Legal Issues for Older Adults

A Publication of the Oregon State Bar Legal Issues for Older Adults An Oregon Information & Reference Guide 2012

2012 Legal Issues for Older Adults An Oregon Information & Reference Guide A publication of the Oregon State Bar

Editor-in-Chief: Meredith Williamson Oregon State Bar Staff Editors: Julie Hankin and Kay Pulju Design and Production: LLM Publications 2012 by the Oregon State Bar All Rights Reserved Printed in the United States of America Oregon State Bar 16037 S.W. Upper Boones Ferry Rd. P.O. Box 231035 Tigard, OR 97281-1935 (503) 620-0222 or (800) 452-8260 toll-free in OR www.osbar.org Printed on recycled paper

Introduction Welcome to Legal Issues for Older Adults. This handbook is designed to help identify some of the matters that people may encounter as they age. It is not intended to be legal advice but rather a place to start the conversation and provide assistance with concepts and definitions. There are additional resources in 14 and a glossary of terms at the end of the handbook. This edition is updated as of January 2012. If reading it after that time, some information may be out of date. More current information may be found on the websites and through the contact information provided in each chapter.

Table of Contents Social Security and Other Benefit Programs 1 20 1-1 Social Security 2 General Eligibility...2 Benefit Eligibility...2 Family Benefits...3 Early Retirement and Full Retirement Age...4 Earnings After Retirement...5 1 1-2 Social Security Disability Benefits (SSDI) 6 How to Apply...6 Your Right to Appeal...7 Direct Deposit...8 1-3 Railroad Retirement 9 General Eligibility...9 Retirement Benefits...9 Spousal Benefits...9 Divorced Spouses...9 Earnings After Retirement...10 Disability Benefits...10 Survivors Benefits...10 How to Apply...10 Your Right to Appeal...11 1-4 Supplemental Security Income (SSI) 11 Eligibility...11 How to Apply... 13 1-5 Employee Pensions 14 Your Right to Participate... 14 Your Right to Information... 15 Eligibility for Benefits... 15 Absences from Employment... 15 Payment of Pension Benefits... 15 2012 Edition i

Table of Contents Social Security and Pension Benefit... 16 Survivors Pension Benefits... 16 Your Right to Appeal...16 1-6 State Financial Programs 16 Temporary Assistance for Needy Families... 17 Supplemental Nutrition Assistance Program (SNAP)... 17 Consumer Grievances...18 Elderly Rental Assistance...18 1-7 Additional Programs for Seniors 19 Emergency Help...19 Family Caregiver Support Program... 19 Meals...19 Oregon Food Bank...19 Oregon Project Independence... 19 Senior Community Service Employment Program... 20 Senior Farm Direct Nutrition Program... 20 Spousal Pay... 20 2 Medicare 21 40 2-1 Medicare Overview 22 2-2 Medicare Eligibility 23 2-3 Medicare Enrollment 24 Original Medicare (Part A & B)...24 Medicare Advantage and Prescription (Part C & D)...25 2-4 Benefits Covered by Medicare 26 Part A...26 Part B... 28 Part C Medicare Advantage Plans... 30 Part D Medicare Prescription Drug Coverage... 30 2-5 Medicare s Basic Payment Policies 32 Part A...32 Part B...34 ii Legal Issues for Older Adults

2-6 Medicare Claims 35 3 2-7 Medicare Denials & Appeals 36 Part A & B...36 Part C Medicare Advantage Plans...37 Part D Prescription Prescription Drug Coverage...37 2-8 Supplemental Health Insurance Medigap 38 Purchasing Medigap Insurance or Joining an HMO:...39 The Oregon Health Plan / Medicaid... 40 Help in Making Medicare Health Plan Decisions... 40 Medicaid 41 46 3-1 Medicaid Eligibility 42 3-2 How to Apply 44 3 3-3 Services Covered 44 3-4 Payment for Services 44 3-5 Estate Recovery 45 3-6 Medicaid Denials & Appeals 45 3-7 Managed Care Issues 46 Veterans Benefits 47 54 4-1 Veteran Health Care Benefits 48 4-2 Service-Connected Disability Compensation 48 4 4-3 Non-Service Connected Disability Pension 49 Enhanced Pension Benefits... 51 Dependents...53 4-4 Other VA Benefits 53 4-5 How to Apply 53 Your Right to Appeal...54 2012 Edition iii

Table of Contents 5 Long Term Care 55 72 5-1 Living Options 56 In-Home Care...56 Continuing Care Retirement Community (CCRC)...57 Assisted Living Facility...58 Residential Care Facility...58 Retirement Community...58 Adult Care Home...59 Memory Care Community...59 Nursing Facility... 60 5-2 Choosing a Senior Community 60 Some Questions to Ask...62 Things to Observe...63 5-3 The Resident s Bill of Rights 64 5-4 Paying for Long Term Care 67 Life Insurance Accelerated Death Benefit...67 Long Term Care Insurance...67 Medicaid...70 Medicare... 71 Reverse Mortgage... 71 The Veterans Administration... 71 5.5 Complaints 72 6 Property Ownership, Real Property Transfers, and Taxes 73 84 6-1 Types of Property Ownership 74 Fee Simple Absolute...74 Tenancy in Common...74 Survivorship Estate...75 Life Estate...76 iv Legal Issues for Older Adults

7 6-2 Transfer of Your Ownership Interest 76 Property Sale...77 Deeds...77 Power of Attorney for Real Property...79 Gifts... 80 6-3 Basic Tax Matters 82 Sale of Residence Tax Exemption... 82 Property Tax Deferral... 82 Property Tax Assessments and Challenges... 84 Veterans Property Tax Exemption... 84 Managing Your Property and Personal Affairs 85 94 7-1 Financial Matters 86 Direct Deposit... 86 Joint Bank Accounts...87 Power of Attorney...87 Representative Payee... 89 Conservatorship... 90 7 7-2 Health Care Decisions 91 Advanced Directive...91 Power of Attorney for Health Care...92 POLST...92 Guardianship...93 Mental Commitment...94 Estate Planning 95 103 8-1 Intestate Succession 96 8-2 Wills 97 8 8-3 Probate 98 Small Estate or Regular Probate...99 2012 Edition v

Table of Contents 8-4 Will Alternatives 99 Survivorship Interests...99 Payment on Death (POD Accounts)...99 Trusts...100 Life Insurance...102 8-5 Estate Taxes 103 9 Age Discrimination 105 109 9-1 Age Discrimination and Employment 106 Oregon Law...106 Federal Law...106 Filing a Claim...107 Retaliation for Complaining...108 9-2 Landlord/Tennant Law 108 HUD / Low Income Housing...108 9-3 Other Discrimination Laws 109 10 Consumer Information 111 121 10-1 General Consumer Protection Advice 112 10-2 Credit Purchases 112 Important Terms...113 10-3 Collection Agencies 114 10-4 Debts 115 10-5 Contracts 116 10-6 Warranties 118 10-7 Complaints about Merchandise 118 10-8 Home Repairs 119 Home Repairs on Credit...120 10-9 Lost Credit & Debit Cards 121 vi Legal Issues for Older Adults

11 Protecting Yourself from Crime and Abuse 123 136 11-1 Protecting Yourself from Street Crime 124 11 11-2 Protecting Yourself at Home 125 11-3 Protecting Your Finances 126 What if Your Identity has been Stolen?...129 Special Consideration for Internet Usage...129 Online Purchasing...130 11-4 Protection from Schemes, Frauds and Rip-offs 130 Hearing Aid Purchases...131 Insurance...131 Pre-Paid Burial Plans...131 Bait and Switch...131 Person in Need...131 Pigeon-Drop...132 Door-to-Door Sales...132 Telephone Sales...132 11-5 Protecting Your Right to Make Decisions 133 11-6 If You Are a Crime Victim 133 11-7 Protection from Violence at Home 134 11-8 Reporting Elder Abuse 135 Family Relationships 137 142 12-1 Grandparent Visitation 138 12-2 Custody of Grandchildren 138 12 12-3 Dissolution of Marriage/Domestic Partnership 139 Short Form Divorce...140 Pro Se (Self-help) Divorce... 141 Use of Former Name...142 Anticipating Marriage...142 2012 Edition vii

Table of Contents 13 When a Loved One Passes Away 143 148 13-1 Responsibilities of the Personal Representative after a Death 144 Within the first day...144 Within the first few days... 145 Within the first few weeks... 147 13-2 The Probate Process 148 14 Resources 149 176 14.1 Local Area Agency on Aging (AAA) and Senior & People with Disability (SPD) 150 14.2 Legal Services 157 14.3 Social Security Administration 162 14.4 Department of Revenue 163 14.5 Low Income Services 164 14.6 Abuse Resources 168 14.7 Age Discrimination Resources 169 14.8 Veterans Resources 170 14.9 Health Care Decisions 172 14.10 Additional Resources 172 14.11 Medicare & Medicaid 173 14.12 Retirement Resources 173 14.13 Insurance Resources 174 14.14 Suggested Reading 174 14.15 Consumer Protection 175 viii Glossary Glossary of Terms 177 183 Legal Issues for Older Adults

Social Security and Other Benefit Programs 1 There are several benefits programs available to people over certain ages, their spouses, and their dependents. This chapter will discuss eligibility requirements, family benefits, the application process, and the appeals process for several state and federal benefits programs. In addition, this chapter will provide an overview of programs for seniors who may need additional help with food, shelter, or caregiving support. In this chapter Section 1-1 Section 1-2 Section 1-3 Section 1-4 Section 1-5 Section 1-6 Section 1-7 Social Security Social Security Disability (SSD) Railroad Retirement Supplemental Security Income (SSI) Employee Pensions State Financial Programs Additional Programs for Seniors Find definitions for these terms (indicated in bold) in the glossary: Credits Reconsideration Social Security Supplemental Security Income 1

1 Social Security and Other Benefit Programs 1-1 Social Security Social Security is a federal program managed by the Social Security Administration (SSA) that provides income to eligible workers and their families when the worker retires, becomes severely disabled, or dies. General Eligibility To qualify for Social Security benefits, you must have worked in a job where you or your employer paid the Social Security tax. You must have worked a certain amount of time to earn quarters of coverage, or credits. The number of credits you earn while you work depends upon your covered wages. When you earn enough credits, you become eligible for benefits. The amount of benefits you will receive each month depends upon the amount of your average yearly earnings. Find more Social Security info online at www.ssa.gov To find out how many credits you have or need to qualify for benefits, contact the Social Security Administration or your local Social Security office. The Social Security Administration also provides a benefit estimate. If you work and file an income tax return, you should already be receiving an annual Personal Earnings and Benefit Estimate Statement which you can calculate online at www.ssa.gov. If your earnings record is incorrect, you can give your local Social Security office proof of additional wages, such as your W-2 forms. If you do not have your W-2 forms and cannot get any other evidence from your employer, it is possible to have statements from your fellow employees accepted as proof of additional wages. Benefit Eligibility You must meet the following requirements to be eligible for retirement benefits: You have a minimum of 40 credits; You are age 62 or older (see section below on early retirement); and You are retired or are employed with limited earnings. 2 Legal Issues for Older Adults

Family Benefits Section 1-1 Social Security Spouse If you are the spouse of a qualified worker, you may be eligible for up to one-half of your spouse s benefit. You cannot collect benefits until the eligible spouse files for Social Security. You can take spousal benefits as early as age 62 but doing so will reduce the overall benefit. If you are caring for a child under the age of 16 or a disabled child, you may be eligible for the benefit earlier than age 62. 1 If you qualify for Social Security on your own work credit history, you will be paid your benefit amount first. If your benefit is less than half of your spouse s benefit, you will get a combination of benefits to bring you up to equal half of your spouse s benefit. You may defer your own benefits, up to age 70 and still collect spousal benefits. If you delay your Social Security benefit, remember to avoid the late enrollment penalty for Medicare by enrolling at age 65. Divorced Spouse If you are the divorced spouse of a qualified worker, you can receive benefits on your former spouse s Social Security benefit if you: Were married to your former spouse for at least 10 years; Are age 62 or older; *Or younger than 62 and caring for a child who is younger than 16; Are not remarried; and Are not eligible for a higher benefit based on your own earned credits. In some cases, a former spouse may receive benefits even if the wage earning spouse does not. Surviving Spouse You can receive benefits as a surviving spouse if your spouse dies fully insured and you are age 60 or age 50 and disabled. 2012 Edition 3

1 Social Security and Other Benefit Programs Surviving Divorced Spouse You can receive benefits as a surviving divorced spouse if your former spouse died fully insured and you: Are at least age 60, or age 50 and disabled; Were married to your former spouse for at least 10 years; and Are not eligible for a higher benefit based on your own earned credits. If you are already entitled to benefits as an aged or disabled surviving divorced spouse and remarry, the benefits will continue regardless of your age at the time of your remarriage. Dependents To be eligible, a dependent must be under age 18, under age 19 and attending school, or disabled before age 22. Each eligible child will receive up to one-half of your full benefit, up to a certain limit. An unmarried qualifying dependent child may also eligible for survivor benefits. Death Benefits A surviving widow(er) or dependent children can receive a lump sum death benefit of $255 in addition to monthly survivors benefits. Early Retirement and Full Retirement Age You can begin collecting early retirement benefits at age 62 but your monthly benefit amount will be permanently reduced if you opt for early retirement. Full retirement age depends on the year you are born. For those born before 1937, full retirement benefits are available at age 65. The full retirement age gradually increases until topping off at age 67 for people born after 1959. For the amount of the reduction in your case, contact your local Social Security office. 4 Legal Issues for Older Adults

Table 1.1 Full Retirement Age by Birth Year Section 1-1 Social Security 1 Birth Year Full Retirement Age 1943 1954 66 1955 66 and 2 months 1956 66 and 4 months 1957 66 and 6 months 1958 66 and 8 months 1959 66 and 10 months 1960 and later 67 You will not receive a payment until age 62 even if you retire younger. Benefits do not increase while unemployed. Earnings After Retirement If you retire before your full retirement age but then return to work, your employment earnings may reduce the amount of Social Security benefits you receive until you reach full retirement age. Your Social Security benefit level will not be affected during this time if your earnings stay under the annual exempt amount. See Table 1.2 for exempt amounts and total benefit reduction. Table 1.2 benefit Reduction After Returning to Work After Retirement Year 2012 Exempt Amount Benefit Reduction Under full retirement age $14,640 $1 for every $2 earned Year you reach full retirement age Full retirement age and older $38,880 $1 for every $3 earned n/a No reduction You should immediately report extra earnings to your local Social Security office. If the money you earn after retirement would increase your monthly benefit amount, the amount will be automatically recalculated and sent to you. If high earnings result in your being overpaid Social Security benefits, you may have to pay them back. 2012 Edition 5

1 Social Security and Other Benefit Programs 1-2 Social Security Disability Benefits (SSDI) Disability is defined as a medically established physical and/or mental impairment that stops you from having substantial gainful employment and is expected to last longer than twelve months or result in death. It is not enough to show that you can t do your former job. If you have at least twenty earned credits in the ten years immediately before you become disabled, you may be eligible for disability benefits (SSDI) before you reach age 65. The amount of your SSDI is based on your lifetime earnings before your disability began and not the degree or severity of your disability. If you do not have enough work credits, you still may qualify for Supplemental Security Income. See SSI section below for more information. If you qualify for disability benefits, your children, spouse, and former spouse may also qualify for benefits, as described in the retirement benefits section above. You will automatically be enrolled in Medicare and will start receiving benefits twenty-four months from the month you are entitled to receive disability benefits. See 2 for more on Medicare See 3 for more on Medicaid People with end-stage renal disease will get Medicare beginning the third month after their first course of dialysis or the month of a kidney transplant. People with Lou Gehrig s Disease will receive Medicare beginning with the month they become entitled to disability benefits. How to Apply To apply for Social Security benefits, set up an appointment at your local Social Security office, call SSA s toll free number (800-772-1213), or go online at www.ssa.gov. (See 14, Resources, for local office locations.) 6 Legal Issues for Older Adults

Section 1-2 Social Security Disability Benefits (SSDI) You must have an original or a certified copy of the following documents at the time you apply: 1 Your Social Security number; Your birth certificate or other proof of your date of birth; The previous year s W-2 forms or self-employment tax return; Military discharge papers (if applicable); Spouse s birth certificate and Social Security number (if applying for spousal benefits); See 14, Resources, for local social security office locations. Children s birth certificates and Social Security numbers (if applying for dependent benefits); Proof of citizenship or lawful alien status; Name, routing and account number of financial institution that will receive the payments; Proof of age for all applicants on your account; Marriage certificate for all benefits going to your spouse or dependent children; A divorce decree for any benefit going to your former spouse; and Proof of the worker s death, if you are applying for survivors benefits. Your Right to Appeal You may appeal the decision if Social Security denies, reduces, or ends your benefits. You may also appeal if Social Security says it overpaid you. The 800-772-1213 appeal request must be in writing and submitted within 60 days from the date you receive the initial decision letter from the Social Security Administration. You can start the appeals process on the Internet at www.ssa.gov. www.ssa.gov You may have a lawyer, paralegal, or other person represent you throughout the process. Usually there is no cost to speak with a lawyer who practices Social Security law unless your case is won. 2012 Edition 7

1 Social Security and Other Benefit Programs The appeals process includes the following steps: 1. Reconsideration: Social Security will complete a full review of your claim. It will be reviewed by someone who was not involved in the decision you are appealing. 2. Hearing: If you lose the reconsideration, you may request a hearing before an administrative law judge. This is your chance to explain your situation and bring witnesses. You must request a hearing within 60 days of receiving the reconsideration decision. 3. Appeals Council Review: If you lose the hearing, you may ask the Appeals Council to review the decision. You have 60 days from the date of the administrative law judge s decision to request this review. 4. Judicial Review: If you disagree with the Appeals Council s review or the Appeals Council decides not to review your case, you can file a lawsuit in a federal district court within 60 days from the date of the Appeals Council s decision. You can get more information on how to prepare for Social Security appeals See 14, Resources, for list of Legal Aid Services. from your local Legal Aid Services office. (See 14, Resources, for a list of Legal Aid Services.) If you have been receiving benefits, and you receive notice that you are no longer eligible because your condition is not disabling, you can request they continue during the appeals process. You must inform Social Security that you would like the benefits to continue within 10 days of the date you receive the decision letter. If you lose your appeal, you may have to pay the money back. Direct Deposit Social Security, like all federal benefits, must be paid directly into your bank account through a direct deposit. There are a few limited exceptions to this rule. If you don t already have a bank or credit union account, shop around. Avoid financial institutions that charge high fees. 8 Legal Issues for Older Adults

Section 1-3 1-3 Railroad Retirement Railroad Retirement 1 The federal Railroad Retirement Board handles this benefit program for eligible workers and their families. General Eligibility Railroad Retirement benefits are based on months of service and earnings credits. Employees of railroads engaged in interstate commerce, some related industries, railway associations, and national railway labor organizations qualify for Railroad Retirement after 10 years of credited work (five years for credited work performed after 1995). Retirement Benefits Railroad employees with at least 30 years of service on or after January 1, 2002, can get full benefits (called annuities ) at age 60. The rate paid depends on the employee s earnings. Employees with fewer than 30 years of service (but at least 10 years) can get reduced benefits at age 62 and full benefits at full retirement age (65 67 depending on the year you were born). Spousal Benefits A spouse may be eligible for retirement benefits depending on the employee s age at retirement and years of railroad service. A spouse of any age can receive spousal annuity benefits when the employee qualifies for a retirement annuity, as long as the spouse is caring for the employee s unmarried minor child or a child who became disabled before age 22. Divorced Spouses A divorced spouse may be eligible for an annuity if: 1) he or she was married to a retired eligible employee for at least 10 years; 2) he or she has not remarried; and 3) both are at least one month older than 62 when the ex-spouse applies. 2012 Edition 9

1 Social Security and Other Benefit Programs Earnings After Retirement No benefits are available in any month in which a retired railroad employee works for a railroad industry covered by the retirement benefit law. Other kinds of earnings may result in reductions in benefits, similar to the reductions for Social Security retirement. Disability Benefits A railroad employee with at least 10 years of credited service (or five years of service since 1995) who becomes totally disabled (same definition as used for SSDI see section above.) from their ability to work can qualify for an Annuity Based on Total Disability. For employees age 60 or older with 10 years of service, or of any age with at least 20 years service, an Annuity Based on Occupational Disability is available if they have regular current connection. Regular current connection is defined as having worked for the railroad at least 12 of 30 months before the annuity begins or at least 12 months without significant nonrailroad employment, with some exceptions, between the end of the 30 month period and the month in which the annuity begins. This benefit is for employees who are permanently disabled from their regular railroad occupation. In some cases, disabled employees can get additional ( supplemental ) benefits when they turn age 60 or 65, but they must meet several requirements to do so. Survivors Benefits The benefits available to surviving spouses and children are similar to those offered by Social Security. For families who qualify, there is also a death benefit. How to Apply You must apply to receive any kind of benefit for yourself or your family. Call the nearest Railroad Retirement Board office to schedule an appointment to apply for benefits; be sure to ask what documents you will need to bring to show that you are eligible. 10 Legal Issues for Older Adults

Your Right to Appeal Section 1-4 Supplemental Security Income (SSI) If the Railroad Retirement Board denies, reduces your benefits, ends your benefits or claims it overpaid you, you may appeal its decision. You can be represented by a friend, family member, paralegal or lawyer. The appeal process is very similar to that for Social Security benefits. 1 1-4 Supplemental Security Income (SSI) Supplemental Security Income (SSI) is a federal program funded by general tax revenue. It provides a basic level of income to anyone with limited income and resources who is age 65 or older or who is blind or disabled. You do not need to have a work history or be eligible for Social Security to be eligible for SSI. However, if you are receiving Social Security benefits, you may also qualify for SSI if your income remains under the stated limit and you meet the resource limitations. Eligibility To be eligible for SSI payments, you must meet all of the following requirements: Be age 65 or older, disabled, or blind; Have limited income and resources; Meet the citizenship or qualified alien status requirements; Be a resident of one of the states, D.C., or Northern Mariana Islands; Not be absent from the country for more than 30 consecutive days; Apply for other cash benefits you may be eligible for; Give the SSA permission to request financial records; Meet certain other requirements outlined below; and File for SSI. 2012 Edition 11

