s important for Medicare patients to enjoy access to appropriate screening and preventive services.”

Over 30% of both men and women in the Medicare population are estimated to be obese. Obesity is directly or indirectly associated with many chronic diseases, including those that disproportionately affect racial and ethnic minorities such as cardiovascular disease and diabetes. Addressing the prevention of obesity related disparities has the potential to reduce obesity prevalence while also closing the gap on health disparities among Medicare beneficiaries.

Screening for obesity and counseling for eligible beneficiaries by primary care providers in settings such as physicians’ offices are covered under this new benefit.

While public health professionals applaud CMS for a policy change that attempts to get at the root of obesity-related disease, some are concerned that primary care providers are not well qualified to effectively offer this counseling. Recent studies show that over 70% of primary care physicians have no training in weight-related issues. Obesity specialists also suggest that the benefit is too short-term to effective long-term change in the health patterns of older obese people who often have a long history of unhealthy habits.

The particulars of the new benefit include: For a beneficiary who screens positive for obesity with a body mass index (BMI) ≥ 30 kg/m2, the benefit would include one face-to-face counseling visit each week for one month and one face-to-face counseling visit every other week for an additional five months. The beneficiary may receive one face-to-face counseling visit every month for an additional six months (for a total of 12 months of counseling) if he or she has achieved a weight reduction of at least 6.6 pounds (or 3 kilograms) during the first six months of counseling.

Today is World AIDS Day

HIV/AIDS may not seem like an issue for older West Virginians to worry about. But it is.

According to the most recent CDC data, people over the age of 50 accounted for: • 17 percent of new HIV diagnoses in 40 states with long-term confidential name-based reporting; and • 31 percent of persons living with an HIV diagnosis;

Many people mistakenly assume that older Americans are not sexually active and therefore not at risk for HIV infection. This is not the case. A 2007 national survey of Americans ages 57 to 85 found that the majority of older Americans are sexually active. This is particularly true for healthy older Americans.

Older people may also be less educated and aware of HIV/AIDS issues than young people who have grown up since the early 1980's, and may not take steps to protect themselves.

Older people also may mistake the early symptoms of AIDS for the aches and pains of normal aging and neglect to get tested for HIV, or they may feel ashamed or afraid of being tested. They may not feel comfortable talking to their doctors about sexually transmitted disease.

But older people are no more immune to HIV/AIDS than anyone else.

Older people can help each other by talking about HIV/AIDS, encouraging prevention and testing, and ensuring an environment where people of all ages with HIV/AIDS are treated with compassion, not discrimination.

WV Legislature's Joint Marcellus Committee streams live Sunday morning

Release Date: 11/08/2011
Contact: Stacey Ruckle, (304) 340-3365
Joint Select Committee on Marcellus Shale

Legislature’s Marcellus Committee to Meet Sunday

CHARLESTON – The Legislature’s Joint Select Committee on Marcellus Shale will meet Sunday morning to continue work on amendments to proposed legislation intended to encourage efficient development of the resource while addressing local and environmental concerns.

The meeting is scheduled for 9:30 a.m. Sunday, Nov. 13, in the Senate Judiciary Room.

Committee members have received input from all perspectives, using as a starting point Senate legislation that was under consideration in the House at the end of the regular session. Links to that legislation, summaries prepared by a committee attorney, previously adopted amendments and pending amendments are available on the Legislature’s main web page at www.legis.state.wv.us.

There is also a link to the Legislature’s Live Page ( http://www.legis.state.wv.us/live.cfm ), which will stream audio of the meeting.

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

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

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

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.

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.

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.

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:

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/

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.

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.

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.

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.

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/.

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.

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.

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

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.

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.

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.

MIT AgeLab

Exploration and development in science and technology for healthier aging is happening at MIT's AgeLab. The lab uses unique tools and methods to study the impacts of aging and how we can use technology to accommodate the needs of people as they age. The driving simulator Miss Daisy and the aging simulator suit AGNES help MIT's researchers collect data about the experiences of older people doing the things they do in everyday living.

Older Americans Month, May 2011

May 2011 is Older Americans Month and the theme this year is Older Americans: Connecting the Community.

The federal Administration on Aging explains: "The theme pays homage to the many ways in which older adults bring inspiration and continuity to the fabric of our communities. Their shared histories, diverse experiences, and wealth of knowledge have made our culture, economy, and local character what they are today. The theme also highlights the many ways technology is helping older Americans live longer, healthier and more engaged lives.

In fact, older Americans are more active in community life than ever before, thanks in part to advances in health care, education, technology, and financial stability over the last several decades that have greatly increased their vitality and standard of living. Older adults are out and about giving back and making a difference in their community.

Our seniors are mentoring the leaders of tomorrow, taking to heart the need for intergenerational learning to guide and inspire young minds. They offer a take on times gone by not discussed in any history class—a unique perspective that sheds new light on contemporary issues.

Older Americans step up to help one another as well. Across the country, seniors connect with other seniors by delivering meals, helping with home repair, assisting with shopping, and offering companionship, counseling, and care. Their efforts remind us that when older adults are active and engaged in their communities, everyone benefits."

This blog nominated for a Lexis Nexis Top 25 of 2011! Please help us win!

