The National Academy of Elder Law Attorneys (NAELA) has designated the month of May as National Elder Law Month.  Elder law is an area of legal practice that focuses on issues relating to the aging population.  Elder law attorneys handle a wide range of concerns surrounding elder care.  This may include protecting assets from long-term care, Medicaid planning, financing long-term care, and estate planning. 

WHAT DO ELDER LAW ATTORNEYS DO?

Elder law attorneys prepare legal documents including Wills, Trusts, and Powers of Attorney.  A Will is a vital part of your estate plan and covers things like distribution of your assets and who will act as guardian for your children, things that if you do not prepare ahead of time, the state’s law will decide for you.  Powers of Attorney let you give another person the power to act for you if you were to become incapacitated.  A trust is a legal document that gives instructions for handling assets. 

HOW CAN AN ELDER LAW ATTORNEY HELP ME?

Elder law attorneys are advocates for elderly individuals and their loved ones.  They have specialized knowledge and experience concerning public and private resources and services that can help meet the needs of senior citizens, including those with disabilities.  An elder law attorney helps seniors and their families obtain their necessary legal documents and protect their legal rights.

While the area of elder law concerns the older population, no matter what stage of life you are in, there are steps you can take to better plan for your future with your elder law attorney.
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If you are interested in learning more, you can contact the office at 540-962-6181 to schedule an appointment with Jeanne Hepler, who is an elder law attorney.  Ms. Hepler is a member of Elder Counsel, WealthCounsel, and the Virginia Chapter of the National Academy of Elder Law Attorneys. 

With 48 million families supporting someone in long-term care across the United States,* all too often long-term care becomes the target for illegal activity that leaves the families who were simply trying to care for their loved one at a loss. However, you don’t have to become a victim.
 
TAKE TIME TO UNDERSTAND YOUR LOVED ONE’S ADMISSIONS CONTRACT 
When securing a long-term care facility for your loved one, you will have to decide whether or not to sign an often lengthy and confusing admission contract. Unfortunately, many caregivers do not understand what they are actually signing, thus providing the perfect opportunity for a facility to add illegal clauses that families unknowingly agree to.
 
For example, some admissions contracts include a clause that states a caregiver must pay the resident’s bill in the event that the resident cannot afford to do so. However, clauses like this are generally illegal. Yet, in the event that you unknowingly agreed to this clause in the admission contract, the nursing home can hire debt collectors, including law firms, to demand that you pay the unpaid bills; sometimes even going as far as personally suing you for the outstanding balance or reporting the debt to consumer credit reporting companies under your name.

HOW TO SPOT THE RISKS IN YOUR LOVED
ONE’S CONTRACT 
Oftentimes you may not realize your loved one’s contract includes these clauses until the nursing homes attempts to collect from you personally. If you are already experiencing this pressure from a nursing home, it is important to reach out to a knowledgeable elder law attorney who can review the contract you signed and advise you on the best way to proceed.
 
If you haven’t yet signed a contract, it is a prudent idea to have the agreement reviewed by an expert elder law attorney so they can ensure these clauses are not present. At the very least, pay special attention to verbiage such as “responsible party” or “joint and several liability” in the admissions contract. Some contracts also include language about the caregiver’s liability for a completed Medicaid application or make the caregiver jointly liable with the resident for nursing home bills. In any event, make sure you read the contract thoroughly before you sign it.
 
HOW TO HOLD BAD ACTORS RESPONSIBLE  
You can report the nursing home for violating the Nursing Home Reform Act. To do that, you will need to contact your state’s nursing home survey agency and file a complaint with your state attorney.
 
Finally, if you are having a problem with a debt collector, you can submit a complaint to the CFPB online or by calling (855) 411-2372. 
 
*According to AARP and National Alliance for Caregiving. Caregiving in the United States 2020. Washington, DC: AARP. May 2020. 

What is the federal public health emergency (PHE) and how does it affect Medicaid members?
 
The federal government declared a public health emergency when the COVID-19 pandemic began.  Since then, state agencies have continued health care coverage for all medical assistance programs, even for people who are no longer eligible.
 
When will normal Medicaid processes begin again?
 
States will have 12 months to make sure Medicaid members are still eligible for coverage even though the Public Health Emergency officially ends on April 1, 2023.  However, they will not cancel or reduce coverage for Medicaid members without asking them for updated information.  Denials and closures will begin on April 30, 2023, and everyone will be reviewed by March 2024.  After March 2024, it will be business as usual moving forward. 
 
All renewal Notices of Action will be mailed out this March of 2023 and you will have 30 days to respond once received.  You may have a 90-day grace period to respond if you miss the initial deadline for response. However, you will need to reach out to your caseworker to specifically request an extension if you need more time to respond. 
 
What can you do now?
 
You can:

• Update your contact information online at commonhelp.virginia.gov or by calling Cover Virginia at 1-855-242-8282. They must have current contact information on file, such as a mailing address and phone number(s), so that you receive important notices and so that the Department of Social Services can reach out if they need more information.
• Watch your mail and respond quickly to notices about coverage!
• Sign up for email and text updates, follow them on social media and visit them at coverva.org and facebook.com/coverva/.