1 Social Security and Other Benefit Programs Disabled is defined as having a physical or mental condition that keeps you from working that is expected to last at least 12 months or result in death. (A different standard applies for children.) Blind means your vision, with corrective lenses, is no better than 20/200 in your stronger eye or your visual field is 20 degrees or less. Income includes money earned from work, free housing and food, and money received from other sources including friends and family, Social Security, and VA benefits. The first $20 of income is excluded as is the first $65 of earned income plus half of your earnings over $65. The monthly income limit for 2012 is $698 for an eligible individual and $1,048 for an eligible individual with an eligible spouse. The limit usually rises each year to reflect cost of living increases. If your income is below the limit, your eligible benefit will be reduced by the amount of your countable family income. The amount you will collect is reduced by the applicable income you receive minus the excluded amounts. These rules change periodically. If you think you qualify for SSI, contact Social Security to file an application. Your Countable Resources must be less than $2,000 for one person or $3,000 for a couple. Countable resources include cash on hand, bank accounts, and stocks and bonds. Countable resources do not include up to $500,000 in equity of your current residence, certain personal belongings such as your automobile, life insurance policies with face value of less than $1,500, immediate family burial plots, and burial funds. Always check with Social Security to determine if your property is a countable resource. You may be ineligible for SSI for up to 36 months if you give away or sell countable resources for less than face value to reduce your resources below the stated limit. 12 Legal Issues for Older Adults Legal Book for Seniors.indb 12 3/19/2012 10:38:38 AM

Section 1-4 Supplemental Security Income (SSI) Important Note: A person who receives SSI can qualify for Medicaid to help pay health care bills. Even a few dollars of SSI benefits enables a person to obtain Medicaid coverage. In most instances, you must apply separately for Medicaid. Someone who gets SSI also may also be eligible for Medicare prescription coverage. 1 How to Apply Call the Social Security Administration to apply for SSI. You can apply over the telephone or set up an appointment at your local office. You can also appoint a representative to help you with the process. Have the following original documents (or certified copies) available when you apply: See 2 for more on Medicare See 3 for more on Medicaid Your Social Security card or number; Proof of your age such as a birth certificate; Proof of citizenship or alien status record; Proof of income (pay stubs, tax returns, bank statements, self employment information, etc.); Information about where you live (your latest property tax bill, assessment notice, or rent receipt); All of your bank statements and other financial records; Life or disability insurance policies; Information about your spouse s income and resources, if you are married; Motor vehicle documents for all motorized vehicles; Medical records or other documents showing you have a disability; Work history for the last 15 years including title, type of work, employers, dates and hours worked. Make sure to keep copies of everything you provide and the name of the person you work with from Social Security. 2012 Edition 13

1 Section 4 See 14, Resources, for contact information. Social Security and Other Benefit Programs Overpayment An overpayment can occur if you receive more SSI than you are entitled to due to a change in circumstance or an incorrect calculation. If you receive an overpayment notice and think the Social Security Administration made a mistake, you can ask for an appeal. You must do so within 10 days of the date on the notice. Even if you agree you were overpaid, you still have the right to request a waiver of the overpayment. You can get this waiver if you cannot afford to repay the money and were without fault in causing the overpayment. Contact the local Social Security office, or seek legal help from the legal aid office nearest you. (See 14, Resources, for contact information.) Appeals The appeal process for SSI is the same as for Social Security. You must begin your appeal online at www.ssa.gov/disablity. 1-5 Employee Pensions A pension plan is an agreement between an employee, an employer and, for some jobs, the employee s union. Sometimes only the employer contributes to the pension fund, and sometimes the employee does as well. Employers are not required to have pension plans. Federal law provides some stability for private pension programs. The Employee Retirement Income Security Act of 1974 (ERISA) sets the standards for private pensions. It also provides guaranteed pensions in some cases. Your Right to Participate If a pension is offered at your place of employment, you must be permitted to participate if you are 21 or older or if you have worked there for at least one year. This means your time at the job will be counted toward qualifying for retirement benefits. 14 Legal Issues for Older Adults

Your Right to Information Section 1-5 Employee Pensions ERISA requires that all plan rules be in writing. The plan administrator must explain all facts and rules about your employee benefit plan. You can get the plan rules, your employment records, and a statement of the credit you have earned to date. You can then determine when you will be eligible for benefits and calculate the approximate amount of your benefits. You also may request copies of the Plan and Trust and a plan description, which outlines your rights, from the plan administrator. 1 Eligibility for Benefits You earn credits by working in a job covered by an employee benefit plan. The plan rules specify how much work an employee must do to earn a year of credit. The rules also explain how many years of credits you need to qualify for benefits. Absences from Employment Employees who work for a short time or who have long absences from work may not be eligible for benefits. Find out how your employee benefit plan handles absences from work. Payment of Pension Benefits If you have not done so, it is wise to contact your plan administrator about pension benefits. The plan administrator has 30 days from your inquiry to give you written notice of your benefit amount and when you are entitled to receive it. Some plans may offer early retirement benefits and disability benefits. Some plans may give you a lump sum payment if the amount of your benefit is less than $3,500. When you select what type of retirement benefit you want, your spouse will usually be notified and asked to sign a release or consent form. Most private employee benefits are treated as taxable income once you start collecting them. 2012 Edition 15

1 Social Security and Other Benefit Programs Social Security and Pension Benefit Under some pension plans, Social Security and pension benefits are integrated, which means that the amount of the pension can be reduced by all or part of your Social Security payment. Since 1988, plans are required to leave at least half of your pension in the plan. Survivors Pension Benefits Under most pension plans, employees can choose to have pension payments go to their surviving spouse. Check to see whether survivors benefits and early death forfeiture clauses are in your pension. Early death forfeiture means that your spouse does not receive benefits if you die before the early retirement age in the plan. If you die while you are eligible for employee benefits under an employee benefit plan, your spouse may receive a death benefit. If you wish to have someone else receive this death benefit, arrangements must be made with your plan administrator. Your Right to Appeal The plan administrator is required to let you know, in writing, if your application for benefit payments is denied. The plan administrator must give you specific reasons for the denial. You have the right to a full review of the denial by all the trustees of the plan. If you are still unhappy with the decision, you may file a lawsuit in federal district court. 1-6 State Financial Programs Oregon s Department of Human Services Seniors and People with Disabilities See 14, Resources, for a list of AAA offices. office (SPD) controls several financial aid programs. In most counties, the local Area Agency on Aging (AAA) handles the programs. (See 14, Resources, for a list of AAA offices.) Most AAA offices provide information and referral services. AAA can tell you where to apply for food stamps, emergency help, help for winter heating, medical help and other community programs. 16 Legal Issues for Older Adults

Section 1-6 State Financial Programs Other programs include meals, transportation, counseling, case management, respite for family caregivers, protective services, and in-home support services. Check with your local AAA office or senior center to see if other programs are available. AAA offices can direct you to your local senior center. You should call to find out for certain if you are eligible for these programs and always apply in writing. You have the right to appeal a denial. 1 Temporary Assistance for Needy Families If your children, grandchildren, or other relatives younger than 18 live with you and rely on you for their care, you may be eligible for Temporary Assistance for Needy Families (TANF). TANF provides money to low income families and provides housing, child care, and collection of child support from absent parents. Contact your local Children and Family Services office for more information. See 14, Resources, for a list of AAA offices and TANF. Supplemental Nutrition Assistance Program (SNAP) The state issues food benefits under a federal program. These benefits are distributed through an Electronic Benefit Transfer (EBT) and the Oregon Trail Card. SNAP helps people buy food. You cannot use SNAP benefits to purchase pet food, soap, paper products, tobacco, or alcohol. Low-income people of any age may qualify. If you qualify, the amount you receive depends on your income, needs, and family size. If you are now receiving SSI or benefits from a similar program, you may automatically qualify for SNAP but you must apply. To qualify, your monthly income must be less than $1,679 per month for an individual or $2,268 for a couple. If you are disabled or over age 60, the amount may be larger. Contact your local AAA office to check your eligibility. Your Right to Appeal If you disagree with a SNAP decision, you may request a hearing. You have 90 days to appeal from the date of a decision that denies benefits. If you are already receiving benefits, appeal within 10 days from the date of the decision 2012 Edition 17

1 Social Security and Other Benefit Programs in order to continue your benefits during your appeal. Continuation of your benefits after the appeal depends on the outcome of your particular case. Contact your local AAA office for more information. Consumer Grievances You have the right to make a written complaint about poor treatment by a state worker. To make a complaint, ask for a grievance form (available from the agency). Complete the Consumer section, and return it to the office. Doing this may make the agency review your case to make sure you get the services you deserve. Complaining also causes a supervisor to discuss your See 14, Resources, for a list of AAA offices. complaint with the worker. The agency cannot discriminate against you for making a complaint. You can contact your local AAA or the Governor s Advocacy Office in Salem. (See 14, Resources, for office locations.) Elderly Rental Assistance The elderly rental assistance program helps low income seniors who pay rent at a property that qualifies based on its property taxes. In addition, the following must apply: You or your spouse/registered domestic partner must be age 58 or older on December 31 of the preceding year; Your annual total household income must be less than $10,000; You must pay more than 20 percent of your household income for rent, fuel, and utilities; See 14, Resources, for Oregon Department of Revenue contact infomation. You lived in Oregon on December 31 of the preceding year in a rental home subject to property tax; and If you and your spouse/registered domestic partner are between ages 58 and 65, your combined assets must not exceed $25,000. There is no limit on assets if you or your spouse is over age 65 Contact the Oregon Department of Revenue for Form 90R to fill out and file with your tax return. (See 14, Resources, for contact information.) 18 Legal Issues for Older Adults

Section 1-7 1-7 Additional Programs for Seniors Additional Programsfor Seniors 1 To find out more about the following programs, contact your local senior center or AAA office. (See 14 for a list of offices.) Emergency Help Emergency assistance may be available for low-income persons who need help with energy costs, weatherization, food, shelter, and transportation. See 14, Resources, for a list of AAA offices. Family Caregiver Support Program The Family Caregiver Support Program is a statewide program providing respite care, supplemental services, and products to make caregiving easier for caregivers of family members who are over age 60, and for people over age 60 who are caring for minor children. Meals Some community programs serve hot meals at noon or deliver meals to your home. Oregon Food Bank The Oregon Food Bank and many community organizations and churches also offer food to Oregonians. Oregon Project Independence Oregon Project Independence is a program that provides help for people who have been diagnosed with Alzheimer s disease or related dementia disorders, are age 60 years or older, meet the state's long term care priority rule, and are not receiving Medicaid long term care services. Services include home care, assisted transportation, respite/adult day care, home meal deliveries, and case management. There is an hourly fee for services. 2012 Edition 19

1 Social Security and Other Benefit Programs Senior Community Service Employment Program Senior Community Service Employment Program is a federally funded program that provides on-the-job training for people age 55 and older. Older adults work at community service assignment four hours a day, five days a week, for minimum wage. Senior Farm Direct Nutrition Program Provides low-income seniors with checks to purchase Oregon raised fruits, vegetables, and herbs at approved fruit stands and farmer s markets. Spousal Pay The Spousal Pay Program is an in-home support services program that allows payment for services that are provided by the spouse of an eligible person. Individuals must be eligible for Medicaid, require help with activities of daily living, and qualify for in-home services. The spouse must provide services that exceed what would usually be expected of a husband or wife. The spouse must be capable of meeting the individual s service needs. Other services may include: counseling; home repair and modification; in-home support (help with housekeeping or personal care); protective services (investigating reports of abuse or neglect of elderly and disabled persons); public guardianship; conservator programs; and help with choosing a long term care setting. A Final Note If you think you might be eligible for one or more of the programs listed in this chapter, contact the proper agency and fill out an application. Do not be discouraged from applying! Insist on completing an application even if an agency tries to turn you away. If you complete your application, the agency must tell you in writing if it thinks you are not eligible for benefits and why. If you think this decision is wrong, you can appeal. 20 Legal Issues for Older Adults

Medicare Medicare is a federal health insurance program for people age 65 and over, for some disabled people under age 65, and for people with end stage renal failure. This chapter does not discus Medicaid, a needs based program for low-income persons. See 3 for information on Medicaid. 2 In This Section 2-1 Medicare Overview Section 2-2 Medicare Eligibility Section 2-3 Medicare Enrollment Section 2-4 Benefits Covered by Medicare Section 2-5 Medicare's Basic Payment Policy Section 2-6 Medicare Claims Section 2-7 Appeal Rights Section 2-8 Medigap Policies Find definitions for these terms (indicated in bold) in the glossary: Donut Hole Premium Private Contract Reconsideration 21

2 Medicare 2-1 Medicare Overview Medicare is a federal health insurance program managed by the Centers for Medicare and Medicaid Services (CMS). It helps pay hospital and medical costs, some or all prescription costs, and care in other health care settings. People who are age 65 or older and some disabled people who are under age 65 are eligible for Medicare. There are four parts to Medicare: A. Medicare Hospital Insurance B. Medicare Medical Insurance C. Medicare Advantage Plans D. Prescription Coverage Medicare Part A is Medicare hospital insurance. It usually covers a necessary stay in the hospital. It may cover inpatient care in a skilled nursing facility or certain health care in your home after you leave the hospital. It will also cover hospice services and inpatient care in a religious nonmedical health care institution. Part A does not cover doctors services. Medicare Part B is Medicare medical insurance; it includes doctors services, outpatient hospital services, diagnostic tests, durable medical equipment, some home health care, and preventative services. There are monthly premiums based on your income. The average premium in 2012 is $99.90. Medicare Part C or Medicare Advantage is an alternate to the traditional Part A /B combination (original Medicare). Under Part C, an enrollee elects to assign Part A and Part B to a private company approved by Medicare. This can be a managed-care or HMO (health maintenance organization), PPO (preferred provider organization), Special Needs Plan (SNP), PFFS (private fee-for-service plan), HMO Point-of-Service (HMOPOS), or a Medical Savings Account Plan (MSA). These plans may include coverage for items that are not covered under original Medicare. They may also have different eligibility requirements and premiums. 22 Legal Issues for Older Adults

Section 2-2 Medicare Eligibility Medicare Part D is the general name of the prescription drug plans available for Medicare recipients. Although people must have Medicare Part A, B, or a Medicare Advantage Plan to qualify for a Medicare prescription drug plan, the plans are operated by private insurance companies, not by Medicare. 2 Medicare does not cover some common health care expenses including dental care, most eyeglasses, hearing aids, and most long term care. 2-2 Medicare Eligibility You are eligible for Medicare if any of the following situations apply: You are age 65 or older and qualify for Social Security or Railroad Retirement benefits, even if you are not collecting them; You are a former federal employee who retired in or after 1983; You are disabled and have met the Social Security or Railroad Retirement disability requirements for two years; or You have end-stage kidney disease and have been treated on dialysis for three months. If you are age 65 or older but not eligible under the above requirements, you may still choose to enroll in the extended eligibility Medicare program if you live in the United States and have been a citizen or a legal resident for at least five years. If you choose to enroll in this extended eligibility, you must pay higher monthly premiums than eligible beneficiaries. 2012 Edition 23

2 Medicare 2-3 Medicare Enrollment Original Medicare (Part A & B) The initial enrollment period includes a seven-month period beginning three months prior to your 65th birthday and extending three months past your 65th birthday. If you wait to sign up until your birthday or the three months after, you may experience a delay in coverage for up to three months. If you don t sign up during the initial enrollment period, you may be penalized up to 10% for each 12 month period you were eligible but not enrolled. There is a special enrollment period for people who were covered under a group health plan due to employment (COBRA and retiree health plans do not count). You can enroll under the special enrollment period if you or your spouse (or family member if you re disabled) is working, and you re covered by a group health plan through the employer or union based on that work. You may also enroll during the 8-month period that begins the month after the employment ends or the group health plan insurance based on current employment ends, whichever event happens first. There is generally no penalty if you sign up during the special enrollment period. You can sign up during open enrollment between January 1st and March 31st of each year. If you sign up during open enrollment, your coverage will begin January 1st. If you sign up for Social Security benefits at age 65, you can sign up for Medicare at the same time. If you are already receiving reduced Social Security benefits when you reach age 65, you will receive a Medicare card showing your enrollment in Part A (hospital insurance) and Part B (medical insurance). The premium will be deducted from your monthly Social Security payments. If you are not receiving reduced Social Security benefits, you will be billed for the premiums. 24 Legal Issues for Older Adults

Section 2-3 Medicare Enrollment You have a 6-month open enrollment from when you sign up for original Medicare to purchase a Medigap policy (See Medigap section for more information on Medigap policies.) 2 Medicare Advantage and Prescription (Part C & D) You can sign up for Medicare Part C and/or Medicare Part D during specific times of the year, or if there are changes in your circumstances. Similar to original Medicare, you can sign up for C or D during the initial enrollment period beginning three months prior to your 65th birthday through three months after your 65th birthday. See Medigap section for more information on Medigap policies. If you enroll in Medicare Part B during the open enrollment from January 1 March 31 you can enroll in C & D Plans from April 1st through June 30th. If you do not have Part A, you can only sign up for a prescriptiondrug Plan (Part D). You can change plans during the open enrollment period, October 15 December 15. From January 1 February 14 you can drop an Advantage Plan and switch to original Medicare. There are also special enrollment periods if you have a change in circumstance such as moving, a plan changing its relationship with Medicare, or losing your current coverage. As with traditional insurance the rules and fees can change on an annual basis, as can a company s relationship with Medicare. If the insurance company decides not to work with Medicare you will need to switch coverage to a company that does. You may join Part C with a pre-existing condition (except end-stage renal failure). Generally, you must stay with the insurance provider for a full calendar year unless you move out of your plan s coverage area or your circumstances change such as moving to a nursing home or qualifying for Medicaid benefits. 2012 Edition 25

2 Medicare You can switch to a five-star Medicare Advantage Plan any time throughout the year. Rating systems are based on member satisfaction surveys, plans, and performance. There may be a penalty if you don t sign up when you are first eligible for a prescription plan. If your coverage lapses more than 62 days, you may have to pay a penalty equal to 1% of the national base beneficiary premiums multiplied by the number of months you were without coverage. This penalty is added to your monthly premium. 2-4 Benefits Covered by Medicare Part A Part A covers hospital services, which Medicare considers reasonable and medically necessary. These can include: Inpatient Care in Hospitals Coverage includes semi-private rooms, meals, general nursing, and drugs as part of your inpatient treatment, including acute care. To be medically necessary: A doctor must confirm you need inpatient hospital care for treatment of your illness or injury and the utilization review committee or a quality improvement organization must not disapprove; You require care that can only be administered in a hospital. You must be admitted to a hospital participating in the Medicare program. Staying overnight does not guarantee you are admitted to the hospital. Always ask if you are receiving inpatient or outpatient services (or are being held for observation) because it affects your payment and whether you will qualify for skilled nursing care after your stay. 26 Legal Issues for Older Adults

Section 2-4 Benefits Covered by Medicare Inpatient Care in a Skilled Nursing Facility Coverage includes semi-private rooms, meals, skilled nursing and rehabilitation services, and medically necessary supplies. 2 Requires a medically-necessary inpatient hospital stay for a related illness or injury. You must have been admitted to the hospital for three days, not including the day you were discharged. Requires your doctor to certify you need daily skilled care. Does NOT include long-term care or custodial care. Hospice Care Services Coverage includes drugs for pain and symptom management, medical and nursing services, durable medical equipment, and spiritual and grief counseling. Coverage can also include respite care for up to five days but does not generally include long term care. Requires that a doctor certify you are terminally ill with six months or less to live. Care must be provided by a Medicare-approved hospice provider. Home Health Services Coverage includes medically necessary part time or intermittent skilled nursing care or therapy (speech, physical, occupational). Requires an order by a Medicare enrolled doctor after face-to-face evaluation. Care must be provided by a Medicare certified Home Health provider. Does NOT include home care or companion care services. 2012 Edition 27

2 Medicare Inpatient care in a Religious Nonmedical Health Care Institution Coverage includes inpatient services and home health services, and durable medical equipment. Requires nonmedical care to be furnished under established religious tenets that prohibit conventional or unconventional medical care for the treatment of illnesses. Does not include religious services or payment to the religious practitioner. www.medicare.gov 1-800-MEDICARE Visit www.medicare.gov or call 1-800-MEDICARE to find out your portion of the costs associated with each of the above. There may be copayments and costs you are responsible for. Part B Services covered under Medicare Part B include: A Welcome to Medicare physical examination (in the first 12 months) and yearly wellness visits. Periodic screening for diabetes, cardiovascular, colorectal, prostate cancer, breast and gynecological, glaucoma, and requested HIV. Flu and pneumococcal vaccines. Hepatitis B vaccine for people at high risk. Diabetes supplies, self-management training and foot care for people with diabetes. Supplies, education, and screening for people with diabetes risk factors. Outpatient mental health care. Prescription drugs are limited to injections in a doctor s office and some oral cancer drugs. Physicians services. 28 Legal Issues for Older Adults

Section 2-4 Benefits Covered by Medicare Some hospital outpatient services and supplies (such as diagnostic tests, x-rays, and radiation treatment). 2 Ambulance ride to hospital or skilled nursing facility when transportation in another type of vehicle would endanger your health. Emergency department services and urgent care. Outpatient chemotherapy. Rental or purchase of durable medical equipment (such as oxygen supplies, wheelchairs, and walkers) if purchased or rented from a Medicare approved supplier. Outpatient physical therapy, occupational therapy, and speech pathology. Surgical dressings, splints, and casts. Transplants and immunosuppressive drugs. Limited chiropractic adjustments. Smoking cessation services for people with an illness from smoking. Prosthetic devices. Certain home health services. For the services listed above, Medicare pays all or some of the costs depending on the type of service. Generally you have to pay deductibles, coinsurance, and copayments. You can go to www.medicare.gov/coverage for more details about each of the above items or call 1-800-MEDICARE. Part A and Part B DO NOT cover routine dental care, dentures, cosmetic surgery, acupuncture, hearing aids, private hospital rooms, most in-home care, personal comfort items, most long term care, and health care received outside of the United States. www.medicare. gov/coverage 1-800-MEDICARE 2012 Edition 29

2 Medicare Part C Medicare Advantage Part C is a combination of Part A and Part B (original Medicare) that is offered by private companies approved by Medicare. They cover all the services of original Medicare, other than hospice care, which is covered by original Medicare even if you have Part C. Private companies may offer additional services not covered by original Medicare and may have different deductibles and copayments. They also have different service eligibility guidelines. Generally, you pay monthly premiums. Part D Medicare Prescription Drug Coverage Prescription plans are available to anyone who has original Medicare (A and B) or an Advantage Plan (C). The cost for the plan and the plan s coverage vary. They must cover all commercially-available vaccines not covered under Part B. Also included is a Medication Therapy Management program for those with complex health needs to help ensure medications are working and used safely. There is a monthly premium (fee), the cost of which varies depending on the policy and your income. In addition, there may be copayments and an annual deductible (amount you must pay out of pocket before insurance begins to pay). Most plans have a gap in coverage once you have spent a certain amount on prescription drugs; this is often referred to as the donut hole. While you are in the donut hole, you are responsible for the cost of your prescription drugs until you hit catastrophic coverage (up to $4,700 in 2012). Once you hit catastrophic coverage, Medicare will begin covering your covered prescriptions again. The donut hole is expected to close by 2020. Currently all brand name drugs covered by Medicare will receive a 50% discount from the drug companies while a person is in the donut hole. Generic drugs have historically not been covered. Starting in 2012, Medicare will pay for 14% of the price and dispensing fee for generic drugs while you are in the donut hole. The table below outlines the current plan to close this coverage gap by 2020. 30 Legal Issues for Older Adults

