Sunday, May 6, 2018
As is true for many states, Maryland is increasing the education, support and supervision for guardians appointed by the Maryland courts. In connection with this, beginning on January 1, 2018, prospective guardians must watch a video-based "orientation program" before they are appointed guardian of a minor or disabled person. The 9-minute video introduces the "roles, duties and responsibilities" of a guardian and explains mch of what to expect if appointed by the Maryland Courts. Here is a link to the video.
What I particularly like about this video is the message "You Are Not Alone as a Guardian," and the emphasis that Court-appointed guardians are subject to the ultimate authority of the Court. I think that many courts are still struggling with their own roles in this regard, but here the lines of responsibility are explained clearly.
The balance here is delicate, requiring careful thought about how to provide threshold information essential for a candidate to make an informed decision about whether to serve, but without making the information so overwhelming that good candidates decline the role. The Maryland courts caution that this particular orientation and the related training requirements do NOT apply to public guardians or guardianships that terminate parental rights.
In my opinion, this type of video is a good first step. But just a first step.
May 6, 2018 in Cognitive Impairment, Consumer Information, Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Legal Practice/Practice Management, Programs/CLEs, Property Management, State Cases, State Statutes/Regulations, Webinars | Permalink | Comments (0)
Tuesday, May 1, 2018
My thanks to Dickinson Law Professor Laurel Terry for pointing us to an upcoming seminar offered by the American Bar Association on "Competency and Cognitive Decline in the Legal Profession: Ethical Pitfalls Encountered by Lawyers with Diminished Capacity," on May 9, 2018, from 1 to 2:30 p.m. (ET).
The promotional materials are a bit lean, but discussion topics are described as follows:
- Understanding the effects of aging on the human brain
- How to recognize some of the signs of diminished capacity
- The practical and ethical considerations for intervention
- Advice on how to facilitate discussion with the impaired person (or others who can help)
- Resources and ways to locate assistance in your area
- The importance of succession planning, and resources to help you develop or review your own succession plans
The speakers include Dr. Doris Gunderson, a psychiatrist in Colorado.
Co-sponsors of the program including the ABA Center for Professional Responsibility, its Commission on Law and Aging, the Commission on Lawyer Assistance Programs, the Section for Civil Rights and Social Justice, the Senior Lawyers Division, and the Solo, Small Firm and General Practice Division.
For more information on registering, see here.
Wednesday, April 18, 2018
The National Center on Law & Elder Rights has released an issue brief, Drafting Advance Planning Documents to Reduce the Risk of Abuse or Exploitation. The issue brief offers 4 key lessons:
- Extra care in the creation of advance care planning documents can reduce the risk of abuse and exploitation.
2. Requiring accountability, additional checks and balances, and limited authority are drafting tools lawyers can utilize to limit risk of abuse.
3. Attorneys should advise clients to be extra diligent when selecting the agent(s) named in advance planning documents.
4. Authorizing revocation by third parties can help to limit the damage done by named agents who start to abuse or exploit the client.
I was intrigued by #4-the idea of naming a third party who could step in. The section, Five Safeguards to Consider Adding to a Financial POA discusses that among others. Here's how the issue brief explains the third party revocation provision: "Grant a power to revoke the agent’s authority to a trusted third person. This is a serious power to give any third person, so it requires an exceptional level of trust and reliability in the third person. But, if the agent’s actions prove seriously out of line, this can be a last resort. Some powers of attorney also authorize law enforcement or adult protective services to revoke the authority of the agent if they believe abuse or exploitation is taking place." Sample language is also included for each of the 5 Safeguards.
The brief discusses selection of agents and drafting health care directives in addition to drafting POAs. Practice tips are included as well as case examples. The issue brief is available here.
To learn more about the corresponding webcast click here. To download the PowerPoint for the webcast, click here.