 
What if you lost coverage during the PHE?
 
Anyone who lost coverage during the PHE due to administrative reasons needs to complete and submit the renewal paperwork that is requested. The Department of Social Services will process the renewal applications within 30 days and members can call 1-855-242-8282 with any questions.
 
If you would like additional information, please visit coverva.org or facebook.com/coverva/.  You can also call Cover Virginia at 1-855-242-8282 for assistance.
 
 

On National Slam the Scam Day (and throughout the year), the Social Security Administration gives you the tools to recognize Social Security-related scams and stop scammers from stealing your money and personal information. Please share scam information with your loved ones. Help us “Slam the Scam!”

Recognize the four basic signs of a scam:

1.      Scammers pretend to be from a familiar organization or agency, like the Social Security Administration. They may email attachments with official-looking logos, seals, signatures, or pictures of employee credentials.

2.      Scammers mention a problem or a prize. They may say your Social Security number was involved in a crime or ask for personal information to process a benefit increase.

3.      Scammers pressure you to act immediately. They may threaten you with arrest or legal action.
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4.      Scammers tell you to pay using a gift card, prepaid debit card, cryptocurrency, wire or money transfer, or by mailing cash. They may also tell you to transfer your money to a “safe” account.

Ignore scammers and report criminal behavior. Report Social Security-related scams to the SSA Office of the Inspector General (OIG).

Visit www.ssa.gov/scam for more information and follow SSA OIG on Facebook, Twitter, and LinkedIn to stay up to date on the latest scam tactics. Repost #SlamtheScam information on social media to keep your friends and family safe.
 

When you think about estate planning, the first thing that comes to mind is writing a will.  While a will is important, there’s more that’s needed to protect your future.  To be clear, the will does allow you to control how your assets are distributed after you pass away. If you didn’t have one, your assets and property would simply be distributed in an action carried out by the state.  Your wishes or what you “would have wanted” is simply irrelevant to the state without a formal will in place. A will is also critical when you have minor children. The terms of your will can give you control over how your children are raised should you and your spouse pass away. In your will, you can name a trusted person to serve as a guardian, meaning someone who will raise and care for your children when you cannot.  Without making a will, a court decides who raises your children; a decision that could potentially appoint a person you never would have selected yourself.
 
Having a will is definitely important, however, there are limitations to what a will can do by itself.  Fortunately, other estate planning documents can fill in the gaps.  For example, having a General Durable Power of Attorney (sometimes referred to as a POA) and Advanced Medical Directive will ensure that you retain some control over what is done on your behalf if you become incapacitated. Each of these documents empowers one or more individuals to make decisions about your assets or medical care when you are unable. Having these documents in place allows you to choose who you want to handle your affairs, rather than having a court make that decision for you, which could lead to the appointment of someone you would not have chosen for yourself.
 
Additionally, many bank accounts, life insurance policies, annuities, retirement accounts like IRAs and 401(k)s, and jointly-owned property allow you to use a beneficiary designation, instead of a will, to determine how the assets will be distributed. Many IRS rulings and court cases have concluded that the owner’s statements and intent in his or her will do not matter if they contradict what was written on the beneficiary designation form. This is why it’s also important to review your beneficiary designations periodically to ensure they reflect your wishes now, and not what you wanted when, for example, you opened the account 20 years ago.
 
Another estate planning tool families can utilize to provide a greater level of flexibility in how their future is managed is a trust.  There are different kinds of trusts that can be established for your needs.  For example, a revocable living trust can allow your estate to avoid probate entirely—and the public scrutiny that accompanies it.  Trusts can also protect your assets against creditors and other threats while protecting your heirs’ inheritances against creditors, predators, remarriage, and even their own poor decisions if they are not yet mature enough to handle an inheritance on their own.
 
As you can see, a will helps you accomplish important goals, but additional estate planning tools and strategies are available to protect you and your loved ones both after you pass away and in the event of disability while you are still alive.
 
To kick off the new year right, it’s a good idea to meet with an experienced estate planning attorney like Ms. Hepler at Collins & Hepler, PLC to discuss your own situation.
 

November was designated as National Long-Term Care Awareness Month by the American Association for Long-Term Care Assistance (ALTCP) in 2001. Their purpose is to create awareness of nursing homes in the area and provide information to the elderly so that they might explore this choice once they reach the age of 65. As no one is getting any younger, it is clearly important to have a plan ready for the nearing future.
 
Long-Term Care Awareness Month is all about planning ahead, having a strategy, and alleviating some of the burden placed on family members. Long-term care is a family affair, as the majority of caregivers are family members. Providing long-term care services for a loved one is expensive, stressful, and emotional.
 
As we approach the beginning of the holiday season, families will be gathering and sitting around tables, reminiscing and discussing future plans. While not everyone will need LTC insurance, we know everyone needs a plan.
 