Table 2.1 Year % you are responsible for. Brand Name Drugs in Gap Section 2-4 Benefits Covered by Medicare % you are responsible for. Generic Drugs in Gap 2 2012 50% 86% 2013 47.5% 79% 2014 47.5% 72% 2015 45% 65% 2016 45% 58% 2017 40% 51% 2018 35% 44% 2019 30% 37% 2020 25% 25% Your deductibles, coinsurance, and copayments or the discounts paid by drug companies on name brand drugs, dispensing fees, and your out of pocket cost for covered generic and name brand drugs all go toward this gap. Additional gap insurance is available. Generally the gap insurance has a higher monthly premium. Enrolling in the right prescription plan can be quite complicated. Get help from a Senior Health Insurance Benefits Assistance (SHIBA) volunteer in your community before deciding on a plan. (See 14, Resources for contact information.) See 14, Resources, for SHIBA contact information. 2012 Edition 31

2 Medicare 2-5 Medicare s Basic Payment Policies Like private insurance policies, Parts A and B have deductibles you must pay before Medicare pays. Parts A and B also have co-insurance payments for most services. You are responsible for paying the deductible and making the co-payments to the health care provider unless you have a Medicare supplemental insurance policy ( Medigap coverage) that covers these costs or you belong to a health maintenance organization (HMO). Part A Hospital Coverage Your benefit period begins the day you are admitted to the hospital and ends 60 days after your treatment in the hospital or skilled nursing facility ends. A new benefit period will begin if you enter the hospital after the 60 day period. You are responsible for payments throughout the benefit period but the amount you are responsible for varies depending on the number of days you are in the hospital. You are responsible for the deductible and daily expenses as follows: In the first 60 days, you are responsible for the deductible (in 2012 this amount is $1,156) and Medicare pays the remaining covered expenses. Days 61 90, you are responsible for a daily amount (in 2012 this is equal to $289 each day) and Medicare pays the remaining covered expenses. Days 91 150*, you are responsible for a daily amount (in 2012 this is equal to $578 each day) and Medicare pays the remaining covered expenses. After 150, you are responsible for all expenses. * You have limited lifetime reserve days that give you an extra 60 days of inpatient coverage when you are in a hospital for more than 90 days. These 60 reserve days can be used only once during your lifetime. 32 Legal Issues for Older Adults

Section 2-5 Medicare s Basic Payment Policies Medicare has developed a system of diagnosis related groups (DRGs) that determine how much the hospital is paid. Medicare bases its payment to the hospital on the average length of stay for a patient with your diagnosis, not the actual number of days you spend in the hospital. 2 Skilled Nursing Care Medicare pays for the first 20 days of covered skilled nursing care under certain circumstances. To be covered, you must meet the following: Have qualified days left in your benefit; Been admitted as an inpatient to a hospital for three consecutive days, not including the day you leave the hospital; and Go to a Medicare certified nursing home within 30 days of your hospital discharge and your doctor certifies you require skilled services. Day 21 to 100, Medicare will pay a certain amount, while you pay the remaining balance ($144.50 per day in 2012). After 100 days, you pay the full amount for services. Hospice Care Medicare covers most of the costs for hospice care. It also covers respite care for up to five days each time you receive respite care. You must pay up to $5 per prescription for drugs and all of the costs associated with room and board other than respite care. Home Health Visits Part A pays for the full approved cost of home health visits by a licensed home health agency that follows a treatment plan prepared by a physician. It covers skilled nursing care and certain other health care services only; companion, housekeeping and other in home services are not included. To qualify, you must: Be homebound; and Must need the skilled services only periodically (not every day). If you meet the Medicare requirements, there is no deductible, no co-payment, and no limit on the number of visits. 2012 Edition 33

2 Medicare Part B You are responsible for your monthly premiums (between $99.90 and $319.70, depending on your income level) and the annual deductible ($140 in 2012) before Medicare begins to pay. Medicare then pays 80 percent of the approved charge for covered services from a medical provider that has agreed to accept Medicare amounts as full payment for services rendered (known as assignment). If you receive service from a medical provider that is non-participating, you pay 20 percent of the Medicare approved charge, plus the difference between the approved charge and the actual bill, up to 15 percent of the approved charge. For example (non-participating): Provider s charge $100 Medicare approved charge $ 90 Medicare pays 80% of the approved charge $ 72 You are responsible for: The remainder of approved charge $ 18 Plus the difference between the approved charge and provider charge: $ 10 Your total responsibility: $ 28 If the doctor accepts assignment, he or she has agreed to accept the amount of the Medicare approved charge as full payment. This often decreases the total you have to pay. For example (participating): Provider s charge $100 Medicare approved charge $90 Medicare pays 80% $72 You are responsible for: The remainder of approved charge $18 Your total responsibility $18 You do not pay the $10 difference between $90 and the actual bill $0 Your total payment $18 34 Legal Issues for Older Adults

Section 2-6 Medicare Claims Medicare will not pay for services performed by a health care provider who does not accept Medicare. If you sign a private contract with your health care provider you will be responsible for the full amount charged. You don t have to sign these contracts and can opt for health care by a Medicare certified health care provider. Visit www.medicare.gov to search for Medicare approved health care providers. Oregon helps pay the monthly Part B premium for some lower-income people, 2 www.medicare.gov known as Qualifying Medicare Beneficiaries. To qualify, a person must have Part A coverage and monthly income at 100 percent of the federal poverty level. In 2012 that amount equals $907.50 per month for one person and $1,225.83 per month for a couple. For anyone at 120 percent of the federal poverty level and a specified number of people between 120 and 135 percent, the state will pay for Medicare Part B Premiums. Oregon s Area Agency on Aging and Seniors and People with Disabilities offices have information on this program. (See 14, Resources.) Your assets must not exceed $4000 per individual or $6000 per couple, not including your home, car, and burial plan (up to $1,500). 1-800-MEDICARE See 14, Resources, for AAA contact information. 2-6 Medicare Claims Under Medicare Part A, you do not have to file claims or submit bills from hospitals, skilled nursing facilities, or home health agencies. These providers bill Medicare directly for services. You will receive statements detailing the benefits used, amount Medicare has paid, deductible, and co-payments. Request an itemized bill of services from your provider to ensure all charges are correct. Providers also bill Medicare directly for services under Part B. If the provider accepted assignment, they will receive payment directly from Medicare. If the provider did not accept assignment, you will receive the payment from Medicare and be responsible for paying the provider s bill. You will receive an Explanation of Medicare Benefits form or Medicare Summary Notice form 2012 Edition 35

2 Medicare showing whether the claim was approved or denied, whether the provider accepted assignment, the Medicare approved charge, the amount of Medicare payments, and any deductible and co-payment amounts. Unless you have a Medicare supplement insurance policy or belong to a health maintenance organization (HMO), you pay deductible amounts, plus any co-payments, directly to the provider. If Medicare denies your claim, you have the right to appeal. 2-7 Medicare Denials & Appeals You can appeal any Medicare denial of service, supply, or prescription; a denial of payment for services received; a notice of discharge from the hospital or skilled nursing facility; and amount you pay for a prescription. Part A & B There are five levels of appeals: redetermination; reconsideration; review by Administrative Law Judge; Medicare Appeals Council; and judicial review in U.S. District Court. Always keep copies of anything you send to Medicare in addition to all the statements, letters, and decisions from Medicare. If Medicare denies a claim for payment under Part A or Part B, the Medicare Summary Notice will include your appeal rights. Redetermination: You have 120 days from the date you receive the denial notice to ask for an informal review of the decision. Medicare then has 60 days to provide a decision. Request must be in writing, following the instructions on the back of your Medicare Summary Notice. You may also file a Redetermination Request Form. Reconsideration: You have 180 days from the date you receive the redetermination decision to ask for a reconsideration. If you disagree with the result at this level, and if your claim involves at least $120, you can 36 Legal Issues for Older Adults

Section 2-7 Medicare Denials & Appeals seek a hearing in front of a Center for Medicare & Medicaid Services (CMS) Administrative Law Judge within 60 days from the decision. You can obtain the form used to request a hearing from your local Social Security office or the CMS Internet site. (See 14, Resources.) You have 60 days to appeal the judicial decision; it is recommended that you obtain legal counsel at this point. One final appeal is available to the U.S. District Court. The hospital or skilled nursing facility should provide written notice of noncoverage, which explains how to appeal the decision. If you do not receive written notice, ask for it or call Acumentra Health (Oregon s Medical Professional Review Organization) at 503-279-0100 and ask for an immediate review. You are entitled to an expedited review. Part C Medicare Advantage Plans If you are enrolled in a Medicare Advantage Plan, you have the right to appeal decisions that deny coverage or access to services. Each plan has specific rules for appealing decisions. They must meet minimum federal requirements including allowing you 60 days from the date you get a written notice from the plan to file an appeal. If you do not get a written notice, you can still ask for reconsideration. If they continue to deny coverage or deny your access to services, the denial will automatically forward to an independent review entity. 2 See 14, Resources, for local social security office locations and contact information. Part D Medicare Prescription Drug Coverage You can petition for a non-covered prescription drug or to have a denial of prescriptions reviewed. This can be done by phone or in writing. If you are requesting an exception to the standard drug coverage, your doctor or prescriber must include a written statement as to the medical reason it should be approved. Your plan must notify you of its decision within 24 hours for expedited appeals and 72 hours for standard appeals. If you disagree with your plan s decision, request an independent review of your case. The process is similar to Part A and B appeals. 2012 Edition 37

2 Medicare 2-8 Supplemental Health Insurance Medigap Since Medicare does not pay all of your health care expenses, private insurance companies sell insurance to supplement or fill in the Medicare gap. These policies are known as Medicare Supplement Insurance or Medigap Insurance. Medigap helps pay for copayments, coinsurance, and deductibles. Medicare will pay its share of the Medicare-approved amounts for covered health care costs before the Medigap policy pays its share. A Medigap policy should be purchased within six months of your 65th birthday and your enrollment in Part B. Insurance companies cannot refuse an applicant for Medigap policies provided the person applies for coverage within six months of enrolling in Medicare Part B. Oregon law does have certain minimum requirements for Medigap insurance. For example, with minor exceptions, Medigap policies cannot exclude coverage by type of illness, accident, treatment, or medical condition. These policies cannot limit or reduce coverage for pre-existing diseases or physical conditions. If you have a claim for losses caused by an existing medical condition prior to purchasing your policy, Medigap cannot deny a covered claim that you make six or more months after you purchased the policy. The Medigap provider cannot end your coverage because of deteriorating health. It will end for a lapse in payment. Medigap policies cannot duplicate Medicare coverage. Note: neither Medicare nor the government sells or endorses any particular Medigap insurance. 38 Legal Issues for Older Adults

Section 2-8 Supplemental Health Insurance Medigap Purchasing Medigap Insurance or Joining an HMO: There are a number of plans offered. These plans are typically expensive. Shop carefully before you buy. Policies and plans differ in coverage and cost, and companies differ in service. 2 When shopping: Learn what Medicare does and does not cover. Know your insurance needs before you talk to an agent. Contact your local Social Security office for information. Compare policies and plans. Decide whether you want to buy an insurance policy or join an HMO. Do not duplicate coverage; one good Medigap insurance policy or HMO plan is enough. It is illegal for anyone to sell you a Medigap plan if you are enrolled in an Advantage Plan. Find more info on Medicgap at: www.medicare. gov/medigap Talk to your friends and peers about their policies and plans before you buy. They can give you excellent information. Take someone with you when you meet your agent. Make sure you understand any limits or restrictions. Review written materials about the policy or plan. Don t pick an insurance company based solely on a spokesperson. Doubt an agent who says you must buy today or risk penalty. Be careful when replacing existing policies or switch plans, as the new plan may have a waiting period before you can use it for existing health problems. You may not save much by buying insurance from unknown or distant companies and agents. You will usually have to deal with more inconvenience when correcting problems and misunderstandings. A 30-day free look period allows you to cancel the policy for a full refund. Medigap will not pay deductibles, premiums, or coinsurance for Medicare Advantage Plans. For more information visit: www.medicare.gov/medigap. 2012 Edition 39

2 See 3 for more information on the Oregon Health Plan. Medicare The Oregon Health Plan / Medicaid People with limited income and assets may qualify for the Oregon Health Plan (the state s Medicaid program) whether they have Medicare coverage or not. Medicaid can pay for prescription drugs, limited dental care, and other services in addition to doctor and hospital services. (See 3 for more information on the Oregon Health Plan.) Help in Making Medicare Health Plan Decisions Oregon s Senior Health Insurance Benefits Assistance program (SHIBA) can See 14 Resources, for contact information. provide you with information and counseling by trained volunteers to help you come to an informed decision about your choices for health insurance in general and Medicare in particular. (See 14, Resources, for contact information.) 40 Legal Issues for Older Adults

Medicaid Medicaid is a joint federal and state program that helps pay health care costs for people with low incomes and limited assets. Medicaid covers many products and services, including long term care. People who have Medicare coverage may also qualify for Medicaid. When they do, Medicaid may pay for the Medicare premiums, deductibles, co-payments, and health care not covered by Medicare. 3 In This Section 3-1 Medicaid Eligibility Section 3-2 How to Apply Section 3-3 Services Covered Section 3-4 Payment for Services Section 3-5 Estate Recovery Section 3-6 Medicaid Denials and Appeals Section 3-7 Managed Care Issues 41

3 Medicaid 3-1 Medicaid Eligibility In Oregon the Medicaid program is known as The Oregon Health Plan. To qualify for The Oregon Health Plan for long term care, you must meet all three of the following criteria: 1. You must need help with a certain number of Activities of Daily Living; 2. Your assets must not exceed $2,000 for one person and $3,000 for a couple; and 3. Your income must be equal to or less than 300% of SSI for an individual (in 2012 300% SSI equaled $2,094 per month). Activities of Daily Living (ADL) measure a person s daily functional ability. Basic ADLs include: bathing, feeding, going to the restroom, dressing, grooming, and taking medications. Mobility ADLs include being able to get out of the house on your own, to travel, and being able to walk and to get into and out of a chair without assistance. Instrumental ADLs include cooking, shopping, housework, and transportation. Each person is placed in a service priority level 1 17 which helps determine Medicaid eligibility. Assets include cash, bank accounts, IRAs, investments, real property (excluding up to $500,000 equity in your residence), additional vehicles, the cash surrender value of life insurance policies, and other assets that can be utilized for your care. Assets that are exempt include your home (if you or your spouse lives there and only up to the $500,000 in equity), one vehicle, medical equipment, household items, and an irrevocable prepaid funeral or burial plan (up to $1,500 in value). Income must be less than three times the SSI standard ($2,094 for one person in 2012) to qualify for Medicaid assistance. If you are facing long term care bills and think you have too many assets to qualify for Medicaid, do not give your assets away. If you or your spouse gives 42 Legal Issues for Older Adults

Section 3-1 Medicaid Eligibility assets away, you will not be eligible for Medicaid for up to five years after you otherwise would be eligible. The amount of time you will be ineligible is based on the value of what was given away. Certain transfers are permitted. 3 Speak with an elder law attorney or an attorney who has experience in this area. You may be able to keep some of the assets, or use them in a way that will benefit you and your spouse. A person whose income is over the Medicaid limit may still be able to qualify for Medicaid by creating a Medicaid Income Cap Trust. This is a special trust allowable under Oregon law. Spousal Impoverishment Medicaid allows the spouse who does not need care to keep a share of the couple s income and assets. The well spouse can keep their own income. They may also be able to retain a portion of the Medicaid recipient s income in the amount that will bring the well spouse s income up to 150% of the Federal Poverty Level ($1,839 per month in 2012). The well spouse can also keep the greater of $21,912 or one-half of the total countable assets, up to $109,560. Example 1: Their assets total $200,000; the well spouse can keep up to $100,000. Example 2: Their assets total $20,000; the well spouse can keep all $20,000. Example 3: Their assets total $300,000; the well spouse can keep $109,560 because they reached the maximum allowable amount of $219,120. If these amounts are not sufficient to cover the well spouse s expenses, an attorney can explain the options that are available to increase the amount of assets, income, or both. 2012 Edition 43

3 Medicaid 3-2 How to Apply You can apply for Medicaid through a local Area Agency on Aging office. (See 14, Resources, for locations and telephone numbers.) See 14, Resources, for a list of AAA locations and telephone numbers. Medical application: https://apps. state.or.us/mbs/ landing.jspx The eligibility worker at these locations can help you complete the application but is not able to advise you on what steps you (or your spouse) can take to avoid having the well spouse become impoverished. An application is also available on the Internet at https://apps.state.or.us/mbs/landing.jspx. 3-3 Services Covered Medicaid covers a broad range of services including hospital, physician, medical supplies, and long term care. Long term care must be provided in an adult care home, assisted living facility, or skilled nursing facility that has a current contract with Medicaid. Medicaid does not cover retirement or independent communities. Medicare and other insurance is the first payor on items they cover; Medicaid is secondary. 3-4 Payment for Services Medicaid pays the health care provider or managed care plan directly. There are no claim forms to complete. If you have Medicaid, you should tell the doctor or other health care provider before you receive treatment or other items or services. You may need to get a referral from your primary physician or prior authorization from your managed care plan. Health care providers are not allowed to charge you additional amounts for services covered by Medicaid. People who are not eligible for SSI and who are not receiving long term care may be eligible for coverage under the Oregon Health Plan by paying monthly premiums and modest co-payments. The availability of this program changes with the State of Oregon s health care budget. 44 Legal Issues for Older Adults

Section 3-6 Medicaid Denials & Appeals People who are receiving long term care services will have to pay some or most of their income toward the cost of their care. The amount that each person pays depends on the setting in which the care is being provided, whether the person is single or married, and a number of other factors. 3 3-5 Estate Recovery The state of Oregon will seek reimbursement from a Medicaid recipient for costs spent on his or her behalf. There are limits on what the state can do and when it can do it. For example, the state cannot collect while the Medicaid recipient is alive, has a surviving spouse, or a minor or disabled child living in the family home. After the Medicaid recipient s spouse passes away, the state can make a claim against their estate to collect whatever it could have collected from the Medicaid recipient s estate. Oregon does not place a lien on the person s home or other real property. If you have questions about how estate recovery will affect your property, or if you have received a Medicaid claim from the state, contact an attorney for advice. 3-6 Medicaid Denials & Appeals You will receive a written notice from the Area Agency on Aging office if your application for Medicaid assistance is denied or if your current benefits are being reduced or terminated. The notice will include a reason for the action, which administrative rules are involved, and explain how to request a hearing. The hearings are held by administrative law judges who work for the state. The hearing may be in person, at the local office, or by telephone. You may want to have an attorney represent you at the hearing and may be able to get representation through a legal aid office near you. (See 14, Resources, for a list of locations and telephone numbers.) See 14, Resources, for a list of legal aid office locations and telephone numbers. 2012 Edition 45

3 Medicaid 3-7 Managed Care Issues Each HMO or managed care organization that serves Medicaid recipients has an Exceptional Needs Care Coordinator (ENCC). The role of the ENCC is to assist people who are having difficulty obtaining the care they need through the managed care system. If you are having problems, ask your primary See 14, Resources, for a list of legal aid office locations and telephone numbers. physician to help. If your primary physician is the problem, ask to change to another primary physician or contact the ENCC. If the problems continue, you may want to change to a different HMO. You may also be able to obtain information and advice from a legal aid office. (See 14, Resources, for a list of locations and telephone numbers.) 46 Legal Issues for Older Adults

Veterans Benefits 4 Veterans of the United States armed services may be eligible for some or all of the benefits outlined in this chapter. For additional information or a list of benefits not covered in this chapter visit www.va.gov or one of the veterans' service organizations listed in the 14. In This Section 4-1 Veteran Health Care Benefits Section 4-2 Service-Connected Disability Pension Section 4-3 Non-Service Connected Pension Section 4-4 Additional Benefits Section 4-5 How to Apply 47

4 Veterans Benefits 4-1 Veteran Health Care Benefits To qualify for health care benefits, you must have served in the active military, naval or air service (reservists and National Guard members also qualify if called to active duty for non-training purposes and completed the order). VA Form 10-10EZ Application for Health Benefits www.1010ez. med.va.gov 1-877-222-8387 If you enlisted after September 7, 1980 or entered active duty after October 16, 1981, you must have served 24 continuous months or the full period called to active duty. In addition, you must have been discharged or released under conditions other than dishonorable. To apply for health care benefits, complete VA Form 10-10EZ Application for Health Benefits. This form may be obtained from any VA health care facility, regional benefits office, or on the Internet at www.1010ez.med.va.gov, or by calling 1-877-222-8387. Once enrolled, you are assigned to a priority group which will help determine your eligibility. The priority groups are currently set at 1 8. 4-2 Service-Connected Disability Compensation You are eligible for service-connected disability compensation benefits if you are disabled because of an injury or disease that began or worsened during your military service. Disabilities are rated according to severity from 10 percent to 100 percent disabling. The higher rated your disability percentage is, the more compensation you will be eligible for. If you are rated at 30 percent or more disabled, you can also receive money for eligible dependents. 48 Legal Issues for Older Adults

table 4.1. Section 4-3 Non-Service Connected Disability Pension Service connected compensation benefits based on Percent Disabled and Dependent Status 4 Dependent Status 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Veteran Alone $127 $251 $389 $560 $797 $1009 $1,272 $1,478 $1,661 $2,769 Veteran with Spouse Only Veteran with Child Only Veteran with Spouse & Child $435 $622 $874 $1102 $1,380 $1,602 $1,800 $2,924 $420 $601 $849 $1071 $1,344 $1,561 $1,754 $2,873 $469 $667 $931 $1169 $1,459 $1,692 $1,902 $3,037 4-3 Non-Service Connected Disability Pension Non-Service Connected Disability Pensions are available to veterans who meet the following requirements: 1. You were discharged from service other than dishonorably; and 2. You served 90 days or more, one day of which was during a time of war (does not apply to veterans with a service-connected disability justifying discharge from the military); and a. Anyone who enlists after September 7, 1980, generally must have served at least 24 months or the full period called or ordered to active duty. 3. You are permanently and totally disabled or over age 65; and As of January 2012 2012 Edition 49

