Senate Legislation Introduced to Impose a 36-Month VA Look-Back

Senate Legislation Introduced to Impose a 36-Month VA Look-Back:

NAELA’s Public Policy Committee has taken the lead in communicating NAELA’s response to Senate legislation that addresses some of the concerns identified in the Government Accountability Office (GAO) report on veteran pension benefits. NAELA supports steps to protect veterans from being taken advantage of by representatives from organizations who persuade veterans to purchase unsuitable financial products to qualify for VA Pensions. NAELA also supports steps to protect veterans from being given inappropriate advice on long-term care planning and asset transfers that may preclude or delay both VA and Medicaid eligibility.

NAELA supports steps to resolve these concerns in a way that expedites the VA catching up with its large backlog of unprocessed claims, and that does not burden veterans seeking to receive the benefits they have been promised by law. See NAELA's press release. Among the matters that could be cleared up by legislation or rule-making is a more precise definition of exempt versus countable assets for VA purposes and a clear asset standard. It also would be helpful to consider the extent to which any VA transfer-of-asset provisions should model themselves on the transfer-of-asset, spousal impoverishment, and special needs trust provisions of Medicaid.

In addition to contacting me, you may obtain current information by contacting NAELA’s Public Policy Consultant, Brian Lindberg, or NAELA’s Public Policy Chair, H. Amos Goodall. You can also visit the NAELA website for information.

Missouri Medicaid Allowances Increase Effective July 1st, 2012

Missouri Medicaid has announces that it will be increasing allowances starting on July 1st of this year. The monthly minimum maintenance allowance (MMNA), which is the amount of money allocated to the community spouse, has increased from $1,839 to $1,892. The shelter allowance, the money allocated for rent, and utilities will also increase from $552 too $568. These increases are low but much welcomed.

Cohousing - What is it? Where is it?

Boredom and isolation are hardships for seniors who want to age at home. Especially for those living in rural and remote areas, staying at home can mean going days without interacting with another person. Fortunately, there is a growing movement known as cohousing that offers seniors the opportunity to age in a tight-knit community of individuals who all contribute to the greater good of the neighborhood.

Cohousing is a community that is designed and organized by its residents. Residents get to decide what they want the community to be and then manage it themselves. Each member has a role within the community and feels a sense of accomplishment. Residents are required to participate in meetings to reach community-wide agreements, make plans and listen to each other. When new residents join the community, they receive training about what it takes to be a part of a cohousing community.

Cohousing communities are not designed to replace assisted living or nursing homes. Generally, people move into these communities in their 50s and 60s, planning for the future, rather than when living at home is no longer a viable option. In fact, cohousing as a concept was not created specifically with seniors in mind and most of these communities are multigenerational. However, Silver Sage in Boulder, Colo.; Glacier Circle in Davis, Calif.; ElderSpirit in Abingdon, Va. and Wolf Creek Lodge in Grass Valley, Calif. are some of the cohousing communities now prospering which were specifically designed for senior residents. These living arrangements allow seniors to maintain their independence by living in a house, condominium or apartment of their own while also remaining social and connected through planned social activities and communal areas. In addition, the residents make decisions about community policies, building projects and community organization.

Cohousing communities include libraries, guest rooms, community gardens, laundry faculties, dining rooms where the entire community gathers for a potluck dinner twice a week and community kitchens. They also include a variety of housing options for a diverse population. In fact, ElderSpirit has 42 residents, all aged between 60 and 86 years. Some of these residents own a two-bedroom house for which they paid roughly $165,000 while others rent and pay anywhere between $315 and $500 a month. Not only does cohousing provide these tangible benefits, but it also offers friendship, community and support. Many members of a cohousing community opt to return to their homes after a hospital visit rather than going to rehab facilities. They are able to do this because their community members help them to complete household tasks while they are physically unable.

This movement began in Denmark in 1985 and that country now has 250 of these innovative housing communities. The architect Charles Durrett introduced this concept to the American market with his book The Senior Cohousing Handbook. Durrett maintains that helping seniors live independently lessens the wear on social services and that by living together, they can not only live longer, but also happier and healthier lives.

These communities offer seniors security and fulfill their social needs. They also allow seniors to feel empowered and provide a sense of accomplishment for what they each bring to the community as a whole. In addition, many communities focus on sustainability and economic diversity. Seniors from all walks of life are provided various housing options to meet their needs, all of which are designed to be as green as possible. Many communities also grow their own food, which helps to make the community more environmentally sustainable while also providing a social activity to perform together.

To read more about cohousing and to find cohousing communities in your area, please visit:

http://www.midatlanticcohousing.org/?p=841

file:///Users/acarrubba/Desktop/Shepherd%20Elder%20Law/Cohousing%20Directory%20%7C%20The%20Cohousing%20Association%20of%20the%20United%20States.webarchive

Source: Taken from an article from Kevin Knapp

MO Seniors' Legal Helpline

The Missouri Seniors’ Legal HelpLine was developed with a grant from the U.S. Administration on Aging. The goals of the HelpLine project are to coordinate access and enhance existing legal services for Missourians 60 and over.  The Area Agency on Aging’s Information and Assistance network responds to phone and email contacts to provide legal information and screen referrals for legal advice.  The website has Missouri-specific information on senior legal issues such as benefits, financial and estate planning, consumer protection, guardianship and a glossary of common legal terms. The HelpLine can be contacted at 800-235-5503 (toll-free) and at www.moaging.com/legalhelp. 

Attorneys can register on the HelpLine site to provide pro bono and reduced fee services to seniors needing brief legal advice or assistance. Attorneys may also register by selecting the HelpLine on The Missouri Bar website pro bono affiliate “volunteer opportunity” list.  Referred seniors are screened for economic or social need. Legal issues are limited to civil matters (no criminal or traffic violations). Referrals are made to volunteer attorneys via fax. The attorney’s name is not given to the senior until the attorney accepts the referral. The site also allows sign up to offer (and to access) mediation, mentoring and community education. A volunteer attorney has the option to take a temporary leave, choosing the dates and length of time to be removed from the list.

HelpLine stakeholders are planning professional training (CLE courses) to reward current volunteers and recruit other attorneys. Proposed topics are assessing mental capacity of your elderly client and identifying undue influence or financial exploitation; civil remedies for financial exploitation; and when seniors divorce – the effects on estate planning and benefits and on dependents with disabilities.

Project staff applied for grants to underwrite the costs of CLE courses on collaboration of legal services and aging network professionals on elder abuse at the Aging Summit pre-conference on August 22, 2012 at Capital Plaza, Jefferson City.

For more information contact Marta Fontaine at 573.526.3246 or marta.fontaine@health.mo.gov or Cindy Deegan at 573.356.6496 or cindy.deegan@health.mo.gov