Some facts and figures: 

• 70% of men and women over the age of 65 will need some kind of long-term care services.
• 14 million Americans currently require LTC support services.
• 27 million Americans will require these same support services by 2050.

                                            -American Association for Long Term Care Insurance (AALTCI)
 

The goal of the ALTCP is to raise awareness to help Americans realize the importance of planning for long term care early since it is common to lack a sense of urgency in planning for their future care needs. ALTCP also wishes to instill the necessity of preparing for long-term care considering that it is very costly. This is the best time of year to reach out to your loved ones who may be putting off long term care planning and, in the process, placing their savings and families at risk.
 
Use #LongTermCareAwarenessMonth to post on social media to raise awareness about long-term care and acknowledge anyone you know that is or has been a caregiver. The more we understand the emotional, physical, and economic toll that long-term care can take on loved ones, the more we can prepare for our own futures, so we don’t become a burden to the people we love the most.
 
For further reading:  November is Long Term Care Awareness Month: 50 Long Term Care Statistics Everyone Should Know (2018) | ALTCP.org
 
If you would like more information about this topic, please call the office at (540) 962-6181 to schedule an appointment with Jeanne Hepler. Ms. Hepler is a member of the National Academy of Elder Law Attorneys, the Virginia Academy of Elder Law Attorneys, and has been named one of Virginia's "Go To" Lawyers for Elder Law by the Virginia Lawyers Weekly, 2021.   

The recent study was conducted by Northwestern University’s Feinberg School of Medicine in Chicago, in collaboration with the Institute for Therapy through the Arts (ITA).  This study was different because it targeted patients with dementia and their caregivers, said lead study author Dr. Borna Bonakdarpour.  Most prior studies using music for dementia patients have focused only on the patients. 

“Patients were able to connect with partners through music, a connection that was not available to them verbally,” said Bonakdarpour, an associate professor of neurology at Northwestern University Feinberg School of Medicine and a Northwestern Medicine neurologist. “The family and friends of people with dementia also are affected by it. It’s painful for them when they can’t connect with a loved one. When language is no longer possible, music gives them a bridge to each other.”

The study was published Aug. 25 in Alzheimer Disease and Associated Disorders.

Musical memory, processing not as affected by Alzheimer’s

Music memories often remain in the brain even as language and other memories disappear in dementia, Bonakdarpour said. This is because regions of the brain that are involved in musical memory and processing (e.g., the cerebellum) are not as affected by Alzheimer’s or dementia until much later in the disease course. Thus, patients can retain the ability to dance and sing long after their ability to talk has diminished. 
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According to the Alzheimer’s Association, more than 6 million people in the United States have Alzheimer’s disease. 
 

​ You heard that right!
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On August 16, 2022, in an effort to make them more affordable and available to more Americans, the Food and Drug Administration (FDA) finalized a ruling that will allow hearing aids to be sold over the counter without a prescription to adults.  Wow, it is a long-sought wish come true for people frustrated by expensive exams and devices!

Around 37.5 million American adults have some trouble hearing, according to the National Institutes of Health. But the FDA estimates that only one-fifth of people who could potentially benefit from a hearing aid use one, per the AP.  The high cost of hearing aids, which are not covered by basic Medicare, has prevented millions of Americans from buying them. Under the FDA’s new rule, people with mild to moderate hearing loss should be able to buy hearing aids online and in retail stores as soon as October, without being required to see a doctor for an exam to get a prescription.  “The requirement to see a specialist was not only a burden and an annoyance for many consumers but it actually created a competitive barrier to entry,” Brian Deese, a White House economics adviser, tells the AP.  By eliminating the requirement for an examination and prescription, federal officials estimate the ruling could save people $2,800 on a pair of hearing aids, writes the New York Times’ Christina Jewett.
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This could mean a reduction in having to say “Could you repeat that?”

​Alleghany-Bath Highland Bar Association (ABH Bar) will host a Senior Law Day on Wednesday, August 10, 2022, from 10am to 2:45pm at the Mountain Gateway Community College (the former Dabney S. Lancaster Community College) in Clifton Forge, Virginia.  The event is free to the public, including a free lunch provided by Cucci’s Pizzeria for all registered attendees. 

Senior Law Day has been held annually in the community for over ten years.  This informative program has been organized to provide valuable legal knowledge to seniors and their families.  In just a few hours, attendees will receive free, trustworthy and useful information and gain access to resources on a wide range of issues that are important to seniors but often difficult to address. 

Topics include:  Estate Planning, Guardianships, Role of Commissioner of Accounts in Estates and Guardianships Grandparents’ Rights, Scams, Medicare and Social Security, Veterans’ Rights, Nursing Home Issues, Paying for Long Term Care, and Funeral Planning. 

Attorney Jeanne M. Hepler of Collins & Hepler, PLC will be one of the presenters at this event. 

Additionally, Lewis Gale Hospital – Alleghany will provide free blood pressure and glucose screenings!
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For more information, or to register, please call the law office of William T. Wilson at 540-962-7551.