4 Veterans Benefits 4. Your countable family income is within certain limits (See Table 4.2) a. Income includes: 1. Earnings; 2. Disability and retirement payments; 3. Interest and dividends; and 4. Net income from farming or business. b. Income exclusions and deductions include: 1. Public assistance; 2. A portion of unreimbursed medical expenses; and 3. Educational expenses. The VA pays the difference between your countable family income and the yearly income limit based on the number of your dependents. The annual benefit amount is then divided into 12 monthly payments. See Table 4.2 for maximum countable income. For example, John is a qualifying veteran for a non-service connected disability pension. His countable family income is $800 per month and he is married with no minor children. Referring to Table 4.2, he qualifies for an additional $537.58. ($800 x 12= $9,600. Subtract $9,600 from his $16,051 (the maximum income for a veteran with one dependent) leaving $6,451. ) (Divide $6,451 into twelve monthly payments to determine his monthly benefit of $537.58.) Non-service connected pension and the service-connected pension are not simultaneously collectible. If you are awarded both pensions, the VA will pay the higher amount. 50 Legal Issues for Older Adults

Enhanced Pension Benefits Section 4-3 Non-Service Connected Disability Pension If you are homebound or living in a care facility, you may be entitled to a higher benefit through the Aid and Attendance or Housebound enhanced benefit programs. Both enhanced benefits are paid in addition to your pension benefits. 4 To qualify for Housebound Enhanced Benefit: 1. You must qualify for the pension benefit and 2. Meet one of the following criteria: a. Have a single permanent disability evaluated as 100-percent disabling and due to such disability, you are permanently and substantially confined to your immediate premises; or b. Have a single permanent disability evaluated as 100-percent disabling and another disability, or disabilities, evaluated as 60 percent or more disabling. To qualify for the Aid and Attendance Enhanced Benefit: 1. You must qualify for the pension benefit and 2. You must meet one of the following: a. Require help with your Activities of Daily Living or protection from the hazards of your daily environment; b. Be bedridden apart from any prescribed course of convalescence or treatment; c. Be a patient in a long term care setting due to mental or physical incapacity; or d. Be blind, or so nearly blind as to have corrected visual acuity of 5/200 or less in both eyes or concentric contraction of the visual field to 5 degrees or less. 2012 Edition 51

4 Veterans Benefits Table 4.2 Maximum Income to Qualify for Non-Combat Related Pension Benefits Veteran s Status Maximum Annual Income Without spouse or child $12,256 With one dependent $16,051 Housebound without dependents $14,978 Housebound with one dependent $18,773 Aid & Attendance without dependents $20,447 Aid & Attendance with one dependent $24,239 Two veterans married to each other $16,051 Add for early war veteran (Mexican Border Period or WW1) to any category above $2,783 Add for each additional child to any category above $2,093 Table 4.3 2012 Maximum Benefits for Non-Combat Related Pension Benefits Veteran s Status Maximum Annual Benefit Veteran only no dependents $11,830 Veteran with one dependent $15,493 Veteran qualified for housebound no dependents $14,457 Veteran qualified for housebound with one dependent $18,120 Veteran qualified for aid and attendance no dependents $19,736 Veteran qualified for aid and attendance one dependent $23,396 Two veterans married to one another $15,493 For each additional child add $2,020 52 Legal Issues for Older Adults

Dependents Section 4-5 How to Apply If you receive monthly VA disability benefits, your spouse and dependent children may receive an additional monthly benefit. Surviving dependents also may be eligible for VA benefits. 4 4-4 Additional Benefits The following VA benefits are also available for qualifying veterans: 1. Free or reduced-cost inpatient and outpatient care at VA facilities; 2. Death benefits for survivors of a disabled veteran; 3. Prosthetic appliances, aids, and services for the blind; 4. Reimbursement for burial expenses, burial flags, burial in national cemeteries, and headstones or grave markers; 5. Loan guaranty (the VA will essentially co-sign a qualifying veteran s loan); 6. Education and training; 7. Free counseling at any of Oregon s veterans centers; and 8. Health insurance. Note: It is not a good idea to decline Medicare hospital and medical coverage, even if you have VA health insurance coverage. You may also want to consider a Medicare prescription drug plan. Speak with an Oregon Senior Health Insurance Benefits Assistance (SHIBA) representative. (See 14, Resources.) See 14, Resources, for the SHIBA telephone number. 4-5 How to Apply To apply for VA benefits, contact the Veterans Affairs regional office nearest you. For additional help, call the State of Oregon Department of Veterans Affairs (at 503-373-2085), a local Veteran s Service Organization, or the federal Veterans Affairs office (1-800-827-1000). You also can apply online (www.va.gov). 2012 Edition 53

4 Veterans Benefits Your Right to Appeal If you are denied VA benefits, you have one year from the date you were notified to request a hearing. The initial hearing is at the local VA office. If your claim is denied after the hearing, you can appeal to the Board of Veterans Appeals. You can have someone represent you at the hearing and on appeal. 54 Legal Issues for Older Adults

Long Term Care It is estimated that approximately 70 percent of persons age 65 and older will need some form of long-term care at some point in their life. Long term care can occur in a person s home, in community based care, or a combination of both. Services are available for people who opt to stay in their home including In-Home Care and Adult Day Centers. The following information is a brief summary of the services offered in Oregon. 5 In This Section 5-1 Living Options Section 5-2 Choosing a Senior Housing Community Section 5-3 The Resident s Bill of Rights Section 5-4 Paying for Long Term Care Section 5-5 Complaints 55

5 Long Term Care 5-1 Living Options Oregon has a unique range of residential communities for older adults who need help with activities of daily living or have medical concerns. Continuing care retirement communities, assisted living facilities, residential care facilities, adult foster care homes, and nursing facilities are options available to Oregonians who are considering relocating to a place they can receive help with their daily activities. Each community offers a different range of services. In-Home Care In-home Care and home health agencies provide assistance in your own home or other setting. The goal of in-home care is to provide enough help to allow you to stay in your current living situation. Services can include chores such as housekeeping and yard maintenance; personal care such as dressing, showering; and medication reminders. Home health is for rehabilitation services ordered by a medical provider. See 2, Medicare, for more information. It includes skilled care such as nurses, therapists, and health care providers. The length of service can be long term or on an as-needed basis for a short period of time. Medicare can pay for some home health visits and physical therapy under certain very limited conditions. Oregon Project Independence (OPI) can provide assistance to impaired seniors with daily activities, such as shopping, bathing, and housecleaning. Services such as Meals on Wheels can help you stay in your home longer. Adult day care is also available for people who need assistance and socialization during the day. 56 Legal Issues for Older Adults

Section 5-1 Living Options Continuing Care Retirement Community (CCRC) A CCRC provides a continuum of care from retirement through skilled nursing services on a single campus. There are about 15 of these communities throughout Oregon. There is an entrance fee and monthly fees. Generally there are income and asset requirements. 5 Prospective residents must be provided information about how to cancel a contract and a copy of the community s last audited financial statement. If you sign a contract to live there, the community must provide you with a description of the services it offers and the fees required. Ask the following questions if you want to find out more about this type of community: 1. Are entrance fees refundable? 2. How does the community handle transfers to assisted or nursing care? 3. Is a transfer decision made by the staff only, or do I, my physician and my family control it? 4. How many nursing home beds are available? 5. What happens if no bed is available when I need it? 6. Are there memory care units available? 7. What happens if my spouse and I need different levels of care? 8. Can the community increase the monthly fees? 9. Am I required to have health insurance, and if so, would I be paying double? 10. What happens if I outlive my savings? 2012 Edition 57

5 Long Term Care Assisted Living Facility An Assisted Living Facility is licensed by the state and offers: Room and board in private apartments; Kitchenette; Housekeeping services; Medication and behavior management; 24-hour staff; Organized activities; and Help, if it is needed, with dressing, bathing, and personal hygiene. Residential Care Facility A Residential Care Facility is a state-licensed community serving six or more residents. It is similar to an Assisted Living Facility except the licensing does not require each apartment have private bathrooms or kitchenettes. Retirement Community A Retirement Community is a setting specifically for people age 55 and older. These communities are not licensed and do not provide care to residents. These communities do provide: Room and board; Some offer meals or add meal programs or full service restaurant options; Organized activities; Security; and Limited housekeeping. 58 Legal Issues for Older Adults

Adult Care Home Section 5-1 Living Options Adult Care Homes are a living option with a smaller, homelike setting, often with a family, for five or fewer residents. There are three levels of Adult Care Homes in Oregon. The scope of care the Adult Care Home can provide is dependent on its level of care ("level three" homes can provide heavier care). The home may provide: 5 Room and board; Medication management; Help with dressing, bathing and personal hygiene; Some nursing care; and Activities. Memory Care Community Communities that provide care to individuals with Alzheimer s or dementia are governed by additional regulations to ensure they provide appropriate care to their residents. These communities offer apartment style housing with a secure building and secure outdoor area. Some have alarms in addition to codes for entering and exiting the building. Rooms can be shared or private. In addition to the security of the building, Alzheimer s communities must provide programs to help residents with dementia including: Gross motor skills; Self care; Crafts and other appropriate activities. These units/communities are more expensive due to the extra care required for the residents. 2012 Edition 59

5 Long Term Care Nursing Facility A Nursing Facility may be called a nursing home, care center, convalescent center or rehabilitation facility. Nursing facilities may offer: Room and board; 24-hour nursing; Personal care; Administration of medications; Management of chronic medical problems; Organized activities; Social services; and Discharge planning. A nursing facility also offers daily medical evaluation and rehabilitation services by physical, speech, and occupational therapists. Generally, people stay in nursing facilities only for a limited time unless their care needs require 24 hour nursing care or they are not appropriate for another setting. 5-2 Choosing a Senior Community It is important that the person who will be moving to a long term care setting makes the final decision about living in a senior community. Often, particularly in the middle of a crisis, communities turn to the spouse or adult children to make the decisions out of convenience. Family members and friends can offer advice, but the prospective resident should make the decisions, unless he or she is incapacitated. 60 Legal Issues for Older Adults

Section 5-2 Choosing a SeniorCommunity Social workers, referral agencies, and the Area Agency on Aging/Seniors and People with Disabilities office (AAA/SPD) can give information about arrangements that may be appropriate for you. If you are hospitalized, a preadmission screening is available to you. This service can help you make the decision about where you want to live based upon your particular needs and desires. For instance, if you need daily skilled care by licensed nurses, then you might want to choose a nursing home. If you need help with reminders to turn off the stove burners and take your prescribed medications, an adult foster care home or assisted living facility may be appropriate. 5 When considering a specific living option, be sure the community and its administrator have current licenses as required by law. Consider whether you would get along with the people who live there. Inspect the home carefully. Make sure that they will provide the maximum opportunity for independence and mobility. Speak with the current residents about their lives. For example, ask about the quality of food, recreation, exercise, clubs, organizations, entertainment, and planned trips, as well as the freedom to have visitors and personal possessions such as furniture, bedspreads and curtains of your choice. Mealtimes are a good time to speak with current residents. Check on policies about visiting hours and phone calls (generally you will have your own phone line in assisted living, residential care, and retirement settings). Also, make sure that your personal doctor can care for you at the community. Ask the facility for a copy of its policies and procedures. An attractive exterior could be hiding a place that provides inadequate care. On the other hand, a floor that does not shine may mean that the community is making a safer environment for those with vision problems. Make sure the community you choose meets your needs. Visits from friends and relatives are very important so choose a living option near them, your place of worship or area you would like to live. To help you choose, you can ask family, friends, senior housing referral agencies, and doctors to participate in the decision process. Make sure the community you choose meets your needs. 2012 Edition 61

5 Long Term Care Some Questions to Ask Consider asking the following questions. Note the answers, and learn the name and position of the staff members who answer your questions. See 14, Resources, for AAA information. 1. Is the community licensed? Is the license in danger of being revoked, suspended, or not renewed? (Independent Retirement Communities are not licensed but any community that provides care should be licensed). Ask the staff if you can see a recent inspection report. Check with the local AAA office and the state office of the Long Term Care Ombudsman, or senior housing referral agency for more information, such as possible abuse complaints from residents. (See 14, Resources.) 2. Do they have a contract with the state of Oregon to accept Medicaid? You may want to consider this even if Medicaid is only a distant option. Medicaid contracts are optional for communities and current contracts do not guarantee they will accept Medicaid payments in the future but is a good indication that they will continue the current contract. 3. What levels of care are provided? 4. Are organized activities and religious services available? 5. What rehabilitation and physical therapy communities and staff are available? 6. Are there any visitation restrictions? 7. Do staff members receive regular training and attend educational programs? 8. Are meals planned by a registered dietician or chef? Are special diet requests available? 9. Does the community have adequate safety features? Look for smoke detectors, alarms, sprinklers, hand rails, grab bars, and wide doors. 62 Legal Issues for Older Adults

Section 5-2 Choosing a SeniorCommunity 10. What is the basic monthly rate, and what services does this rate include? How much do additional services cost? How often have the rates increased in the last five years? 5 11. Are any deposits required? (The community cannot require a deposit from Medicaid residents.) 12. Does the community use a particular pharmacy, and are the prices competitive with local pharmacy prices? 13. Does the community provide a safe place to keep valuables? Have there been any problems with theft? Senior community advocate organizations have helpful information for residents and their families. The Office of the Long Term Care Ombudsman and the Department of Human Services Facilities Licensing Office maintain a list of all of the communities in Oregon except retirement and independent living communities. Violations of state and federal laws are available to the public. Things to Observe Safety hazards, such as poor lighting, blocked fire doors, loose cords or torn carpets, etc; Cleanliness (check for dust, clean bathrooms, and deodorants used to cover up smells); Comforts such as flowers, art and seasonal decorations, working televisions and radios, pleasant public areas and accessible telephones; Involvement of residents; and The staff s attitude toward residents. Are residents treated with respect and dignity? How much privacy do residents have? 2012 Edition 63

5 Long Term Care 5-3 The Resident s Bill of Rights State and federal laws assure that each adult care community resident: Be treated as an adult with respect and dignity; Be informed of all resident rights and all house policies; Be encouraged and assisted to exercise constitutional and legal rights including the right to vote; Be informed of their medical condition and the right to consent or refuse treatment; Receive appropriate care and services and promptly; Be free from mental and physical abuse; Complete privacy when receiving treatment or personal care; Associate and communicate privately with any person of choice and send and receive personal mail unopened; Have access to and participate in activities of social, religious, and community groups; Have medical and personal information kept confidential; Keep and use reasonable amount of personal clothing and belongings, and to have a reasonable amount of private, secure storage space; Be free from chemical and physical restraints except as ordered by a physician or other qualified practitioner. Restraints are used only for medical reasons, to maximize a resident s physical functioning, and after other alternatives have been tried. Restraints are not used for discipline or convenience; Manage their own financial affairs unless legally restricted; 64 Legal Issues for Older Adults

Section 5-3 The Resident s Bill of Rights Be free from financial exploitation. The licensee must not charge or ask for application fees or non-refundable deposits or solicit, accept or receive money or property from a resident other than the amount agreed to for services; 5 Be provided with a written agreement regarding rates and services. The licensee must provide 30 days written notice before any change in the rates or ownership of the home; Not to be transferred or moved out of the community without 30 days written notice and an opportunity for a hearing. A licensee may transfer a resident only for medical reasons, or for the welfare of the resident or other residents, or for nonpayment; Be provided a safe and secure living environment; Be free of discrimination in regard to race, color, national origin, gender, sexual orientation, or religion; and Be able to offer suggestions or complaints without fear of retaliation. The bill of rights for a nursing facility resident: Be fully informed of all rules for resident conduct and responsibilities when the resident moves into the community; Be fully informed of services available in the community, related charges, charges not covered by Medicaid or the community s basic daily rate when the resident moves in; Be fully informed by a physician of his or her medical condition; Can participate in medical treatment planning; Can refuse to undergo any kind of medical treatment so long as the resident understands the consequences of refusing treatment; Can refuse to participate in experimental research; Is transferred or discharged only for medical reasons, the resident s best interests or non-payment; 2012 Edition 65

5 Long Term Care Is given reasonable advance notice for orderly transfer or discharge; Is encouraged to exercise all rights as a resident, voice grievances, and recommend changes in policies and services; Is free from restraint, interference, coercion, discrimination, or reprisal; Can manage personal financial affairs, or, if the community is handling the finances, be given a written report of financial transactions made on his or her behalf at least once a quarter or whenever the resident asks for a report; Is free from mental and physical abuse and from unnecessary chemical and physical restraint that are not prescribed by a doctor to treat symptoms; Is assured confidential treatment of personal and medical records, and may approve or refuse their release to any person outside the community (except if transferring to another health care institution); Is treated with consideration, respect, and full recognition of dignity and individuality, including privacy in treatment and care for personal needs; Is not required to perform services for the community that do not have therapeutic purposes in a plan of care; May communicate privately with persons of his or her choice and send or receive personal mail unopened; May keep personal clothing and possessions as space permits; If married, is assured privacy for visits by his or her spouse; and Is allowed to share a room with his or her spouse, if husband and wife are both residents in a community. 66 Legal Issues for Older Adults

Section 5-4 Paying for Long Term Care 5-4 Paying for Long Term Care 5 Planning ahead for long term care will provide more options and may help protect your assets. Many people will end up needing long term care but most don t plan until a life changing event occurs. The three main sources of funding for long term care are private funds, Medicaid, and long term care insurance. Medicare generally does not pay for long term care outside of 100 days of skilled nursing and some Home Health services. Certain veteran benefits may also be available for long term care. When searching for long term care first determine what the cost will be. The law requires long term care communities inform their residents of rates and services. See 3, Medicaid for more information. Get a copy of the admission agreement from a facility to review before signing as you may want to negotiate changes with the community. Life Insurance Accelerated Death Benefit Some life insurance policies offer an accelerated death payment which pays all or part of the policy s death benefit upon a terminal illness or permanent confinement. Review your policy or speak with your agent to see if your policy contains this clause or if one can be added to your current life insurance policy. Long Term Care Insurance Medicare and Medigap insurance do not cover the cost of long term care. Medicaid does cover all types of long term care. Long term care insurance is private insurance that can be purchased to cover the cost of nursing home care, home care, and other levels of service. Long term care policies are not standardized. There are a number of policies types and options; including riders, available in Oregon. Long term care policies are required to pay for covered services through a nursing home, See 2, Medicare, and 3, Medicaid, for more information. 2012 Edition 67

5 Long Term Care assisted living community, home care, and adult foster home. Policies generally begin to pay for long term care when a certified healthcare provider confirms: The policy holder needs substantial supervision because of a lowered cognitive state or Section 4 The policy holder needs help with two or more Activities of Daily Living. Most policies provide a benefit up to a certain dollar amount per day, for a certain period of time. Generally, the larger the benefit and the longer that benefit is payable, the higher the cost of the policy. The cost increases with your age. After you have reached a certain age or have been diagnosed with a particular medical condition, you may not be able to buy long term care insurance. These limitations vary among policies, it is best to review multiple policies before deciding on one. Purchasers of long term care insurance policies have certain rights. For example: A policy is renewable as long as you pay your premiums on time. The company cannot end your policy due to changes in age or health. Your policy cannot limit its benefits to skilled nursing care only, but must offer home care, assisted living, and adult care home coverage (on policies purchased after 1992). Your policy cannot provide significantly better benefits for any single level of care. Your policy must pay for Alzheimer s disease and related illnesses. Your policy cannot require hospitalization before paying benefits for long term care. Your policy cannot require you to receive a higher level of care before paying benefits for a lower level of long term care. A new policy must cover pre-existing conditions after six months from the effective date of coverage. 68 Legal Issues for Older Adults

Section 5-4 Paying for Long Term Care There is a free look period of 30 days, during which you can cancel the policy for a full refund. 5 In addition, companies selling long term care policies in Oregon may be required to: Provide alternatives if rates increase; Provide conversions or continuation programs for policy holders who lose group coverage; Offer inflation protection as an optional rider; and Include provisions to prevent unintentional lapses. Before You Buy Long Term Care Insurance: Read the Oregon Consumer Guide to Long Term Care Insurance, available from the Oregon Insurance Division. Determine if you or your spouse will qualify for Medicaid assistance. Know your insurance needs and budget before speaking with an insurance agent. You may not need long term care insurance if: You have limited assets or income; or You are currently on Medicaid. Ask for an explanation of the benefits if anything in the policy is unclear. See 14, Resources, for contact information for the Oregon Insurance Division. Request the policy in be writing and signed. Compare policies before you buy. Make sure the policy covers all the benefits you may need. Some policies cover unforeseeable care items. For example a new type of living arrangement that may not be known now. Ask how policies will plan for such things that may occur. 2012 Edition 69

5 Long Term Care Questions to Ask: Does the policy pay for all levels of care? How long will the benefits be paid? (The law requires a minimum of 24 months.) How does the premium compare with the maximum coverage provided? (How much coverage am I getting for the premiums?) Will premiums be waived while I am receiving care? Will premiums increase? What percentage of submitted claims get paid? How is the financial status of the insurer? How long have they been in business? What are the limitations and waiting periods for pre-existing conditions? What is the satisfaction level of policy holders with the provider? Medicaid Medicaid, also known as the Oregon Health Plan in the State of Oregon, is a needs-based financial assistance program. Medicaid will pay for care provided by a nursing home, adult foster home, assisted living facility, residential care facility, or in-home services for an unlimited time for persons who qualify under the income and assets guidelines. See 3, Medicaid, for more information. A person who can afford long term care when they first move to a community may eventually deplete their assets and become eligible for Medicaid. An attorney who is familiar with the Medicaid program can provide advice about how to qualify for Medicaid assistance. Not all senior living communities or in home care providers accept Medicaid payments. If you are likely to need Medicaid in the future, find a community that is contracted with Medicaid or you may need to move once your assets are depleted. The care provider must inform you of services and rates including any extra charges not covered under Medicare or Medicaid. 70 Legal Issues for Older Adults

Section 5-4 Paying for Long Term Care Facilities with Medicaid contracts cannot require the resident, their friends, or relatives to pay money in addition to the Medicaid rate for covered services. (See 3, Medicaid, for more information.) 5 Medicare Medicare, like most health insurance plans, does not pay for most long term care costs. Medicare is a federal health insurance program for people age 65 and older and certain disabled people under age 65. Medicare will pay for a limited time of qualified skilled nursing and a limited amount of home health care. There are co-payment requirements. Reverse Mortgage See 2, Medicare, for more information. A reverse mortgage can be obtained by people who own their home with enough equity to qualify. In a reverse mortgage, the bank makes payments to the home owner, buying the property back from them. To qualify, you must be 62 years of age or older, own your home outright, or have a low mortgage balance that can be paid off at closing with proceeds from the reverse loan, and you must live in the home. Repayment on the loan is due upon your death or permanent move from the home. Generally the reverse mortgage holder will give the home owner or their descendents a specific amount of time to repay the loan or sell the home. If the balance is not tendered within that time, the reverse mortgage holder has the ability to take ownership of the property. There are fees associated with a reverse mortgage similar to a traditional home loan. The Veterans Administration The Veteran s Administration provides long term care for some United States Military Veterans. There are facilities for veterans in addition to programs such as Aid and Attendance and Home Bound Programs that are outlined in 4. See 4, Veterans Benefits, for more information. 2012 Edition 71