April 18, 2018 in Advance Directives/End-of-Life, Cognitive Impairment, Consumer Information, Current Affairs, Dementia/Alzheimer’s, Health Care/Long Term Care, Other, Programs/CLEs, Property Management, State Statutes/Regulations, Webinars | Permalink | Comments (0)
Wednesday, March 28, 2018
From the Boston Globe, A Story That Raises Lots of Questions about Timeliness of VA Aid & Attendance Benefits
The Boston Globe has a lengthy article about one couple's struggle to get VA approval for Aid & Attendance pension benefits when they transferred from their own home to a nursing home. Oddly, the delays in approval appear to be tied, at least in part, to the contention that as both the husband and the wife were Marine veterans, the applications must be processed "simultaneously." Is that really true? Here are some of the key -- and often sad -- details of the family's struggle:
Moseley [an director at the couple's nursing home] said she placed several calls to the VA while Robert DiCicco [85 year-old husband] the listened from his wheelchair. Each call ended the same way — no approval, no update on where things stood, no firm information at all.
“I told them that these veterans could be homeless if it wasn’t for our home taking them in, and that they needed to be approved very soon,” Moseley said. “It wasn’t something that was very important to the VA. The disappointment that would come across his face was heartbreaking.” In her 35-year career, Moseley said, she has never handled a more difficult case involving the VA.
VA officials said the DiCicco case is complicated because, under law, pension claims for two married veterans must be processed simultaneously, and that [wife] Mary Lou DiCicco’s claim required additional, time-consuming verification of her military service.
The VA said that “regrettably, our efforts to establish entitlement resulted in delays.”
The agency needed only 59 days on average to resolve pension claims in February, including aid and attendance requests, the VA said. The overall goal is to resolve all claims, including disability and pension applications, within 125 days — a standard that was met 91 percent of the time in fiscal 2017, said James Blue, spokesman for the VA’s North Atlantic District.
But many veterans advocates and lawyers who work on VA claims said the process often can take 12 to 18 months. Lesa Jacob-Pollich, the veterans service officer for Saline County, where the DiCiccos live, said she watched helplessly while the family waited month after month for an answer.
For the full story, read For These Veterans, Dealing with VA Has Been A Relentless Fight, by Brian MacQuarrie for the Boston Globe, published March 24, 2018.
Thursday, March 22, 2018
The National Center of Law & Elder Rights has announced their next webinar, Legal Basics: Protecting Older Adults Against Fraudulent Schemes and Scams. The webinar is scheduled for April 10, 2018 at 2 edt. Here's a description of the webinar:
With savings and assets accumulated over a lifetime, older adults are attractive targets for individuals promoting fraudulent schemes and scams. Scammers use deception, misrepresentation and threats to convince older adults to send money or provide personal financial information. Most frauds and scams go unreported.
This webcast will provide an overview of the frauds and scams aimed at older adults, discuss legal protections, and provide resources to aid older adults defrauded by the individuals and business that promote these scams. The webcast will also focus on efforts by the Federal Trade Commission to prevent older adults from falling victim to these scams.
To register for this free webinar, click here.
March 22, 2018 in Consumer Information, Crimes, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Federal Statutes/Regulations, Programs/CLEs, State Statutes/Regulations, Webinars | Permalink | Comments (0)
Wednesday, February 28, 2018
On Feb. 13, Kaiser Health News hosted an informative and important discussion about improving care and services for people with dementia and supporting their caregivers. It was opportunity to learn from experts in the field about the challenges and difficulties facing the patient, the caregiver, the community and policymakers. Topics included understanding the stages of dementia from a medical, social, psychological and environmental perspective (it’s not just memory loss); how to find help; how to manage difficult behaviors; and understanding medications for people with dementia.
The 90 minute discussion can be viewed by clicking here.
Wednesday, February 7, 2018
Mark your calendars for this webinar from the Elder Justice Initiative scheduled for February 22, 2018 at 2 est, on MDT Member Recruitment and Retention: Building Trust and Traction Here are the learning objectives from the website
Understanding the best practices for recruitment and ongoing engagement of team members.
Exploring real-world examples of relationship- and trust-building strategies.