What a nice surprise, we've been nominated for the Top 25 Estate, Probate, and Elderlaw blogs!

If you want to help us win please comment on this LexisNexis community page (click graphic below), register for the community on the right-hand side (I know I'm asking a lot here!), and post a comment saying you vote for WV Aging and Law blog!



Each comment is counted as a vote toward the supported blog. To submit a comment, visitors need to log on to their free Communities account. If you haven’t previously registered, you can do so on the LexisNexis Estate Practice & Elder Law Community for free. The comment box is at the very bottom of the page. The comment period for nominations ends on March 31, 2011. On April 1, we will post the Top 25 Estate, Probate and Elder Law Blogs of 2011 based on votes received. Thereafter, our community will vote on the Top Blog through a Zoomerang survey. I anticipate the final announcement to be made on or before April 15.

Thank you in advance for even considering it.

FTC rule helps stop mortgage relief scams

Companies who offer to provide mortgage relief for homeowners who are having trouble keeping up with their mortgages and who seek loan modifications or other relief are not always the good guys. Some scammers have sprung up during the current mortgage crisis who will offer this kind of assistance, charge fees up front, then string the consumer along ultimately providing no relief, and usually leaving the consumer worse off.

The Federal Trade Commission (FTC) has issued a rule that became effective January 31, 2011 prohibiting companies offering mortgage assistance from charging fees up front. The rule also provides that if a company offers some kind of specific mortgage relief the consumer may reject the offer without obligation. A fee can only become due if the consumer accepts the mortgage relief offer.

Licensed attorneys who provide mortgage assistance relief services as part of the practice of law are exempt from the advance fee ban, but must comply with state laws governing attorney conduct, including rules about placing advance fees in client trust accounts, where required (such as in West Virginia).

Consumers can get more specific information about how to protect themselves from mortgage relief scams from the FTC website and this downloadable publication "Mortgage Assistance Relief Scams: Another potential Stress for Homeowners in Distress."

Celebrating Black History Month: J. R. Clifford

West Virginia's first African-American attorney, J. R. Clifford, was born in 1848 in Williamsport, Virginia (now Grant County, West Virginia). He was also a newspaper writer, editor, and publisher, civil war veteran, and a grandfather.

Clifford brought the case of Williams v. Board of Education, which established in 1898 that African-American school children had equal rights to public education in West Virginia, over 50 years before the landmark Brown v. Board of Education would establish that principle for the rest of the nation.

When Clifford was nearly 60 years old he and W. E. B. Du Bois founded the Niagara Movement for equal rights and the end of segregation. He helped plan the movement's first meeting in Harper's Ferry at his alma mater Storer College. The Niagara Movement, named for the mighty current of Niagara Falls, was a progressive counter-movement to the non-confrontational approach to civil rights promoted by Booker T. Washington and other black leaders of the time. Niagara's principles extended to equality for all people, including suffrage for women.

Clifford's life and work is celebrated throughout West Virginia in reenactments of the Williams trial, republication of many of his writings, and public and school programs produced through the J. R. Clifford Project.

Federal Poverty Guidelines for 2011

The US Department of Health and Human Services (HHS) annually issues the Federal Poverty Guidelines used to determine income eligibility for many means-tested benefits and programs. Here are the figures for 2011:

Family Size	Gross Yearly Income	Gross Monthly Income
1	$10,890	$908
2	$14,710	$1,226
3	$18,530	$1,544
4	$22,350	$1,863
5	$26,170	$2,181
6	$29,990	$2,499
7	$33,810	$2,818
8	$37,630	$3,136
add'l	+$3,820	+$318

Federal Register, Vol. 76, No. 13, January 20, 2011, pp. 3637-3638

Sargent Shriver, 1915-2011

One of the 20th century's great leaders in the movement for peace through justice died this week. Sargent Shriver, father of Maria Shriver and brother-in-law of President John F. Kennedy and Senators Robert Kennedy and Edward Kennedy, was the architect President Lyndon Johnson's "War on Poverty." His work led to the creation of the Peace Corps, Job Corps, VISTA, and Head Start programs. His approach to peacebuilding, what he called "practical idealism," focused on promoting human dignity and eliminating poverty.

Shriver was a lawyer as well as a civic leader and Navy veteran.

Olmstead enforcement action filed in Washington, D.C.

A class action lawsuit, Day v. Fenty, has been filed in federal district court against the District of Columbia on behalf of between 500 and 1000 residents of nursing homes in the city who want to live independently in the community but have not been able to secure the services they need to do so. The suit alleges that the District's failure to take adequate steps to transition these residents into the community violates the Americans with Disabilities Act, as interpreted in the landmark Olmstead decision of 1999.

Attorneys representing the class include AARP Foundation Litigation, the law firm Arent Fox, LLP, and University Legal Services (the federally mandated protection and advocacy system for people with disabilities in the District) . Read the complaint on the University Legal Services website here.

One of the representative members of the class is 75 year old Edward Day, retired from 37 years as an employee of the D.C. Department of Human Services. Though he was active in the community, going to church, movies, and clubs before he became a nursing home resident, he has not left the facility except to go to the hospital in 4 years. "Once you get inside that gate, you're inside a jail," Day explains.

Here is a link to an article the lawsuit in December 22, 2010 issue of the Washington post www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122204704_2.html