5 Long Term Care 5.5 Complaints If you have a complaint about a nursing home or other community, you have a right to make your complaint known without fear of retaliation. You can report your complaint to: The nursing home administrator or resident manager; Oregon s Long Term Care Ombudsman. (See 14, Resources); See 14, Resources, for contact information. The Seniors and People with Disabilities Services Client Care Monitoring Unit. (See 14, Resources); A residents case manager at a local AAA office. (See 14, Resources); Your state and local elected representatives or your U.S. representative and senators; or A knowledgeable private lawyer or your local legal aid office. (See 14, Resources.) Complaints are public information. They can be reviewed before moving into a licensed community. If you work with a referral agency or social worker, they should check the complaints for you. Some complaints are available online, but to obtain a complete updated list, including unsubstantiated complaints, visit the AAA office in the county the community is located. See 11, Abuse, for more information. If you believe that a resident of long term care community is being abused, neglected, or exploited, call the Protective Services worker at your local AAA office or call the Long Term Care Ombudsman Program. The situation will be investigated, and help will be offered. (See chapter 11, Abuse, for more information.) 72 Legal Issues for Older Adults

Property Ownership, real Property Transfers, and Taxes In This Section 6-1 Section 6-2 Section 6-3 types of Property ownership transferring Property basic tax Matters 6 Find definitions for these terms (indicated in bold) in the glossary: Bargain and sale deed Consideration Deed Fee Simple Absolute; Joint tenancy Power of attorney Quitclaim deed Real property Remainder interest Special warranty deed Tenancy by the entirety Trust Warranty deed Will 73

6 Property Ownership, Real Property Transfers, and Taxes 6-1 Types of Property Ownership In Oregon, title to real property can be held in several different ways. The way title is held is important because it affects what happens to the property in your lifetime and upon your death. Knowing what type of property ownership you have will help you understand your rights to the property. The principal types of ownership are: Fee Simple Absolute; Tenancy in common; Survivorship estate; and Life estate. Fee Simple Absolute If you own property solely in your name, you own all the rights to that property. This type of ownership is called Fee Simple Absolute. If you want to transfer property that is solely in your name upon your death, you must do so by a will or trust. Tenancy in Common If you own property with a person other than your spouse, you own that property as a tenant in common unless a deed or other document states otherwise. A tenant in common owns an undivided interest in the entire property, such as a one-half, one-third, or a one-fifth interest. This interest can be sold or transferred to others through a will or trust. If you are a tenant in common, you may name a specific person or persons in your will to receive your interest. The person receiving the property will then hold your interest in the property with the other tenants in common. Legal action may be required for tenants in common who cannot agree on how to sell or manage their property. 74 Legal Issues for Older Adults

Survivorship Estate Section 6-1 Types of Property Ownership A survivorship interest assures that when one owner dies, the remaining co-owner(s) will automatically receive the deceased owner s share of the property through a survivorship estate. 6 A husband and wife usually hold property together with this right of survivorship through a tenancy by the entirety. Tenancy by the entirety means that if one spouse dies, his or her interest will automatically go to the surviving spouse. Married couples who do not want this to occur should hold title as tenants in common instead. You can hold title with a survivorship interest with someone other than your spouse in a joint tenancy. Friends, relatives, and business partners use this form of ownership when they want to own property jointly and have the property pass to the survivor(s) on death. Property that is held subject to a survivorship interest cannot be transferred by the will of the party who dies first. If you own property in this way and you want to pass that property to a particular person or entity, you should contact a lawyer for advice. Creating a survivorship interest requires the specific titles (joint tenancy, tenancy in the entirety) be used in the deed, trust, or will. There are risks in creating survivorship interests in both real and personal property. For example: If you name someone as a joint tenant with the right of survivorship on a bank account, that person can take part or all of the money out without your permission. (See 7 for more information on joint accounts.); Survivorship interest may cause the property to go to someone other than your intended heirs; and See 7 for more information on joint accounts. A creditor of joint tenancy can take all or part of the property to pay that person s debts. You should talk to a lawyer about the advantages and disadvantages before creating a survivorship interest. 2012 Edition 75

6 Property Ownership, Real Property Transfers, and Taxes Life Estate A life estate is usually created to protect a person s right to live on property and, on that person s death, have it pass to another. For example, if you want to give your property to a friend or your children, but you want to live on that property or receive income from it until your death, you can create a life estate. You would do so by deeding the property to whomever you want to have it on your death and reserving a life estate to yourself until your death. A life estate also may be created by a will. For example, suppose you want your friend, Harry, to own your property. When he dies, you want the property to pass to your brother, Bill. You can let Harry keep the property until his death by creating a life estate in your will. On Harry s death, you can have the property go to Bill. Bill s interest is then called a remainder interest. NOTE: There are many ways that a person can hold title other than those described above. If you have any question about the nature and extent of your interest in a particular piece of property, or if you want to create one, you should contact a lawyer. 6-2 Transfer of Your Ownership Interest You can transfer your interest in your house and other real property to another person by: Selling the property; Giving it away during your lifetime; or Giving it away upon your death through a will, a trust agreement (such as a living trust), or a survivorship estate. 76 Legal Issues for Older Adults

Property Sale Section 6-2 Transfer of Your Ownership Interest Property is usually sold for cash or for installment payments (money paid over a period of time). The balance due is secured by a mortgage, trust deed, or land sale contract. Each of these ways to secure the transfer of property has special characteristics. 6 Before you choose between a mortgage, trust deed, or land sale contract, ask your attorney or real estate adviser to explain the differences. Also, find out how those differences affect your particular transaction. Unless you are familiar with real estate transactions under Oregon law, you should not try to create your own legal documents. Title documents should be prepared only by a lawyer or title company. Deeds If you want to transfer your interest in real property, you must do so in writing. The document used to transfer your interest is called a deed. There are four types of deeds in Oregon and each transfers property differently. These are: Warranty deed; Special warranty deed; Bargain and sale deed; and Quitclaim deed. A warranty deed expressly warrants that title is good. This means that you will guarantee you own the entire property free and clear except for any conditions specifically listed in the deed. A special warranty deed is most often used in fulfillment of a land sale contract and is similar to a warranty deed except the person selling only warrants their own actions. 2012 Edition 77

6 Property Ownership, Real Property Transfers, and Taxes A bargain and sale deed transfers the title or interest you have at the time of the transfer or later acquire. However, it does not give any warranty that your title is good. A quitclaim deed transfers property but does not warrant that title is good. This deed is also referred to as a deed without covenants. If you intend to give property to another person as a gift, use a bargain and sale deed. You may choose to use a warranty deed if you pay a title company to review the title to your property and provide title insurance. Steps to Transfer To transfer real property to someone by deed, you must accomplish each of the following: 1. Complete the deed properly; 2. Sign it in front of a notary public; and 3. Give it to the person you want to receive the property. A deed is not a will and does not legally operate like a will. To give property to someone on your death, you must set up a survivorship estate by deed (as discussed before), set up a trust, or transfer your property through your will. There are a few practical matters you should know about completing a deed: If the property is located in a subdivision, it must be legally described by lot and block numbers in the deed. If the property is not in a subdivision, it must be described by a method called metes and bounds or by a sectional description. A tax lot number or street address is not enough. The deed must state what was given or paid (called consideration) for the property; generally, the dollar amount paid for the property. If the property is a gift, the deed can say that the consideration is love and affection. 78 Legal Issues for Older Adults

Section 6-2 Transfer of Your Ownership Interest Never sign a deed someone else has prepared for you unless you know and understand the outcome. 6 The deed must be signed or acknowledged before a notary public. Once a deed has been received or delivered, you must record it with the county clerk or recorder for the county where the property is located. All deeds, mortgages, contracts, and other writings about ownership interests in real property should be recorded. Recording protects the buyer and the seller. For instance, if you are the buyer, you could lose your title to the property if the deed is not recorded and the property is sold again by the same person who transferred it to you. An unrecorded deed could create problems with transferring the property in the future. There are potential consequences for creating a survivorship interest in a deed such as: Signing a deed transferring real property to yourself and someone other than your spouse with the right of survivorship constitutes a gift. This kind of transfer may require you to file federal and state gift tax returns. Once the deed is signed, you cannot take the property back. You will have trouble selling or mortgaging the property without the other named person s agreement and signature. Property held subject to a survivorship interest passes to the survivor even if your will names someone else to receive property in your will. Power of Attorney for Real Property A power of attorney is a written document used to give another person the same legal authority as you have for yourself. A power of attorney can be general or specific. A general power of attorney gives authority to another person to act on your behalf in all your affairs. A specific power of attorney (also called a limited power of attorney) allows a person to act on your behalf only on See 7 for more information on power of attorney documents. 2012 Edition 79

6 Property Ownership, Real Property Transfers, and Taxes specific issues, such as selling a business or a piece of property. Special limitations can be placed on a general power of attorney as well, such as prohibiting the sale of particular property. The power of attorney should limit the authority of the agent to put property in his or her own name only as an agent for you, not as the sole owner of the property himself or herself. If you want another person to sell or transfer your real property, you should specifically say so in the power of attorney. The power of attorney must be notarized and recorded with the County Clerk or Recorder. If you create a power of attorney but decide later you do not want the person appointed to act for you, you must revoke the power of attorney in writing. The revocation should be notarized and recorded where the power of attorney was recorded. The power of attorney will automatically be revoked upon your death. Gifts A gift is a voluntary transfer of personal or real property. The person who makes the gift, called the donor, receives nothing in return. The donor must intend to make the gift. The gift must be delivered, and the person who is offered the gift must accept it. You cannot make a gift that is to take effect on your death unless you put it in a will or a trust. Gifts During Your Lifetime Most gifts are made during the lifetime of the donor. Once this type of gift is given, it cannot be taken back unless the person receiving the gift agrees and actually returns it. However, if you are the donor and give a gift solely because you think you are terminally ill and are going to die, you may take it back when you do not die. 80 Legal Issues for Older Adults

Section 6-2 Transfer of Your Ownership Interest Often, older adults want to give their property away for various reasons such as: To give property to a deserving friend or relative; 6 To avoid payment of estate taxes; To preserve and protect their estate before incurring large medical bills so there is something left to give away; or They are asked to do so by friends or relatives. Some gifts may create tax problems for the former owners or recipients. Heirs and others may claim an interest in the property. Also, most transfers for less than fair market value make the donor and his or her spouse ineligible for Medicaid benefits that may be needed to help pay for long term care. Do not try to accomplish estate planning or preservation of your estate without first contacting a lawyer. A gift must be delivered to be valid. For example, suppose you want to give a special ring to your niece. If you put a note on it saying, This ring is for my niece when I die, the gift will not be valid because the ring was not delivered. See 3, Medicaid, for more information. If you want to give something that is very large, such as a piano, you may do so by symbolic delivery. Symbolic delivery occurs when you give something that represents what you actually want to give, such as a written description of the item or a model of it. Sometimes a person may be too sick to give the actual gifted item. In this situation, a constructive delivery of the gift will work. A constructive delivery means the person receiving the gift is given the means to obtain the gift. For example, that person may be given the keys to a safety deposit box or to a car. If there is a dispute, the court will decide if the donor intended to make a gift, if the gift was delivered, and if the gift was accepted. 2012 Edition 81

6 Property Ownership, Real Property Transfers, and Taxes 6-3 Basic Tax Matters Sale of Residence Tax Exemption Capital gains tax is a tax on the difference between the original purchase price of an asset and the selling price of that asset. The sale of your primary residence is not subject to a capital gains tax so long as the taxable gain does not exceed $250,000 for individuals or $500,000 for married couples. To exclude gain on the sale of your house, you must have lived in it for at least two of the five years preceding the sale of your house. Property Tax Deferral An Oregon homeowner who is disabled or who is at least age 62 may defer paying property taxes on his or her residence if they qualify for a property tax deferral. To qualify for this tax deferral: You must be totally and permanently disabled or age 62 by April 15th of the year you file your application; The rules changed in 2012 making it more difficult to qualify. You must have a recorded deed to the property, or you must be buying the property under a recorded instrument of sale. You are not eligible if you only have a life estate interest in the property; You must live on the property for at least five years before April 15th of the year you apply for the program. This restriction does not apply if you are absent for health reasons. In this case, a doctor s statement must be sent to the Department of Revenue; You must show proof of homeowner s insurance that covers fire and other casualties; The real market value of the home cannot be more than 100% of the county median (with some graduated allowances based on years lived on the property); Your total net worth cannot exceed $500,000 not including the value of the home, life insurance policies, and tangible personal property. 82 Legal Issues for Older Adults

Section 6-3 Basic Tax Matters It does include all other real property, cash, checking and saving accounts, bonds, and other investments less debts; 6 Your total household income for last year (2011) must be less than $39,500. This amount changes annually. Household income includes both taxable and non-taxable income, including Social Security and pensions; and You don t have a reverse mortgage on the property. People who are already receiving this deferral and have a reverse mortgage will continue to receive it until 2012. After the Oregon Department of Revenue has approved your application, you must tell your mortgage holder that the state will be paying your taxes. Your application must be filed with your county assessor between January 1st and April 15th to defer the taxes that would be billed to you the next fall. You must re-certify every two years and meet all the qualifications. Applications and income worksheets are at the assessor s office. The Oregon Department of Revenue will not pay delinquent taxes. You must pay the deferred taxes (plus 6 percent compound interest per year on the deferred taxes) when any of the following occurs: The taxpayer getting the deferral dies; the heirs have until August 15th of the next calendar year. (A surviving spouse may continue to defer past and future taxes); The property is sold or there is a change in ownership. For example, if you deed your property to your survivors through a life estate or trust, you will be disqualified from the program; You stop living permanently on the property. However, temporary absences due to vacation, travel, or illness do not disqualify you. If you move for medical reasons, you must submit a doctor s statement to the Department of Revenue; or You obtain a reverse mortgage on the property. In addition to a deferral of property taxes, you may be able to defer payments on certain special assessments against your property. Such assessments include those made by city, county, and sanitary districts for streets, sidewalks, 2012 Edition 83

6 Property Ownership, Real Property Transfers, and Taxes sewers, and water. The requirements for deferral of special assessments are very similar to those for deferral of real property taxes. You can get information about deferrals from the Oregon Department of Revenue. (See 14, Resources.) Property Tax Assessments and Challenges See 14, Resources, for more information. Each year, Oregon counties notify property owners of the tax value of their properties. The county assessor uses a standard method to determine the value. You can ask for the tax value to be changed if you find the assessor made an error or if you think the assessment is too high because it didn t take certain factors into account. You can speak informally with the assessor s staff first; if negotiations are unsuccessful, you must file a petition with the county b oard of aroperty tax Appeals to seek a formal hearing. You can petition for a hearing between the time you receive your tax statement and December 31st of the year the assessment is made and you are billed. Information on how and when to file an appeal is included with the property tax statement. You may want to seek legal advice before starting this process. Veterans Property Tax Exemption Some low-income veterans including some members of the Oregon National Guard who served during wartime, or their surviving spouses or registered domestic partners who have not remarried, are entitled to an exemption for the first $17,910 (for 2012) of property value, if they own the home in which they live. This amount changes annually by 3%. For certain veterans with limited income and service-connected disabilities, or for their surviving spouse/ registered domestic partner, the exemption is $21,493. The person seeking the exemption must live in the home for which the exemption is sought. Contact the tax assessor in your county for more information. The application must be filed before April 1st of each year. If you feel that you have been wrongly denied the veterans property tax exemption, you can appeal to your county government. Ask your assessor s office for information about the appeals process. 84 Legal Issues for Older Adults

Managing Your Property and Personal Affairs 7 Health problems at any age can make it difficult for you to manage your property or care for yourself. However, with careful planning you can arrange how your affairs will be managed if you become ill. You can enlist the help of others to manage your property and personal affairs. Some methods are simple, such as having your government payments automatically deposited into your bank account. Other methods are more complex, such as appointing an agent or power of attorney. This chapter will explain these methods and outline their benefits and limitations. In This Section 7-1 Section 7-2 Financial Matters Direct Deposit, Joint Bank Accounts, Power of Attorney, Representative Payee, and Conservatorship Health Care Decisions Advanced Directive, Power of Attorney for Health Care, POLST, Guardianship, and Mental Commitment Find definitions for these terms (indicated in bold) in the glossary: Conservatorship Physician s Order for Life- Sustaining Treatment (POLST) Power of attorney Principal (def. #1) Protected person Representative payee 85

7 Managing Your Property and Personal Affairs 7-1 Financial Matters Direct Deposit Direct deposit is a free service that electronically deposits payments into your bank account. You can use direct deposit for any federal payments as well as most reoccurring private deposits. For social security, supplemental security income, railroad retirement, civil (non-military) retirement, or VA compensation or pension, you will need to fill out form FMS 1200. For all other non-vendor federal payments, you will need to fill out form 1199A. To sign up, take your next federal government check to your financial institution along with the appropriate form or visit www.godirect.org. Your direct deposits should begin within 60 to 90 days after account confirmation. All federal payments will be direct deposited starting on March 1, 2013. You can often arrange for direct deposits for payments from private sources. Contact the source of your payment to find out what information you need to set up direct deposit. Some financial institutions are also offering deposit through smart phone technology. Call your financial institution to inquire about alternatives to traditional checks. You should check your bank statement each month to make sure the deposits were received. You also should make sure that none of your creditors has taken more than it is entitled to from your account for automatic payments. Direct deposit has these advantages: 1. It ends worries about lost or stolen checks or late mail; 2. It allows you to travel away from home without worrying about your checks being left in an unprotected mailbox; and 3. Funds are generally deposited faster than waiting on paper checks so you begin earning interest earlier if you have an interest-bearing account. 86 Legal Issues for Older Adults

Section 7-1 Financial Matters You can change your direct deposit to a new or different account by completing a new form with your new financial institution. Do not close an old account until all direct deposit payments are switched to your new account. 7 Joint Bank Accounts Most financial institutions have several options allowing more than one person to control funds in a bank account. The most common is called a joint account. A joint account allows two or more people the ability to deposit and withdraw money from it. The individuals named on the account do not need permission from each other to use the account. If one of the account holders dies, the funds in the account belong to the other account holders. The main advantage of shared accounts is convenience. The disadvantage is the risk of holding an account with other people. The primary concern is with a joint account whether or not you want the money in your joint account to go to the other account holders after your death. If you hold a joint account with someone who is untrustworthy, they could empty your account without your knowledge or permission. If they owe back taxes, get divorced, or have judgments against them, you could lose the money in the joint account. Power of Attorney A power of attorney gives another person the legal authority to manage some or all of your financial affairs. A power of attorney is created when a person (called the principal) gives someone else (called the agent or attorney-in-fact) written permission to act on his or her behalf. The attorney-in-fact does not have to be a lawyer; they may be a spouse, relative, or friend. Pre-printed power-of-attorney forms are available, but you should be cautious; a power of attorney can be an extremely powerful document. You should not give anyone such powers without fully understanding the implications. Consult an attorney before granting a power of attorney to anyone. 2012 Edition 87

7 Managing Your Property and Personal Affairs A power of attorney gives the agent authority to manage almost all business that may require the principal s presence or signature. A general power of attorney grants permission to another person to handle a broad range of financial affairs. If you want a power of attorney for one purpose, such as going to the bank, you can create a specific power of attorney. This grants permission to the other person to perform only certain acts. For example, if you are physically unable to go to the bank, you could give someone the power to deposit and withdraw money from your account. A springing power of attorney takes effect on a specific date or upon a specified event. For instance, if a person currently wants to have control over their own affairs but recognizes there may be a time they are no longer able to manage them due to illness or competency concerns. The power of attorney can begin on an event spelled out in the document. The method of determining when the person reaches the point that a power of attorney is needed should be described in the document. Certain conditions must be met to form a power of attorney. At formation, the See 6, for more information on transfer of real property. principal must be mentally competent to grant a power of attorney. The power of attorney must be in writing and be signed. Customarily, it is notarized, but it does not need to be witnessed. If a power of attorney is used to transfer real property, it must be notarized and must be recorded in the clerk s office in the county where the property is located. A power of attorney does not take away the principal s rights to make his or her own decisions about financial matters. In Oregon, a power of attorney is durable. This means that it continues to be valid even if the principal becomes incapacitated. However, the principal can state in the document that the power is to end earlier. In this case, it can last only until the ending date or until the principal revokes it. The principal can end the power of attorney at any time by informing the attorney-in-fact in writing. The principal should send copies of the notice of termination to anyone (such as the bank) with whom the attorney-in-fact did business. A power of attorney will automatically end when the principal dies. 88 Legal Issues for Older Adults

Representative Payee Section 7-1 Financial Matters Some government programs allow benefits payable to one person (beneficiary) to be paid to another person called a representative payee. Social Security, Railroad Retirement, and the Veterans Administration all require representative payees rather than a power of attorney. The benefits are to be used for the person entitled to the money. The representative payee is generally a family member or a trusted friend. Some organizations can also act as a representative payee if a trusted friend or family member is not willing to take on the role. 7 You can appoint a representative payee if you are unable to manage the benefits you receive. You or someone on your behalf must apply to the agency paying the benefits. A power of attorney will not be able to endorse or cash federal checks. It is not necessary to be legally incapacitated or incompetent to qualify for a representative payee. Obtaining a representative payee does not require court action or a lawyer. However, if you do not want a representative payee or wish to have a different person serve, you can ask the agency to review its decision. A representative payee must account for the funds used and saved. If a representative payee is not using funds properly, the agency should be told immediately to protect the beneficiary. If the representative payee purposely misuses funds, he or she may be prosecuted. The agency may have to repay the beneficiary if they do not stop paying the representative payee if the misuse continues after the misuse was reported. To get information about representative payees, contact the paying agency. Social Security, Railroad Retirement, and the Veterans Administration have pamphlets and information available online that explain the duties of a representative payee. (See 14, Resources, for contact information.) See 14, Resources, for contact information 2012 Edition 89

7 Managing Your Property and Personal Affairs Conservatorship A conservatorship is a legal proceeding that gives a person (called the conservator) power over the property and finances of a financially incapable person (the protected person). A conservatorship may be established for a person who cannot manage his or her financial resources effectively if they have not already executed a power of attorney. Only a court can grant a conservatorship; it is usually the last resort. A financially incapable person or a third party may ask the court to appoint a conservator for someone who cannot handle their affairs without assistance to the point that property will be wasted or dissipated unless management is provided. The court documents will include a statement of inability to manage financial affairs and specify what is wrong with the proposed protected person (i.e. Alzheimer s, mental incapacity, etc.) If the individual for whom a conservatorship is sought does not want a conservator appointed, he or she may object. The court will hold a hearing if an objection is filed. The person who does not want a conservator has a right to be represented by a lawyer at the objection hearing. A conservator must follow these basic rules: 1. The conservator must manage the protected person s money and property for the benefit of the protected person; 2. Each year, the conservator must tell the court how he or she managed the money and property; and 3. The conservator does not have the power to make personal decisions for the protected person. The protected person can always petition the court to end the conservatorship. The court may end the conservatorship after finding that the protected person no longer needs it. If a conservator misused the property, the company providing the conservator s bond which is required by the court may be ordered by the court to pay the protected person. 90 Legal Issues for Older Adults