Monday, January 29, 2018
Justice in Aging has announced a free webinar on February 22, 2018 at 2 est on SSI Basics. The announcement explains the webinar:
Supplemental Security Income (SSI) is a critical safety net program administered by the Social Security Administration that provides a very basic income to older adults and people with disabilities with no or very limited other income and resources. This webinar is designed for legal services and other advocates who are just getting started in the field and others who want to learn more about the essentials of the program.
This webinar describes the SSI program, discusses the basic rules of eligibility and how benefits are calculated, and offers useful resources for obtaining additional information.
Monday, January 22, 2018
The National Center on Law & Elder Rights has announced their next webinar, this one on elders and bankruptcy. Legal Basics: Debt Collection Protections for Older Consumers is set for February 13, 2018 at 2 p.m. est. According to the email announcement, here is the description:
An increasing number of older consumers are struggling with unmanageable debt as Americans carry more credit card, student loan, and other debts into retirement than in past decades. Debt collectors often aggressively pursue older adults to repay debt from fixed incomes.
This free webinar, Legal Basics: Debt Collection Protections for Older Consumers, outlines the issues facing older consumers and offers strategies to help address the challenges. This session will highlight federal protections for older consumers from abusive debt collection practices.
The webinar is free. Click here to register.
Wednesday, December 27, 2017
DOJ's office on Violence vs. Women (OVW) is offering a 5-part webinar series on Abuse in Later Life. The webinar series is free. The series will be presented jointly by the National Clearinghouse on Abuse in Later Life (NCALL) and The ABA Commission on Domestic and Sexual Violence. The 5 parts will cover
- January 25, 2018 Abuse in Later Life Overview
- February 8, 2018 Forming the Relationship with your Client
- February 22, 2018 Client Goal-setting and Non-litigation Responses
- March 8, 2018 Legal Resolutions and Remedies
- March 22, 2018 Bringing the Case-Trial Skills
All the webinars are offered at 1:30 est. To register click here
Tuesday, December 26, 2017
The DOJ Elder Justice Initiative is holding a free webinar on January 12, 2018 at 2 est on What Hotline Workers Need To Know About Elder Abuse. To register, click here. Here's the info about the webinar
Julie Childs, J.D., Consultant to the U.S. Department of Justice Elder Justice Initiative, hosts a discussion with Maria Shumar, Victim Specialist Consultant to the U.S. Department of Justice Elder Justice Initiative, and Keeley Frank, Senior Service Specialist from the National Center for Victims of Crime, on assessing and responding appropriately to calls from older adults who may have experienced elder abuse. We’ll discuss case examples to provide hotline workers tips on how to assist these callers and direct them to relevant resources and services.
Friday, December 15, 2017
Are you familiar with the National Center on Law and Elder Rights? If you are an academic teaching courses about any aspect of elder law, disability law, Medicare or Medicaid, you will want to know more about this resource. If you are working in a legal services organization that represents older clients or disabled adult clients, you will want to now about this resource. If you are a young lawyer and just handling your first case involving home-based or facility-based care for older persons who are can't afford private pay options, you will definitely want to know about this resource. In fact, if you are a long-time lawyer representing families who are struggling to find their way through an "elder care" scenario, you too might benefit from an educational "tune up" on available benefits. And the very good news? This is a free resource.
The National Center on Law and Elder Rights (NCLER) was established in 2016 by the federal Administration for Community Living. The new entity is, in essence, a partnership project, with the goal of providing a "one-stop resource for law and aging network professionals" who serve older adults who need economic and social care assistance. Justice in Aging (formerly the National Senior Citizens Law Center) which has primary offices on the east and west coast is a key partner, working with the American Bar Association's Commission on Law and Aging, the National Consumer Law Center (NCLC), and the Center for Social Gerontology (TCSG). Attorneys at these four NCLER partners provide substantive expertise, including preparation of materials available in a variety of formats, such as free webinars on a host of hot topics. The Directing Attorney is Jennifer Goldberg from Justice in Aging and the Project Manager is attorney Fay Gordon.