Section 7-2 Health Care Decisions The advantage of a conservatorship is that the conservator is usually bonded and is accountable for all funds and property. The disadvantages of a conservatorship is it can be expensive, the records are public (resulting in a loss of privacy), and it can be difficult to end. 7 7-2 Health Care Decisions Oregon law provides for documents that allow you to speak on your own behalf for health treatment, including life sustaining treatment, if you are incapacitated. Advanced Directive The most comprehensive document is the Health Care Advanced Directive which allows you to name a person (called a health care representative) to speak for you with regard to medical treatment if you cannot speak for yourself. The advanced directive document allows you to express your preferences about treatment, particularly about procedures that will artificially prolong your life, to both your physician and your health care representative. The form includes four end of life scenarios for you to decide from upon signing the form. You can give specific instructions to your health care representative about surgery, diagnostic tests, or the need for nursing home care. Even if a guardian is appointed for you, the health care representative named in your advance directive would be the one to make the health care decisions, unless the court takes that power away. You must sign the advance directive in front of two witnesses, one of whom must be unrelated to you and not stand to inherit anything from your estate. The health care representative must sign the form to show she or he agrees to assume this duty. 2012 Edition 91

7 Managing Your Property and Personal Affairs This form states that you do not want life-sustaining treatment if your attending physician and one additional physician have agreed that: 1. You are going to die and such treatment will only prolong the moment of death; and 2. You are permanently unconscious, have an advanced progressive illness and life support will not help your medical condition or would subject you to extraordinary suffering. See 14, Resources, for more information. You must complete a special Oregon form to create an advance directive. (See 14, Resources.) You can make additions to the form to more clearly specify what kind of care you do or do not want. It is best to get advice and assistance from a lawyer about the use of the form. An advance directive remains valid for the duration stated on the form or until you revoke it. You can revoke it at any time by telling your health care provider or your health care representative verbally or in writing. Power of Attorney for Health Care The power of attorney for health care allows you to appoint one or more people to make health care decisions for you when you are unable to make the decision yourself. This document is only valid for seven years upon your signing it unless you lose mental capacity during that time. It authorizes the withholding or withdrawal of life sustaining treatment and tube feeding preferences. Forms are available through attorneys, stationery stores, and online. POLST Oregon law also provides for a Physician s Order for Life-Sustaining Treatment, or POLST. The program is designed to help doctors better follow the wishes of their patients in regard to life sustaining treatment. This form includes your doctor s signature. The form transfers the client s written requests into a doctor s order that is to be followed by other medical staff and emergency responders. Your doctor s office may have a copy of this 92 Legal Issues for Older Adults

Section 7-2 Health Care Decisions form for you to look at. Your doctor can counsel you about the choices on the form. After your doctor signs the POLST, keep it in a place where it is easy for anyone to find, such as on your refrigerator door. (See chapter 14, Resources for a link to the POLST form.) 7 Guardianship Guardianship can occur because a person becomes incapacitated, or unable to make decisions for his or her well-being and safety. Guardianship requires a court proceeding and is the alternative of last resort. See 14, Resources, for a link to the POLST form. A guardian is appointed by the court when a person (the protected person) becomes so incapacitated that she or he is in danger of serious physical injury or illness without a guardian to make decisions. Guardianships must be limited to areas that a person cannot remain independent. A person interested in the welfare of another person may petition the court to set up a guardianship. The court then directs a qualified person to act as a visitor to interview the person seeking appointment, the proposed protected person, and other people involved. The visitor then submits a report to the court. The court may also require that the proposed protected person be examined by a physician or psychologist. The proposed protected person is given notice of the proposed guardianship. If they object to the guardianship, the court will hold an evidentiary hearing. The proposed protected person has the right to be represented by an attorney. The person who filed the petition must prove that there is no better way to deal with the situation. If the court finds that the proposed protected person is incapacitated, it will establish a guardianship to provide continuing care and supervision. The law requires that the guardianship order specifically outline the duties and responsibilities of the guardian. The order must be attached to the Letters of Guardianship, a court document showing the authority of the person named as guardian. If the court order so directs, the guardian can 2012 Edition 93

7 Managing Your Property and Personal Affairs control where the protected person lives and can consent to any necessary medical or professional care and treatment for the protected person. Furthermore, if there is no separate conservatorship, the guardian may receive money and tangible property of the protected person and use it to pay for that person s support and care. The guardian s responsibility ends when the protected person dies or the court agrees that the protected person is no longer incapacitated. Mental Commitment A person can be involuntarily committed if he or she has a mental disorder and is a danger to himself or herself or to others. One way the civil commitment process begins is if two people file a written notice to the Mental Health Division in the county the person resides stating that the person needs mental health assistance. The Mental Health Division investigates to determine if there is cause to believe that the person is mentally ill. The Mental Health Division then submits a report to the court. The court will appoint a psychiatrist or other certified mental health examiner to assess the person s mental health. At the hearing, the alleged mentally ill person is entitled to representation by an attorney. Mental commitment cannot exceed 180 days unless the person voluntarily stays longer or the Mental Health Division certifies that the person is still mentally ill and needs further treatment. If the person protests continued commitment, the court will hold another hearing. 94 Legal Issues for Older Adults

Estate Planning Your estate includes the assets and liabilities you will leave after you pass away. It is important to plan for how you want to pass your estate, including what you want to give away and who will receive it. You may also want to decide which method is the least expensive and which will reduce any estate taxes. Each person s situation is unique. The information in this chapter will give you an overview to help you seek appropriate legal advice about the choices that would benefit you and your family the most. In This Section 8-1 Intestate Succession Section 8-2 Wills Section 8-3 Probate Section 8-4 Will Alternatives Survivorship Interests Payment on Death Accounts Trusts Life Insurance Section 8-5 Estate taxes 8 Find definitions for these terms (indicated in bold) in the glossary: Conservatorship Payee Personal property Personal representative Principal (def. #2) Probate Small estate probate Survivorship interest Testamentary trust Trust Trustee Trustor 95

8 Estate Planning The law recognizes two types of property: real property and personal property. Real property includes land, buildings, and structures placed on land, such as houses, commercial buildings, and agricultural buildings. Personal property includes all property other than real property such as cars, boats, furniture, clothing, bank accounts, stocks, bonds, and personal items. 8-1 Intestate Succession If you have not done any estate planning at your death, your property will be disposed of through a process called intestate succession. Oregon law outlines who will receive your property as follows: Table 8.1 Situation Married with no children or all children born to you and current spouse Married with children from former spouse Unmarried with children No spouse and no children No spouse, no children and no parents No spouse, children, parents, or siblings. No spouse, children, parents, siblings, or children of siblings Property goes to Entire estate will pass to your spouse ½ to surviving spouse and ½ to children in equal shares Entire estate will pass to your children in equal shares. Entire estate will pass to your parents Entire estate will pass to your brothers and sisters Entire estate will pass to the children of your siblings Entire estate will pass to your grandparents If you die without any family and have not done any estate planning, your property will pass to the State of Oregon. 96 Legal Issues for Older Adults

8-2 Wills Section 8-2 Wills 8 A will is a formal statement signed by you and witnessed by at least two other people describing how your estate will be divided after you die. You can use a will to give anything you own including real estate, cars, business holdings, money, and personal property to anyone you want after payment of your estate debts. A will may also state whom you want as a guardian for your minor or disabled adult children. You can appoint a personal representative to complete your affairs after your death. To make a will, you must meet these minimum legal requirements: 1. You must be at least 18 years old; 2. You must be of sound mind; meaning you must understand what property you have to give and to whom you are giving this property after your death; 3. The will must be in writing with the date that it was signed. It should be typed if possible; For more information on the role and duty of personal representatives, see Section 8-3, Probate, in this chapter and 13. 4. The will must be signed by you or someone acting under your supervision and in your presence if you are physically not able to sign for yourself; 5. The will must be signed by two witnesses. They must sign in your presence and certify that you were of sound mind when the will was signed and certify that they saw you sign it or you acknowledged your signature. At least one person must not stand to inherit from your estate; and 6. You must be acting on your own free will and making the will in the way you want. Preparing your own will is not recommended because any errors can have serious consequences. A lawyer can tell you why you need a will and what to dispose of through a will. You may not be able to dispose of some of your property. The lawyer can make sure that the will reflects your wishes about See 6 on transfer of real property. 2012 Edition 97

8 Estate Planning your property. Be sure to let the lawyer know if any of your intended heirs receives SSI benefits or relies on Medicaid a gift of even limited value may raise their income or assets above eligibility levels and thus make the person ineligible for needed medical assistance. If you have a will, you should review it periodically to make any needed changes in the amount or kind of property you have, changes to family such as births, deaths, and divorces among relatives; changes in tax laws; or relocation to a new state or country. Subsequent wills that meet all the above criteria will take precedence over prior made wills. Revisions to the will must also meet the above criteria to be valid. 8-3 Probate Probate is a process that takes place after your death where your property is distributed either according to your will or through intestate succession. A personal representative manages your property, pays the expenses and debts, and then distributes the property to your heirs as specified in your will or through intestate succession. You can appoint a personal For more information on the role of a personal representative, see 13. representative in your will. If you do not have a personal representative or a will and your property passes by intestate succession, the court will appoint a personal representative for you. The probate court supervises the personal representative. Probate clears the titles to stocks, bonds, other securities, and cars; officially transfers real estate into the name of the person who inherited it; and stops others, including creditors, from claiming any of the property after the probate ends. 98 Legal Issues for Older Adults

Small Estate or Regular Probate Section 8-4 Will Alternatives If at the time of your death you have an interest in property that does not automatically pass to another through a survivorship estate or trust, then your will must be probated to pass your property on to your heirs. 8 If you have an estate with a value of no more than $275,000 (no more than $200,000 in real property and $75,000 in personal property), you have what Oregon defines as a small estate and can file an affidavit for a small estate proceeding. This type of probate takes about four to six months and can be handled informally. It is fairly inexpensive. It requires the filing of an affidavit that the estate meets the criteria. If you have real property valued at more than $200,000, personal property valued at more than $75,000, or both, then the estate must go through regular probate. Regular probate usually takes a minimum of nine months. It may take longer depending on the size and complexity of the estate. Probating a large and complex estate can be expensive. If you have a large estate, you should contact an attorney to discuss the merits of estate planning. 8-4 Will Alternatives See 6 for information on survivorship accounts. Survivorship Interests Holding property with a survivorship interest can be an inexpensive alternative to a will. It applies to both real and personal property. (See 6 for more information on survivorship interests.) Payment on Death (POD Accounts) A POD account is treated like a normal bank account during the lifetime of the person putting the money into the account (the payer). On the payer s death, any funds remaining in the account belong to the people named on the account by the payer (the payees). The payees have no control over the account during the payer s lifetime. If you wish to set up a POD account, contact your local bank or financial institution. Be aware that gift taxes apply. 2012 Edition 99

8 Estate Planning Trusts A trust is a document giving rights to property, real or personal, held by one person for the benefit of another. Trusts can also be set up to avoid a power of attorney, to transfer specific types of property at death, to set up education funds for minor children, to manage assets or specific assets, or assets for a particular person (such as a child), and to avoid probate. A trust is a complex legal document that can serve various purposes for various people. It is important to determine - on an individual basis - whether a trust is an appropriate estate plan. The information provided here is general in nature, provided to help you understand basic legal terms; not all trusts are outlined here. To learn more about trusts and probate and estate planning, contact an attorney who is knowledgeable on trust and estate planning matters. While there are different kinds of trusts, certain terms remain the same for all of them: A settlor is the person who creates the trust. A trustee is the person who manages the trust assets. A "beneficiary" is the person for whom the benefit of the trust is intended. There are basically two ways to set up trusts: testamentary trusts and living trusts. A testamentary trust is established in your will. It takes effect only after your death and after your estate has been probated. A living trust may avoid probate for the items in the trust if properly established. In a living trust, one or more persons (trustors) put property or money for themselves and others (beneficiaries) into the trust. Instead of giving the property and its income directly to the beneficiaries, the trustor places it under the control of a person called the trustee. 100 Legal Issues for Older Adults

Section 8-4 Will Alternatives Typically, the trustee will invest the property (called the principal) and pay the beneficiaries any interest earned on the principal. When the trust expires, the trustee will distribute the property to the beneficiaries. Most people who can handle their financial affairs can also be the trustees of the trusts they set up. The trustors can name their children, relatives, friends, or financial institutions to assume those responsibilities if the trustee becomes disabled or dies. 8 A living trust can be revocable (subject to amendment) or irrevocable (cannot be changed or cancelled). Irrevocable trusts have special tax treatment and can be used to shelter assets for Medicaid planning. A living trust has several important advantages if it is set up properly and is fully funded, meaning all the trustor s assets are placed in the trust. First, a fully funded trust will avoid the need to probate the estate of the trustor. If it is a joint trust, it will also avoid probate upon the death of the joint trustor spouse. Second, a living trust may avoid the need for a conservatorship for the trustor if he or she becomes legally disabled. Third, a living trust may offer tax advantages for persons with large amounts of assets. Fourth, it can allow for a smooth transition of your estate after your death with no interruption for your beneficiaries. See 7 for more information on conservatorship and guardianship. There are downsides to trusts; preparing, funding, and managing the trust can be expensive. They are generally more expensive to prepare than wills. They also require that you maintain information about the assets in the trust. Finally, they may be confusing especially if you want to borrow against any of the assets in the trust. There are many trusts that can be established for any valid purpose. Some include: Pet Trust A pet trust can be established for the continuing care of a designated domestic pet after your death. The person who is designated to care for the pet(s) will receive compensation from the assets of the trust. Upon the death of the designated pet(s), the remainder will go to whoever the will/trust designates or by intestate succession. 2012 Edition 101

8 Estate Planning Income Cap Trust An income cap trust is created with the beneficiary s income for the purpose of qualifying for Medicaid. Special Needs Trust A special needs trust may be set up for children who have developmental or physical needs that may interfere with their ability to work. The trust helps them to receive public benefits by restricting distributions from basic needs. Note: Living trusts are complex legal documents that require the use of competent and experienced estate planning attorneys. If trusts are not drafted correctly, the trustor s wishes may not be carried out and the estate taxes may be higher. You should not attempt to create your own trust, rather speak to an attorney about the pros and cons first. Life Insurance Life insurance benefits usually pass to whomever you have named on the policy to receive those benefits (called the beneficiary). You have to name the beneficiary in writing when you purchase your policy. The insurance company will have a record of the beneficiary you chose. The designated beneficiary may be changed at any time by informing your insurance company in writing. Most insurance companies provide a form to change the beneficiary. If your named beneficiary is alive when you die, the insurance company will pay the money due under the policy to the beneficiary, even if your will says something different. It is wise to name another person as an alternate beneficiary in case your first beneficiary dies before you do. This will keep the insurance proceeds from being paid to your estate and potentially increasing the cost of your probate proceeding. Irrevocable Life Insurance Trust An irrevocable life insurance trust is used to allow life insurance proceeds to pass free of inheritance taxes. 102 Legal Issues for Older Adults

8-5 Estate Taxes Section 8-5 Estate Taxes 8 In 2012, no Oregon state estate taxes are payable on estates valued at less than $1,000,000 in total assets. For estates valued over $1,000,000 there is a 16% tax. If you meet this filing threshold, you need to file Oregon Form IT-1. The exempt amount under federal tax law is even higher at $5,120,000 for 2012; this amount will be adjusted each year for inflation. If the combined value of your estate and your spouse s estate is close to these amounts, consult a tax lawyer about potential estate taxes. There may be ways to decrease your taxable estate through gifting and credit shelter trusts. Consult an attorney about the ramifications of both. For tax purposes, your estate includes all property in which you have an interest. This includes the proceeds of life insurance, property held with a survivorship interest, and certain life estates. The value of your property for estate tax purposes is its fair market value on the date of your death. General Advice Keep an up-to-date itemized list of all your debts and property. This includes insurance policies, securities, bank accounts, safe deposit boxes, real estate, jewelry, artwork, and pension plans. You also should record where you put your will or trust. Give a copy of this list to someone you trust and to your lawyer or financial adviser. 2012 Edition 103

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Age Discrimination 9 Age discrimination may be difficult to detect unless you know your rights. This chapter will familiarize you with Oregon and federal laws employers and others must follow to ensure equal opportunities based on age & disabilities. In This Section 9-1 Age Discrimination and Employment Section 9-2 Landlord Tennant Laws Section 9-3 Other Discrimination Laws Find definitions for these terms (indicated in bold) in the glossary: Age Discrimination in Employment Act (ADEA) Americans with Disabilities Act (ADA) Equal Employment Opportunity Commission (EEOC) 105

9 Age Discrimination 9-1 Age Discrimination and Employment Oregon Law In Oregon, it is unlawful for an employer to fire, refuse to hire, or refuse to promote an individual because of race, religion, color, sex, national origin, disability, marital status, or age. However, discrimination may not be illegal if a job requirement that causes the discrimination is necessary to the normal operation of the employer s business. Oregon law applies to every employer in the state regardless of the number of employees. State law protects people age 18 and older from unlawful hiring and firing, as well as discriminatory wages, benefits, and overtime. Oregon law also forbids age discrimination by labor unions and employment agencies. A physical disability may be related to age. If you have a disability, Oregon and federal laws forbid discrimination because of it, so long as the disability does not interfere with your ability to perform the essential functions of your job as defined by your employer. Furthermore, if you ask, your employer is required to make a reasonable accommodation with regard to your disability to help you do your job. For example, an employer may have to provide a telephone amplifier for a receptionist who has hearing loss. Federal Law The federal Age Discrimination in Employment Act (ADEA) protects people age 40 or older who are performing their jobs in a satisfactory manner against age discrimination by employers employing 20 or more employees; state, local, and federal employers; and labor organizations with 25 or more employees. The ADEA covers all terms, conditions, and privileges of employment, including hiring, firing, layoffs, promotions, wages, benefits, and training opportunities. 106 Legal Issues for Older Adults

Section 9-1 Age Discrimination and Employment Although largely similar, federal and state discrimination laws differ in the rights and types of persons they protect. Most importantly, the laws allow different time limits within which to file a complaint charging discrimination. If you have questions about how to protect your rights, contact an attorney who has experience handling cases involving age and disability discrimination. 9 Filing a Claim Under state law, you have one year from the date of the discriminatory act to file a complaint with the Civil Rights Division of the Oregon Bureau of Labor and Industries (BOLI). (See 14, Resources.) Under federal law, you must file a complaint of age or disability discrimination in the workplace with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier. (The rules are different if the employer is an agency of the federal government.) Under state law, you may file a lawsuit within one year without first having filed a complaint with BOLI. Under federal law, you must wait 60 days after filing your complaint with the EEOC to file a lawsuit alleging age discrimination. For disability discrimination cases, you must first receive a right to sue notice from the EEOC, and then file your lawsuit not later than 90 days after receiving that notice. For other types of discrimination claims, you should seek legal advice regarding any other limits that may apply. If you do not file a complaint with either the state or federal agency within these time limits, you may lose the right to sue for age or disability discrimination. EEOC and BOLI have a work-sharing agreement where filing with one agency will typically result in your complaint being filed with the other agency. However, because of different time limits for filing and different remedies that exist between state and federal law, you may want to file a complaint with both agencies. 2012 Edition 107

9 Age Discrimination Not every kind of discrimination because of age is illegal. For example, both federal and state law allow discrimination on the basis of age when a job requirement is necessary to the normal operation of a business, such as safety in the transportation industries. The federal government has a free special service, the Job Accommodation See 14, Resources, for information on the Job Accommodation Network. Network, to help workers with disabilities and their employers develop ways to accommodate workers who have disabilities. (See 14, Resources.) Retaliation for Complaining Under federal and state laws, it is unlawful for an employer to retaliate against you if you have complained to your employer or to an agency about age or disability discrimination. 9-2 Landlord/Tennant Law Older people are not protected from age discrimination by private landlords. However, landlords are not permitted to discriminate based on disability. If you have a disability, you are entitled to make reasonable modifications to your housing unit, at your expense, to accommodate your disability. Your rights under state and federal law about this kind of discrimination are similar to those for discrimination in employment. HUD / Low Income Housing There are senior specific housing complexes that are exempt from the federal family size discrimination laws. These complexes are generally for people age 62 and older. Many are built exclusively for older adults and people with disabilities. Some have units designed for wheelchair access and for people who have difficulty using steps. Unless you are applying for special needs housing, no questions can be asked about the nature or extent of the assistance you need. And if you need a live-in caregiver so as to be able to remain in your home, the housing manager must try to accommodate your needs. 108 Legal Issues for Older Adults

Section 9-3 Other Discrimination Laws You must apply in writing to be admitted into housing programs. You must show your income and expenses to prove your financial eligibility. Financial limitations vary widely, depending on local housing costs and the type of housing. For some housing programs, your annual income (after some adjustments) may need to be as low as $12,000 for one person. However, in some programs, your allowed annual income can be as high as $33,000 or more. 9 9-3 Other Discrimination Laws Older people, particularly those age 62 and older, have some protections against discrimination by creditors and lenders. Federal laws forbids age and disability discrimination by programs and activities that receive federal funds. Hospitals, mental health centers, legal aid programs, the Red Cross, government-assisted housing, and public schools are examples of programs subject to these laws. However, certain programs are specifically funded to serve people age 60 and older or people who have disabilities. If you have a disability, you have the right to reasonable accommodation from agencies and most businesses. Under the Americans with Disabilities Act (ADA), motels, hotels, and meeting areas should make it possible for you to use a wheelchair in their buildings, get help with hearing or reading (through audio amplifiers, special phone equipment, Braille readers, etc.), and do other reasonable things to make places and services accessible. Restaurants, stores, and medical and law offices must also make reasonable accommodations to allow disabled persons to use their services. The degree of physical accommodation required depends to some degree on when the structure was built. Both state and federal law authorize people to file lawsuits to enforce their ADA rights. The Oregon Advocacy Center works with individuals who seek modifications in places of public accommodation. (See 14, Resources.) See 14, Resources, for information on the Oregon Advocacy Center. 2012 Edition 109

Consumer Information 10 There are many types of consumer transactions in which you need to protect yourself from fraud; this chapter highlights several of them. In This Section 10-1 General Consumer Protection Advice Section 10-2 Credit Purchases Section 10-3 Collection Agencies Section 10-4 Debts Section 10-5 Contracts Section 10-6 Warranties Section 10-7 Merchandise Complaints Section 10-8 Home Repairs Section 10-9 Lost Credit & Debit Cards Find definitions for these terms (indicated in bold) in the glossary: Claim of exemption Fair market value Judgment Truth in Lending Act 111

10 Consumer Information 10-1 General Consumer Protection Advice Carefully choose the people or companies with whom you do business. When choosing a company, consider how long it has been in business, its reputation in the community, how stable and secure the business is, and whether or not you can get repairs or refunds if the products you buy are defective. Do not buy anything under pressure. YOU CAN SAY NO. Be careful if the seller is offering you a one time only take it or leave it deal. The more urgent the sales pitch, the less likely it is a legitimate transaction. Generally, you have three business days to change your mind about door-to-door purchases, even if you signed an agreement. However, there is no grace period for most other purchases. You do not have to pay for anything that comes in the mail if you did not order it. Be careful about giving your credit card number, Medicare number or Social Security number to anyone. If the person contacts you by telephone or email, they should have all the information they need. 10-2 Credit Purchases Buying on time or buying on credit means that you borrow the amount needed to purchase the item or service. You agree to pay back the money plus a finance charge (interest). This extra charge is the cost of paying for the item or service over time instead of in one payment. 112 Legal Issues for Older Adults

Important Terms Section 10-2 Credit Purchases Amount Financed: The cost of a purchase not including interest; also called the principal amount. 10 Annual Percentage Rate: The rate of interest you pay per year for using credit. Note: credit card providers may be willing to negotiate the annual percentage rate. This rate may change but the credit card company must give you written notification of an increase. Cash Price: The cost of a product or service paid in full with cash at the time of the purchase. Creditor: The person or company you owe money to. Finance Charge: The total dollar amount of the interest you must pay for buying a product or service on credit. Payment Total: The total amount you pay for a product or service. This includes the cost plus the finance charge. When using retail credit cards, you must pay a monthly finance charge on your unpaid balance. If you pay for purchases within 25 to 30 days you can often avoid paying the finance charge. This depends on your credit card agreement. Some credit cards have a finance charge from the date of purchase. Consumer contracts must show the finance terms as required by the Truth in Lending Act. The Truth in Lending Act requires businesses that use credit to show your credit costs in writing. When you buy on credit, you must receive a written statement showing the amount financed, annual percentage rate, finance charge, and payment total. The statement must include all of this information before you sign. If the terms are not shown, you may be able to recover damages from the seller. 2012 Edition 113

10 Consumer Information 10-3 Collection Agencies If you cannot make your credit payments or pay other bills, the seller, loan company, or bank may turn over your debt to a collection agency. A collection agency can use any legal means to collect money you owe. A collection agency has the same rights and responsibilities as the creditor or seller who originally had your debt. The Fair Debt Collection Practices Act and the Oregon Unlawful Debt Collection Practices Act control the collection agency s activities. These statutes prohibit a collection agency from making threats or harassing you. The collection agency cannot do the following: Threaten violence, physical harm, or use foul language; Threaten arrest or criminal prosecution; Fail to disclose that a court order is required if they are threatening to seize, attach, or sell your property; Intentionally communicate at times known to be inconvenient; Communicate without the debtor s permission or threaten to communicate with the debtor at the debtor s place of employment if employed outside the home; Fail to clearly identify themselves within 30 seconds; Conceal the identity of the call and cause the debtor to incur cost in the communication such as through long distance charges; Make threats of action that cannot be taken by law or are not taken in the normal course of business; Pretend to be a government agency or part of a legal proceeding; Threaten or attempt to collect additional debt or charges that cannot actually be obtained; or Threaten a third party enforcement that would be more detrimental. 114 Legal Issues for Older Adults

10-4 Debts Section 10-4 Debts 10 If you owe a creditor money, that creditor usually has the right to demand that you pay it all. You are not legally excused from your debts because you have lost your job or other income source, are sick, or cannot afford to pay. A creditor can still sue you for the whole amount even if you offer to pay part of the total or actually do make a nominal payment each month. (This may be different if the creditor has agreed to let you make partial payments and you haven t missed any.) If you miss a payment, pay less than the agreed amount, are late on a payment, or do something else that violates a written contract regarding the payments, the seller or creditor may have the right to demand payment of the full balance you owe on the debt. In this case, the creditor may have the right to repossess the item you are making payments on. If a loan company, bank, collection agency, or creditor sues you, it can obtain a judgment against you in court. A judgment is a court decision that you owe the money. The judgment does not order you to pay the debt, but it does give the judgment holder some ways to collect the judgment. It is lawful for the judgment holder to put a lien on your real property, garnish your wages or bank account, or seize personal property. The judgment holder cannot take certain property protected by law. This property is known as exempt property. Exempt property includes: Social Security, Veteran s benefits, the earned income tax credit, and other government benefits, and pensions. These are exempt even when placed in a bank account; Household goods with a fair market value of less than $3,000. The fair market value is the cost a willing buyer would pay for a product as is; Up to $3,000 in the fair market value of an automobile and 60 days of fuel; $3,000 in business tools if they are used to earn a living; 2012 Edition 115

10 Consumer Information $1,000 in domestic animals and poultry and 60 days of food for the animals; One rifle or shotgun and one pistol up to $1,000 in value; Clothing and jewelry with a market value of less than $1,800; Books, pictures, and musical instruments up to $600 in fair market value; Prescribed health aids; The first $40,000 of equity in your house, or $50,000 if two or more lien holders live in the house; and 25 percent of your total net wages. A creditor who has a judgment against you may try to take your property even though it is exempt. If this happens, you must file a claim of exemption with the court. The creditor or the court should mail you the proper form. This form will list your exempt property and stop the creditor from taking it. It is free to file the claim of exemption, but you must act very quickly to protect your property. The legislature may change the amounts of these exemptions. If anyone sues you, contact an attorney immediately. 10-5 Contracts Before signing any contract, read the entire document. Do not do business with anyone who refuses to give you a copy of the contract before you sign it. If you and the seller make an oral agreement, be sure the written contract states the terms agreed to orally. If the oral agreements are not in the contract, use a pen and write them on the contract; you and the seller should initial or sign next to the added terms. This addition to the written contract will prevent misunderstandings about the oral agreements. 116 Legal Issues for Older Adults

Section 10-5 Contracts Do not sign a contract if you feel pressured or rushed to sign. Someone in a hurry to make you sign should always make you suspicious. If you do not 10 understand terms, ask questions until you do understand. Take home a copy of the contract before you sign it, even if the sales associate argues. Remember to get, in writing, any right to cancel the contract that the seller promises you. You can usually cancel contracts only from door-to-door sales unless specified in the contract. Most other contracts are binding as soon as you sign. Never sign a contract with blank spaces that can be filled in later. Do not sign a contract that takes away your legal rights unless you know what you are giving up and agree to do so. Insist that all guarantees and warranties be in writing. Keep copies of all contracts, receipts, payment records, and letters you send about the product or service. Before you sign a sales contract, ask yourself these questions: Do I really want what I am buying? Do I understand the contract I am about to sign? Do I know the total price, including interest and other charges, I will have to pay? Do I know how many payments I will have to make? Can I purchase the same item at another store for a cheaper price? Am I getting any guarantees from the store on the product I am buying? Get all guarantees in writing! Can I afford to make the payments the contract requires, even if other, unexpected needs come up? 2012 Edition 117

10 Consumer Information 10-6 Warranties Products come with instructions and information about your consumer rights. This information explains your rights if the product is defective, damages property, or injures people. Warranties explain the obligations of the manufacturer or the seller if the product is defective. Products will come with either an express or implied warranty. Express warranties are written or oral. An implied warranty is not written, but is one that the customer may assume is present in most products. Unless the product specifically excludes use of it, the implied warranty assures that the product will be of good quality and can be used for the purpose it was made. Warranties usually last from 30 days to one or more years. During this time the seller may repair or replace a defective product. Some warranties cover the failure of only certain parts; other warranties cover products only for a short time. Keep your sales receipt to prove you bought the product within the warranty period. Often, warranty registration cards come with the product. If it is a full warranty, you do not have to return the registration card to be protected. The seller giving the full warranty must repair any defects without charge. Consult an attorney if you are experiencing difficulty having your products repaired or replaced. 10-7 Merchandise Complaints If you buy defective goods, send a written complaint to the business that sold them. Be specific about the problem. Include copies, not the originals, of your receipt, checks, bills, warranties, or other documents. Note the following important tips: Tell the seller what you want. Provide your name, address, and telephone number. Send the letter as soon as possible after the problem arises. 118 Legal Issues for Older Adults

Section 10-8 Home Repairs Send the letter to the complaint department, the company president, or the customer service department. You may send the letter to all three. 10 Keep a copy of letters you send. Note the date you send the letter so you know how long the business takes to respond. Allow a reasonable time for response. If you do not receive a response, write another letter. Tell the business that you will seek help from one or more consumer agencies. Contact the Better Business Bureau, local newspaper, radio or TV station, consumer action programs, or the Attorney General s consumer protection division. If you owe money for defective merchandise that has not been repaired or replaced by the seller, you may not have to continue payments. If the amount of the dispute is $10,000 or less, you may sue in small claims court, which does not require an attorney. You can find more information on small claims court at www.oregonstatebar.org. 10-8 Home Repairs Choose the person you hire to repair your home very carefully. Ask for examples of his or her past work and references from previous customers. Seek quotes from several contractors to ensure fair market pricing. Confirm the contractor s full name, address, phone number, and automobile license number. If the person is a licensed contractor, plumber, electrician, etc., confirm their license number. Ask if the repair person is bonded and registered with the State of Oregon Construction Contractors Board (also called the Builders Board). If they are registered, you can complain to the 2012 Edition 119

10 Consumer Information board if the job is not done well. If you have a choice between a worker who is licensed or bonded and one who is not, you are usually safer with the licensed or bonded worker. Get a written estimate from the repair person before you decide to hire them. The estimate will show how much the work will cost. This is very important to prevent problems later. If you have work done on your home, and the workers or suppliers are not paid, they can file liens against your home. They can do this even if you have paid the person you made the contract with. Get receipts showing that the suppliers and subcontractors have been paid before you pay the contractor. See 14, Resources, for contact information. If you are dissatisfied with the work of a licensed contractor, you can ask for help resolving the dispute over the work from the Oregon Construction Contractors Board. (See 14, Resources, for contact information.) Home Repairs on Credit If you intend to pay for repairs on credit, find out if the repair person wants a mortgage on your home to guarantee payment. Consider this very carefully before you agree. The Truth in Lending Act lets a consumer cancel certain contracts within three business days from the day he or she signed the contract; these include: A finance charge or payment in more than four installments; and A mortgage, lien, or other security interest in the consumer s home. The contractor must provide you a written notice explaining your right to cancel the contract. You can use this notice to let the contractor know you want to cancel. You must mail the notice, or your own letter, before midnight of the third business day after you signed the contract. If you cannot make payments to a repair person or contractor who has a mortgage on your home, that person can force the sale of your home to receive payment for your debt. If someone threatens to take your home call an attorney immediately. 120 Legal Issues for Older Adults

Section 10-9 Lost Credit & Debit Cards 10-9 Lost Credit & Debit Cards 10 You must tell the credit card issuer as soon as you are aware that your credit card is missing. After you call the company, write a letter to the issuer. The letter should include your credit card number and the date and time you telephoned the company to report the loss or theft. Be sure to keep a copy of the letter. The Truth in Lending Act protects consumers in this situation. If you tell the company before someone else uses your card, you will not have to pay for the charges that person makes. If you tell the card issuer after someone else uses your card, you will not have to pay more than $50. Generally, you are not held responsible for charges resulting from illegal use of your credit card. Make sure to check your statements monthly or see if your bank has online statements that allow you to check more frequently. Many banks and savings and loan associations offer automatic teller machines or debit cards for point of sale transactions. If your ATM or debit card is lost or stolen, call your bank immediately. If you do this, you can prevent someone from illegally using your card and stealing your money. If you delay, you may lose all of the money taken from your account. Never place any personal identification numbers where a thief can find them. Tell the police and the bank immediately if your card is taken in a theft or robbery. Anyone can obtain a free copy of their credit reports on an annual basis. They can do this to verify that no unauthorized person is using their identity information. To order a report, see 14, Resources. See 14, Resources, for credit report contact information. 2012 Edition 121

Protecting Yourself from Crime and Abuse 11 People of all ages are susceptible to crime but there are precautionary measures one can take to help keep crime away. This chapter will show you how simple, everyday habits help prevent you from being an open target to crime and ways to be more alert to potential problems. In This Section 11-1 Protecting Yourself from Street Crime Section 11-2 Protecting Yourself at Home Section 11-3 Protecting Your Finances Section 11-4 Protecting Yourself from Schemes, Frauds and Rip-offs Section 11-5 Protecting Your Right to Make Decisions Section 11-6 What to do if You are a Victim of a Crime Section 11-7 Protecting Yourself from Violence at Home Section 11-8 Reporting Elder Abuse Find definitions for this term (indicated in bold) in the glossary: Identity theft 123

11 Protecting Yourself from Crime and Abuse 11-1 Protecting Yourself from Street Crime Here are some simple tips to keep you safe when you are out of your home: Do not walk alone on dark, deserted streets. Keep your wallet or purse where pickpockets can t reach them. Hold your purse firmly, and do not leave it unattended on a counter or in a grocery cart. Consider putting money in your pocket so it won t be as easy to grab as a purse strap. If someone grabs your purse, do not put yourself at risk by resisting. Never carry a large sum of money. If you are going out alone at night, let a friend or family member know your plans. When out alone, keep a whistle handy and hold your keys in your hand while walking. Lock your car door, whether you are inside the car or not. Avoid waiting at deserted bus stops. Walk to the next bus stop where others may be waiting. Also, consider taking a taxi and asking the driver to wait until you are inside your destination. If you are riding the bus, be aware of anyone who might be staring at you; ask the driver for help if you feel intimidated. Never hide a door key under the doormat, behind the shutter or in a mailbox. These are familiar places to a burglar. Have a neighbor or family member keep an extra key for you. Keep your window shades pulled at night and while you are undressing. Be cautious as to who knows you are alone. Do not list your phone number in the phone book or display your name on your mailbox. 124 Legal Issues for Older Adults

Section 11-2 Protecting Yourself at Home There is no cost to add your name to the national do not call registry (www.donotcall.gov) which allows you to seek fines against telemarketers who continue to make calls after your name has been on the registry for 31 days. 11 Do not pay your bills by leaving your payments in a flagged mailbox. If you try to resist while being victimized, you may be injured. Other options are: sit down so you are not knocked down, make noise, whistle, or call for help. If you are attacked, tell the police as soon as possible. National do not call registry www.donot call.gov 11-2 Protecting Yourself at Home Turn on lights when you are away; a dark home is an invitation to burglars. Consider timing your radio to come on to suggest human voices at home. Vary the lights you leave on, and use timers. Keep outside lights near doors and large windows turned on. When you plan to be away from home for an extended period of time ask a friend or family member to check on your home each day to turn on different lights, pick up mail, and mow the grass. Place holds on magazine and newspaper subscriptions. Lock your doors and windows whether you are at home or away. Use deadbolt locks that require a key inside and outside. Consider replacing the glass in your door with Plexiglas, Lexan, or covering it with a decorative iron grill. Keep all doors and windows in working order. Interior locks should secure all windows, except emergency exits. Place a broomstick or pole in the track of sliding doors or windows so they cannot be forced open. 2012 Edition 125

11 Protecting Yourself from Crime and Abuse Trim shrubs and bushes that hide doors and windows because they make excellent cover for burglars. Strong outside lighting also discourages burglars. Be suspicious of strangers who come to your door. Do not let strangers into your home. Ask for identification. If the person shows you a business card, call the company for proof. Keep your screen or storm door locked. Do not keep large amounts of money in your house. Burglars look in your bedroom first for valuables, so put valuables somewhere else in the house or in a safe deposit box. Mark your valuables with an identification number or name. It is a good idea to use the initials of the state you live in (i.e., OR ) as part of the identification. Marked valuables are harder for thieves to sell and easier for the police to return. Your local police department can refer you to an engraving service. Some libraries have engraving tools to lend. 11-3 Protecting Your Finances Changes in the way we conduct our affairs have made protecting our finances more of a challenge in recent years. Maintaining independence sometimes means relying on strangers who come into the home to provide a service. We use, and often lose, credit cards, debit cards, ATM cards, and phone cards. Traditional crimes, such as the theft of cash and cars, have not decreased. They have been joined by a more troublesome crime known as identity theft. Identity theft occurs when someone uses your name or other personal information to obtain credit cards, bank accounts, loans (including mortgages on your home), and consumer items and services. Identity thieves can acquire information you share over the Internet or phone, through information you leave in the trash at home or in public places. Credit card numbers can be copied by readers placed in public areas, such as at teller machines. They can steal your mail or have your mail forwarded to a new address. They can pretend to be an employer, maintenance people, bankers, family members in need, or a landlord in order to fish information about you from others. 126 Legal Issues for Older Adults

Section 11-3 Protecting Your Finances There are ways to protect your finances directly and indirectly. Have your Social Security check and pension check deposited directly into your bank account. 11 Pay bills by check or over secured internet transactions rather than by cash. Do not discuss your personal finances with a stranger. Do not discuss your financial affairs in public. Do not carry large sums of money. Keep a list of your credit cards somewhere other than your wallet to make it easier to report a loss. Report any loss right away. You can replace credit cards and checks. If you carry a purse, consider carrying cash, checks, and credit cards in separate holders to reduce a loss if a pickpocket reaches into it. See 13 for information on stolen credit cards. Do not make a large down payment for work being performed for you. Also, do not make the final payment until you are satisfied with the work. Be aware of the various scams targeting older people. These can involve offers for roofing or siding work, health insurance, investment opportunities, or other ways to separate you from your money, car, and home. Do not give your money to a stranger or to an unverified person over the phone. Do not give anyone the title to your home or car. If you agree to co-sign or guarantee a loan for a relative or a friend, you are agreeing to make all the payments if the friend or relative does not make the payments. Think twice before signing any documents. Store personal and financial information in a place where others are unlikely to find it. Guard your Social Security number, Medicare number, and driver s license number. Do not have them printed on your checks. Before providing personal identifying information, ask why it is needed, how it will be used, and whether it will be shared with others. 2012 Edition 127

11 Protecting Yourself from Crime and Abuse If asked to provide your Social Security number, ask what law requires you to provide it. Review every credit card statement to ensure your credit card information is not used without your authorization. Look for large and small purchases. Contact the card company immediately if there are charges you do not recognize. If your bills don t arrive on time, they may have been forwarded by an identity thief. Ask the post office about your mail; if it has been diverted, contact the authorities and your credit card companies, bank, and creditors. Close any account you do not need or use. Shred old bank statements, bills, receipts, cancelled checks, credit card offers and applications, insurance forms, etc., before recycling them. Carry your Social Security card, extra credit cards or other identity documents only when they are specifically needed. At all other times, store them in a safe place. Review your Social Security earnings and benefits statement every year to verify no one has been claiming your wages or benefits. Keep copies of all your credit cards, driver s license, and account numbers in a safe place in case your wallet or purse is stolen. Do not write your ATM pin on the card. Obtain a copy of your credit report from each of the major credit reporting agencies annually. Make sure it is accurate. Remove your name and personal information from the marketing lists of these agencies. Never divulge identifying information over the phone unless you are the one who made the phone call and you trust the business. Legitimate companies that you do business with have all the information they need, so they won t ask you for it. Resist kind offers of caregivers and others to add their names onto your property or accounts or to assume your power of attorney, unless you are doing so as part of a well-thought-out plan and can monitor and limit their actions. 128 Legal Issues for Older Adults

What if Your Identity has been Stolen? Section 11-3 Protecting Your Finances The Federal Trade Commission recommends you contact the fraud departments of each of the major credit bureaus to ask that a fraud alert be placed in your file. You can also request a freeze of your credit until you tell them to allow your credit to be used again. Freezing your account will make it difficult for you to open new accounts or obtain mortgages or lines of credit on your property. 11 Contact all creditors who have accounts that have been misused or opened fraudulently, and speak with someone in their security or fraud units; follow up the phone call with a letter. Be sure to keep copies of the letters. Contact your local police or the police where the identity theft took place. Contact the Federal Trade Commission Identity Theft Hotline about other steps you must take, including obtaining an ID Theft Affidavit to help you clear your name. (See 14, Resources.) See 14, Resources, for more information. Special Consideration for Internet Usage The Internet has allowed us to communicate, socialize, and shop from the comfort of our homes. The explosion of Internet usage has also opened the door to thieves who want to steal our information. Only do business with known companies. Do not provide your name, credit card number, or other identifying information unless you know the company will protect it. Never enter your personal information on a pop up window. Do not open emails from people you don t know or businesses you do not work with. These emails can contain viruses that can steal your information. If a company you do business with sends you an unexpected email, do not open any attachments or provide identifying information or credit card numbers. Keep your computer s virus protection up to date. 2012 Edition 129

11 Protecting Yourself from Crime and Abuse Only place prescriptions with U.S. pharmacies. Make sure the website requires a prescription and has a pharmacist available for questions. Do not give money to anyone that you have met over the Internet. Only give money to established charities, especially after a natural disaster. Be cautious of what you post on the Internet. Often social media sites allow you to keep your information private but privacy settings often change. Make sure to periodically check the privacy information. Never give your home address over public sites or to people you only know through the Internet. Online Purchasing If you purchase an item or a service using your credit card on the Internet, avoid giving your card information to a seller who has solicited you with an online advertisement. Do business only with known companies that you seek out, and provide the information only if the business provides a secure access connection. Always save a copy of your order and the company s acknowledgment of the order. Never meet someone at your home or schedule an exchange at a secluded location. 11-4 Protection from Schemes, Frauds and Rip-offs Not all offers are schemes and there are legitimate businesses that provide certain services that are listed here such as pre-paid burial plots, insurance, and hearing aids. However, be careful when purchasing, use the tips outlined here, and always work with reputable agencies. The following list includes common schemes but is not all inclusive. If you ever have a question about a product or service, ask the company questions, seek advice from friends or family, and call consumer groups. 130 Legal Issues for Older Adults

Section 11-4 Protection from Schemes, Frauds and Rip-offs Hearing Aid Purchases Have your doctor test your hearing before you decide to buy or replace a hearing aid. Do not believe ads offering an effective hearing aid at a bargain price. You may not get the value expected. Shop around and compare prices. 11 Insurance Do not purchase coverage you do not need or coverage that duplicates what you already have. Before buying or changing coverage, discuss your plans with someone you trust. Pre-Paid Burial Plans Read the burial policy carefully before you invest. Make sure you understand all conditions before you purchase a plan. Under some plans, you will receive the benefits no matter how long you have made payments. Other plans require you to pay a set amount before you receive any benefits. Bait and Switch A bait and switch occurs as follows: an ad lures you into the store to purchase items available only in limited quantities. Once you get to the store, a salesperson tries to sell you a more expensive item than the one advertised. If the advertised item is the bargain you expected, do not let the salesperson convince you to spend more on another item. Stores must have enough stock of an advertised product to satisfy reasonable public demand. If the product is out of stock, insist on a rain check so that you can still take advantage of the sale price once the item is restocked. Person in Need This scheme generally takes place over the phone or internet with a person in need, sometimes posing as a family member or friend. The person may say they are calling from the hospital, jail, or a foreign country and they need money transferred to get them out of the situation. Confirm the situation with others before taking any action. 2012 Edition 131