It strikes me that a very unique way in which NCLER will be a valuable resource is through what the offer as "case consultations" for attorneys and other professionals. Think about that -- you may have long-experience with one branch of "elder law" such as Medicaid applications, but you have never before handled an elder abuse case with a bankruptcy problem. Here is the way to potentially get experienced guidance!
The web platform for NCLER offers a deep menu of resources, including recordings of very recent webinars and information on future events. I recently signed up for a January 2018 webinar program on elder financial exploitation and even though it is a "basics" session I can tell I'll hear about a new tools and possible remedies, as the presenters are Charlie Sabatino and David Godfrey. I just watched a recording of another recent webinar and it was very clear and packed with useful information. There is a regular schedule for training sessions -- with "basics" on the second Tuesday of every month and more advanced training sessions on the third Wednesday every month.
I confess that somehow NCLER wasn't on my radar screen until recently (probably because my sabbatical last year put me about a year behind on emails -- seriously!) but I'm excited to know about it now.
December 15, 2017 in Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Federal Cases, Health Care/Long Term Care, Legal Practice/Practice Management, Medicaid, Medicare, Programs/CLEs, Social Security, Web/Tech, Webinars | Permalink | Comments (0)
Tuesday, September 19, 2017
Elder homicides often go undetected, and investigating them requires a multi-pronged approach. In this webinar, learn about the victims, the offenders, and the crime scenes. How does the medical examiner’s information contribute to solving these high-profile, difficult cases? Join the webinar to discover how research has advanced the successful investigations of these crimes.
To register for the webinar, click here
Wednesday, September 6, 2017
The National Center on Law & Elder Rights has announced an upcoming free webinar on Medicaid 101.
Here is the info about the webinar
Understanding Medicaid is a key to understanding the health and long-term care delivery system for older adults. Every year, over 6 million older Americans rely on Medicaid every year to pay for necessary health services. Over two-thirds of all older adults who receive long-term care at home or in a nursing facility, participate in the Medicaid program.
This free webinar, Legal Basics: Medicaid 101, will provide participants with a basic primer on the Medicaid program. It will explain the formation of Medicaid, Medicaid funding, key Medicaid protections, and Medicaid’s role in paying for health and long-term care for older adults.
The webinar is set for September 12, 2017 at 2:00 p.m. edt. To register, click here.
Tuesday, September 5, 2017
The National Center of Law & Elder Rights has announced an upcoming free webinar on Managed Care for Dual Eligibles and Medicare Coordination Programs on September 20, 2017 at 2:00 p.m. edt. Here's a description of the webinar
Dual eligible individuals, those with both Medicare and Medicaid coverage, represent the most medically needy and costly population for both Medicare and Medicaid. In an effort to improve health outcomes and reduce healthcare spending, the Centers for Medicare and Medicaid Services (CMS) has been testing financial alignment demonstrations in thirteen states to better coordinate and integrate care for dual eligibles.
What has been learned from these demonstrations so far? What are the take-aways for states that did not participate? This webinar will provide an update on these dual eligible demonstrations and review early evaluations of the programs. The webinar will also cover other recent efforts by CMS to address issues unique to dual eligible including issues around access to durable medical equipment.
Following the training, the audience will have a better understanding of the two models being tested in the demonstration, the fully capitated model and the managed fee-for-service model. They will also know about challenges and innovations during the almost four years since the demonstrations were launched and what further evaluation is being planned.
This is an advanced webinar. Legal service attorneys and aging and disability network professionals who work with dual eligibles are encouraged to attend.
Click here to register.
Tuesday, August 22, 2017
Mark your calendars for September 6, 2017 at 2:00 p.m. edt. DOJ's Elder Justice Initiative will be hosting another in its series of webinars on elder abuse. More information and registration for Financial Exploitation in the Context of Guardianships and Other Legal Arrangements will be available soon.
Update 8/28/2017: registration is now open!
August 22, 2017 in Cognitive Impairment, Consumer Information, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Programs/CLEs, State Statutes/Regulations, Webinars | Permalink | Comments (0)
Sunday, August 6, 2017
Mark your calendars for August 16, 2017 at 2:00 p.m. edt for a free webinar from Justice in Aging on In-Kind Support & Maintenance (ISM). Here's a description of the webinar:
Why do many clients receiving Supplemental Security Income (SSI) benefits only receive $490 each month instead of $735, and what can we do about it? In many cases, the reason is “in-kind support and maintenance” (ISM). A person who receives shelter and food from a friend or family member they live with is receiving in-kind support and maintenance. The Social Security Administration (SSA) counts that support as income and lowers their benefit. The ISM rule is unique to the SSI program, and causes a lot of confusion for recipients, advocates, and SSA. This free webinar, In-Kind Support and Maintenance, will explore the ins and outs of ISM, provide examples of how the rule works, and offer strategies for dealing with the rule. As SSI is a means-tested program, applicants and recipients must meet several financial eligibility criteria on an ongoing basis. The income and resources rules, including “in-kind support and maintenance,” are particularly complicated. These rules can cause significant hardship for low-income people trying to survive on SSI. Giving advocates the tools to successfully navigate the rules on behalf of their clients can make a big difference. The recipient in the example above could have an additional $245 per month for necessities like health care expenses, household expenses, transportation, and other basic needs.
To register for this webinar, click here.
Saturday, August 5, 2017
Justice in Aging is offering a free webinar on Tuesday August 8, 2017 at 2:00 p.m. edt on Bankruptcy Protections for Older Consumers. Here's the description of the webinar:
An increasing number of older consumers are struggling with unmanageable debt. Debt collectors are using aggressive tactics to pursue older adults with limited resources, making it critically important for legal services attorneys to understand protections that may help their clients. Bankruptcy may help older consumers eliminate debt and preserve income needed to pay rent, buy food, and keep the lights on. This free webinar, Bankruptcy Protections for Older Consumers, outlines the issues facing older consumers and offers strategies to address the challenges. This session will highlight the various protections available and alternatives to filing for bankruptcy.
Click here to register for this webinar.
Wednesday, July 26, 2017
The National Adult Protective Services Association (NAPSA) and the National Council on Crime and Delinquency announce a free upcoming webinar, The Abuse Intervention Model: A Pragmatic Approach to Intervention for Elder Mistreatment. Set for August 9, 2017 at 2 p.m. edt, the "webinar will present the Abuse Intervention Model (AIM), which is a simple, coherent framework of known risk factors of the victim, perpetrator, and environment that applies to all types of abuse. Dr. Laura Mosqueda will discuss the details of the AIM, and present case studies on how the AIM can be applied to APS work." Click here to register. To read more about the intervention model, click here.
Wednesday, July 19, 2017
Justice in Aging has announced a free webinar on Juhttp://www.justiceinaging.org/webinar-elder-abuse-insight-victims-crimes-act-voca/ly 31, 2017 at 2:00 p.m. edt, Elder Abuse-Insight into Victims of Crimes Act (VOCA). Here is a description of the webiniar
The Victims of Crimes Act (VOCA) supports crime victims programs that assist victims of sexual assault, spousal abuse, child abuse, or other previously underserved victims of crimes. In recent years, VOCA has supported elder abuse programs, including certain specified legal assistance expenses that help crime victims.
Legal aid programs play a crucial role in accessing justice for elder abuse victims. In this webinar, Elder Abuse-Insight into Victims of Crimes Act (VOCA) and Legal Aid Support, Steve Derene, Executive Director of the National Association of VOCA Assistance Administrators (NAVAA), will explain VOCA and its potential for supporting elder justice initiatives in legal services programs. Kathy Buckley, Manager of the Victim’s Services Program at the Pennsylvania Commission on Crime and Delinquency will provide insight into the programs the Commission supports through VOCA.
The webinar will emphasize key details legal aid programs should understand when applying for VOCA funding to support elder justice work.
And did I mention, it's free? To register, click here.