11 Protecting Yourself from Crime and Abuse Pigeon-Drop This scheme takes advantage of people by convincing them to trust the person running the scam. An individual may promise to give you money or valuable property only if you give your own money to be held as collateral. The person then takes the money and disappears. A variant of this scheme appears often on the Internet, where a deposed prince or other dignitary from a foreign country must find a safe place to keep money, knows you are trustworthy, and gets you to turn over your bank account number to deposit the money there. Instead of having extra money in your account you then learn that you have no money in your account: the prince has absconded with it. Door-to-Door Sales You do not have to talk to door-to-door salespeople or let them into your house. If you do not want to buy anything, simply ask the salesperson to leave. If you decide to sign a sales contract, the salesperson must give you a notice explaining your rights to cancel the contract and where to send the cancellation notice. Ask for a copy of any document you sign and the notice of your rights to cancel the contract. Keep a copy of your written notice. You can cancel the sale even if you paid cash, but you must act fast. Send a letter (stating the date) to the company within three business days to confirm you are canceling the sale. Keep a copy of the letter. You cannot cancel the sale if the purchase was under $25. Consult a lawyer if you need help canceling a sale. Telephone Sales See 14, Resources, for information on the do not call registry. The telephone is one of the most effective weapons crooks use to take advantage of seniors. To avoid being hounded by telephone solicitors, you can join the national do not call registry. (See 14, Resources.) The registry makes it illegal for commercial callers to contact you against your wishes. The national registry is free. If you don t mind listening to telephone sales pitches, be careful not to give out any identifying information about yourself that can be used to get your money or misuse your credit through identity theft. 132 Legal Issues for Older Adults

Section 11-6 What to Do if You Are a Crime Victim 11-5 Protecting Your Right to Make Decisions 11 Some older people permit a friend or family member to handle their finances. In a few cases, the person may misuse the money or try to intimidate or control the senior, causing financial or personal harm to the senior. Oregon law allows you to file a lawsuit for monetary damages against someone who controls your money or belongings and who abuses you or your finances. Talk to a lawyer if you have questions about financial documents that a friend or family member wants you to sign, or if you think your funds are being misused. Some people may attempt to defraud you by asking for a loan. Say no if you are uncomfortable being asked to lend money. If you can t say no, ask a friend to help you. A friend or family member may try to force you to create a will or a power of attorney in that person s favor. If someone takes you to see a lawyer for that purpose, you have the right to meet alone with the lawyer and say that you are not acting of your own free will. The lawyer cannot ethically force you to sign anything you do not agree to. The lawyer cannot disclose to others the details of your consultation. (You also can revoke a will by destroying it or replacing it with a different will.) 11-6 What to Do if You Are a Crime Victim If you are the victim of a crime, call the police and report the offense, no matter how embarrassed you feel. Try to remember everything about the crime and describe it to the police officer on the scene. Oregon sponsors the Crime Victims Compensation Program. This program eases the financial losses of the victim and the victim s family only if the victim was injured or killed by a crime. You must complete an application form available from the program. (See 14, Resources.) Your local 2012 Edition 133

11 Protecting Yourself from Crime and Abuse district attorney s office can help you contact your local victim/witness program to provide you with support in the case of burglaries and any other crimes. 11-7 Protecting Yourself from Violence at Home If a family member or person in your home has threatened you with violence or abused you, the Oregon Family Abuse Prevention Act (FAPA) can help protect you. Under FAPA, you obtain an order keeping the abuser from contacting you or coming to your home, school, or workplace. In some cases, the court can order the abuser to leave the shared family home. To qualify for a FAPA restraining order, you must show: The violence or threats occurred within 180 days of your petition for the order; The abuser intentionally or recklessly caused or tried to cause bodily harm or placed you in fear of serious harm; and The abuser is a spouse, former spouse, adult relative (by blood, adoption or marriage), person living in the same house, person who has lived in the same house with you within the last two years, or the other parent of your child. People age 65 and older or people with disabilities can also obtain a restraining order against family members, household members and certain caregivers under the Abuse Prevention Act for Elders and Persons with Disabilities. To qualify you must show there has been violence, threat of violence, neglect, abandonment, or verbal abuse that is likely to cause significant physical or emotional harm. You can also qualify if someone has improperly taken from you or refused to return your possessions or assets. 134 Legal Issues for Older Adults

Section 11-8 Reporting Elder Abuse Abuse restraining orders are free. You can obtain the necessary forms and instructions from the circuit court clerk at your county courthouse. Immediate help is available from the police if your abuser disobeys the court order and comes to your home or workplace or threatens you. 11 The court order is valid for one year and can be renewed by order within the year for good reason. The Victims Assistance Program in your county district attorney s office can help you prepare the needed forms and refer you to safe shelters and other protective services. See 14, Resources, for more information. The State Office for Seniors and People with Disabilities is another resource. It investigates complaints of abuse involving seniors and people with disabilities. (See 14, Resources for contact information.) 11-8 Reporting Elder Abuse The abuse of our elderly population is a growing problem. Abuse can take on many forms and can occur anywhere. Abuse often goes unreported if it is perpetrated by a relative or close friend of the elderly person. For the purpose of Oregon state law regarding elderly abuse, an elderly person is defined as anyone over age 65. Abuse includes: Physical injury to the senior not resulting from an accident; Neglect that leads to physical harm; Abandonment; A caregiver neglecting duties and obligations; Willful infliction of physical pain or injury; Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments, or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with a disability; 2012 Edition 135

11 Protecting Yourself from Crime and Abuse Certain sweepstakes promotions; Wrongfully taking or appropriating money or property; or Nonconsensual sexual contact. Section 4 Toll-free abuse hotline 1-800-232-3020 Some people, such as attorneys, are mandatory reporters Even if you are not required by law to file a report, if you see or have reason to believe abuse is occurring, file a report. Like any criminal behavior, it is best to report the suspected abuse and let the authorities investigate the matter. You can report abuse by calling the toll-free abuse hotline at 1-800-232-3020 or calling the local law enforcement agency in the county where the abuse occurred. Adult Protective Services will arrange for immediate protection of the senior, determine the senior s ability to participate in the investigation and arrange for services to prevent future abuse. If you file a report of suspected elder abuse, and you do so in good faith, you will be protected from potential civil liability that could otherwise result from the report. 136 Legal Issues for Older Adults

Family Relationships 12 Family dynamics can change due to marriage, divorce, death, birth, etc. Seniors, especially grandparents, are often affected by these changes. This chapter highlights the impact of changing family relationships In This Section 12-1 Grandparent Visitation Section 12-2 Custody of Grandchildren Section 12-3 Dissolution of Marriage/ Domestic Partnerships 137

12 Family Relationships 12-1 Grandparent Visitation If you have a dispute with your adult child(ren) or if one of your children divorces, you could be denied contact with your grandchildren. If a parent does not let you visit your grandchildren, a court can order the parent to allow grandparent visitation. You must prove to the court that you already have a strong relationship with the grandchild(ren) and that your spending time with them is in their best interest. Some counties may want you to meet with a trained mediator and the grandchild(ren) s parents or custodian to attempt to reach an agreement before the court hears your case. If you have concerns about being kept from your grandchildren, talk to a lawyer about visitation rights. If the court grants visitation rights, your rights continue if the parents divorce or legally separate, or if one or both of the parents die. Your rights may end if your grandchild is adopted or if the parents lose their rights over the child. 12-2 Custody of Grandchildren Sometimes grandparents care for grandchildren permanently or temporarily. If you are caring for grandchildren for a short time, you should obtain written permission from at least one parent to authorize school attendance and emergency medical care for the child. A delegation of guardianship form is valid for up to six months. However, the parent can revoke the delegation at any time. If you expect to care for your grandchild(ren) for an extended time, you may want to seek legal guardianship over the child. A legal guardianship gives you stronger authority over the child s care and well-being. Legal guardianship generally allows you to cover the grandchild(ren) under 138 Legal Issues for Older Adults

Section 12-3 Dissolution of Marriage/Domestic Partnership your health insurance. The court may also order the child(ren) s parents to pay child support. You must apply to a circuit court to become your grandchild(ren) s guardian. If the parents do not agree to the guardianship, you must demonstrate to the court why the child needs a guardian. With or without a guardianship, you may qualify for Temporary Assistance for Needy Families (TANF) and Medicaid coverage for a grandchild in your care. (See 14, Resources.) In unusual circumstances, grandparents may seek full legal custody of a grandchild. To win legal custody without the cooperation of the parents, you must show the court that the parents are unfit to maintain custody of the child. You also must show that it is in the child s best interest for you to have custody. The Oregon Department of Human Services and AARP published Oregon s Legal Guide for Grandparents and Other Relatives Raising Grandchildren, which describes grandparents rights in greater detail. (See 14, Resources.) 12 See 14, Resources, for contact information. 12-3 Dissolution of Marriage/ Domestic Partnership A divorce judgment restores your status to that of a single person. It also divides your property and debts and may provide for spousal support when appropriate. Either spouse may receive temporary or permanent spousal support. The law requires the court to consider each person s job skills, income, resources, age, and health in deciding to order support and how much to award. You can get a divorce in Oregon if you or your spouse has been living in Oregon for six months prior to filing, and can file for a legal separation before six months. A legal separation settles the same issues as a divorce, except that it does not free you to remarry. Either spouse can change the legal separation to a divorce at a later time by petitioning the court for a divorce. 2012 Edition 139

12 Family Relationships If you move to Oregon and leave your spouse behind in another state, an Oregon court may not be able to decide property, child custody, and support issues. A family law lawyer can help you determine the state to file your case. If you cannot agree on care and support for minor children or the division of property or debts, each of you should consult a lawyer. One lawyer cannot protect the interests of both sides. You may have more property than you realize. Property includes more than home, cars and household items; property also includes the cash value of life insurance, future pensions and retirement benefits. Inheritance and gifts may be included in some instances. Usually, the part of a pension earned during the marriage is property the court can divide. This can happen even if you are not currently receiving benefits from the pension. If your divorce involves a pension, you should get legal advice. A divorce may interrupt your ability to receive certain spousal benefits for veterans. Speak to an attorney about veteran status of yourself or spouse before filing for a divorce. Short Form Divorce Married couples who meet all of the following requirements can use the short forms available at courthouses to file for a divorce without a lawyer: You or your spouse are residents of and have been living in Oregon for the last six months; You have not been married for more than 10 years; Neither you nor your spouse owns any real property; Neither you nor your spouse owns personal property worth $30,000 or more; You have not incurred more than $15,000 in debts from the date of your marriage; 140 Legal Issues for Older Adults

Section 12-3 Dissolution of Marriage/Domestic Partnership You are not asking for spousal support; You do not have minor children, children older than 18 attending school, or children born to you or adopted by you and your spouse either before or during the marriage; 12 The wife is not pregnant. If a child was conceived or born to the wife during the marriage, but the husband is not the father, you should discuss this with a lawyer before filing for divorce; You are not seeking temporary orders (except a restraining order in a domestic violence situation); You are unaware of any other divorce or annulment proceedings involving this marriage that are filed and pending a decision by the court; and You and your spouse agree on how to divide your belongings and debts. If you meet all of the above requirements, contact the circuit court clerk in your county to obtain the forms free of charge. If neither you nor your spouse can afford to pay filing fees, you may request a fee waiver. In some counties, the court will not waive fees but will defer them until you can afford to pay. If fee waiver or deferral forms are not available at the courthouse, you may be able to obtain them from your local legal aid office or a private lawyer. Pro Se (Self-help) Divorce Couples who do not meet the requirements for a short-form divorce can file for divorce without using legal representative, although the process can be frustrating without help. The forms needed for an uncontested divorce (a divorce in which the parties do not argue over property, debts or children) are available at most courthouses and can be downloaded from the Oregon Judicial Department website at www.ojd.state.or.us. (Check with your local court to find out exactly which forms it will accept.) Oregon Judicial Department www.ojd.state. or.us 2012 Edition 141

12 Family Relationships Use of Former Name When you marry, you can keep your own name or use your spouse s name. You also can resume using your own name after taking your spouse s name. When you divorce, the court will enter an order allowing you to use any former name. Anticipating Marriage Often, people marrying later in life have property or children from earlier relationships. A prenuptial agreement allows the couple to decide, in advance, what rights each of them will keep over certain property if a divorce or death occurs. The prenuptial agreement must be in writing and signed by both parties. The couple can revoke or change the agreement later only by a signed written agreement. People who want such an agreement should speak to separate lawyers well before the wedding. If there is a divorce, will contest, or other action where property rights are an issue, a prenuptial agreement would help decide the matter. 142 Legal Issues for Older Adults

When a Loved One Passes Away 13 The death of a loved one is not an easy time. In addition to dealing with the emotional impact, there are a number of items that need to be addressed to make sure their estate is in order. This chapter will touch on these. In This Section 13-1 Responsibilities of the Personal Representative after a Death Section 13-2 The Probate Process Find definitions for this term (indicated in bold) in the glossary: Personal representative Probate 143

13 When a Loved One Passes Away 13-1 Responsibilities of the Personal Representative after a Death There are a number of items that need to occur within the first few hours, days, and weeks of a loved one s death. Many of these responsibilities will be yours if you are the appointed personal representative or the spouse of the person who passed away. A personal representative is usually named in the person s will. If there is no will, no named person, or the named person is not willing to serve as the personal representative, the court can select a personal representative. Generally the personal representative will be a spouse, relative, or close friend; sometimes a bank, trust company, or lawyer will be selected if no one else is available. Within the first day A medical professional will need to pronounce the person as deceased. Notify a staff member or medical person if the person is in the hospital, care facility, or if hospice is involved. Call the paramedics or the police if the person is not at the hospital or in a care setting. Arrange for organ donations if the person wanted to have them donated. Organ donation state registry www.donatelife nw.org A person s desire to have their organs donated will be evidenced by a D on their driver s license or by having their name on the state registry (www.donatelifenw.org). Arrange for temporary care of minor children, dependents, and pets. The person may have left a provision in their will for the continued care of their pets or dependents, but they will need to be cared for until the contents of the will are known and permanent arrangements are made. 144 Legal Issues for Older Adults

Section 13-1 Responsibilities of the Personal Representative after a Death Within the first few days Call immediate family members to let them know the person has passed away. Designate someone to help you make calls to additional family and friends. 13 Order multiple certified copies of the death certificate from the Oregon Department of Human Services by calling 971-673-1190, going in person to 800 NE Oregon Street, Room 205, or ordering online at www.vitalcheck.com (additional charges may apply). You will need to include the deceased person s full name, spouse or domestic partner s name, date of death, place of death, your name and relationship to the deceased or the reason you are seeking the record, your mailing address, phone number, and your signature. You will also need to provide a photocopy of your driver s license or ID. You will need the death certificates for insurance benefits, survivor benefits, VA benefits, and more. Oregan Dept of Human Services death certificates 971-673-1190 www.vital Check.com Start planning the funeral arrangements. Look for funeral or cremation arrangements the person may have pre-planned. This may be outlined in their will or other documents. If the person was a Veteran, contact the federal Department of Veteran s Affairs 800-697-6947 or www.va.gov to inquire about burial benefits. If the person had a religious affiliation, notify the clergy of the church, synagogue, mosque, or place of worship to help with funeral arrangements. They will also be a good resource for family grief counseling. Federal Dept of Veteran s Services 800-697-6947 www.va.gov Contact your local newspaper or the Oregonian (www.oregonlive.com/ obituaries) about placing an obituary or death announcement. The funeral home may do this for you, so speak with them prior to setting it up yourself. Newspaper announcement costs vary based on their length. 2012 Edition 145

13 When a Loved One Passes Away Call the person s place of employment, fraternal organizations, and volunteer organizations to inform them that the person has passed away. If they were receiving public benefits, notify the agency that was providing the benefits. Inform the agency if there is a surviving spouse or dependents as they may be entitled to death benefits or survivor s benefits. Social Security: 800-772-1213, www.ssa.gov Medicaid: call 800-826-5675, 800-273-0557, www.oregon.gov/oha/heathplan. Note: When a Medicaid recipient dies, the state will seek recovery against the person s estate. If there is a surviving spouse, a minor child, or a child that is permanently and totally disabled, the state will hold their claim until that person s death or adoption. VA benefits: www.vba.va.gov PERS: 888-320-7377, oregon.gov/pers Private pensions: contact the company s human resources department or pension plan administrator. Ask if survivor benefits are available. Contact the banks, credit card companies, and other financial institutions the person had credit or money with. Contact all life insurance companies the person had policies with to obtain claim forms. Contact the guardian, conservator, or person with power of attorney (POA) to let them know about the death, as their responsibilities cease upon death. 146 Legal Issues for Older Adults

Section 13-1 Responsibilities of the Personal Representative after a Death Within the first few weeks Contact providers of utility, phone, newspaper, membership companies, etc., to end or change service. 13 Contact the post office to forward mail to yourself or the person who is helping you collect the mail. Locate the person s will and trusts, if any, including codicils and amendments. These may be in their house, with the attorney who prepared the documents, or in a safe deposit box. Contact the personal representative named in the document. Do not transfer any property to family or friends until the probate process is completed. Do not pay for any of the decedent s debts until you speak with an attorney. Gather documents that may be needed such as: Life insurance policies; Income tax returns (at least four years of prior income tax returns); Vital records such as birth, death, marriage, and divorce certificates; Military records including discharge papers, the person s VA number or service number, and dates of active service; Bank, brokerage accounts, and credit card statements; IRA s, stocks, and bond certificates; Utilities and bills; Titles to cars and other motor vehicles, deeds, mortgages, and titles to real property; Business information such as corporate agreements, notes receivable and payable. Change or close down social media sites the person may have utilized. Arrange for the final income tax return and the estate tax return. 2012 Edition 147

13 When a Loved One Passes Away 13-2 The Probate Process Probate is a legal process that takes place after a person dies where the person s estate is distributed with oversight by the court. Probate takes a minimum of four months for a small estate and six months or longer for larger estates. Not every estate will need to go through the probate process; such as where all the titles are held with a surviving co-owner, under some trusts, and if the estate only includes household goods (no real property, large assets, or debts). If there is a will, it will need to be submitted to the court to be proved. A notice to creditors is published in a local newspaper. It may also include steps to For more information on the probate process, see chapter 8. having property paid and payments of debts and taxes. These costs will come out of the estate prior to the distribution of assets. The remaining property will be distributed as designated in the will. If there is no a will or if the will is not valid, the property will be distributed by intestate succession (as discussed in chapter 8). 148 Legal Issues for Older Adults

Resources 14 In This Section 14-1 Section 14-2 Section 14-3 Section 14-4 Section 14-5 Section 14-6 Section 14-7 Section 14-8 Section 14-9 Section 14-10 Section 14-11 Section 14-12 Section 14-13 Section 14-14 Section 14-15 Local Area Agency on Aging (AAA) & Senior and People with Disability (SPD) Legal Services Social Security Administration Department of Revenue Low Income Services Abuse Resources Age Discrimination Resources Veterans Resources Health Care Decisions Additional Resources Medicare & Medicaid Retirement Insurance Suggested Reading Consumer Protection 149

14 Resources 14.1 Local Area Agency on Aging (AAA) and Senior & People with Disability (SPD) Oregon Department of Human Services Seniors & People with Disabilities 500 Summer Street NE, Salem, OR 97301 503-945-5811 TTY: 503-282-8096 www.oregon.gov/dhs DHS Governor s Advocacy Office 800-442-5238 503-945-6904 www.oregon.gov/dhs/aboutdhs/gao.shtml Pain Management Program 503-373-1605 150 Legal Issues for Older Adults

Section 14.1 Local Area Agency on Aging (AAA) Offices Local AAA and SPD 14 Baker County Baker County SPD 3165 10th St, Ste 400 Baker City, OR 97814 541-523-5846 Community Connection of Northeast Oregon, Inc. 2810 Cedar St Baker City, OR 97814 541-523-6591 Benton County Oregon Cascades West Council of Governments 1400 Queen Ave SE, Ste 206 Albany, OR 97322 541-967-8630 www.ocwcog.org Clackamas County Clackamas Area Agency on Aging 2051 Kaen Rd, 1st Floor Oregon City, OR 97045-0295 971-673-7600 Canby 214 SW 2nd Ave Canby, OR 97013 503-263-6700 Estacada 320 SW Zobrist St Estacada, OR 97023 503-630-4605 Milwaukie 4382 SE International Way, Ste C Milwaukie, OR 97222 971-673-6600 Oregon City 221 Molalla Ave, Ste 104 Oregon City, OR 97045 971-673-7600 Clatsop County Northwest Senior & Disability Services (NWSDS) 2002 SE Chokeberry Ave Warrenton, OR 97146 503-861-4200 www.co.clackamas.or.us/ socialservices 2012 Edition 151

14 Resources Local Area Agency on Aging (AAA) Offices Columbia County Area Agency on Aging 125 N 17th St St Helens, OR 97051 503-397-3511 St. Helens SPD 500 N Highway 30, Ste 240 St Helens, OR 97051 503-397-5863 Coos County Area Agency on Aging 93781 Newport Lane Coos Bay, OR 97420 541-269-2013 TTY: 541-267-4477 North Bend SPD 3030 Broadway St North Bend, OR 97459 541-756-2017 TTY: 541-756-8799 Crook County Prineville SPD 457 NE Ochoco Plaza Dr, Ste C Prineville, OR 97754 541-447-4511 Curry County Area Agency on Aging 93781 Newport Lane Coos Bay, OR 97420 541-269-2013 Brookings 586 5th St, Ste 200 Brookings, OR 97415 541-269-2013 Gold Beach 94145 5th Place Gold Beach, OR 97444 541-247-4515 Deschutes County Central Oregon Council on Aging 373 NE Greenwood Ave Bend, OR 97701 541-678-5483 Douglas County Douglas County Senior Services 621 W Madrone St, Room 316 Roseburg, OR 97470 541-440-3580 ww.co.douglas.or.us/health 152 Legal Issues for Older Adults

Section 14.1 Local Area Agency on Aging (AAA) Offices Local AAA and SPD 14 Gilliam County See Wasco County Grant County Grant County Services 142 NE Dayton St John Day, OR 97845 541-575-2949 Harney County Burns/Harney 809 W Jackson St, Ste 300 Burns, OR 97720 541-573-2691 Harney County Senior Citizens, Inc. 17 S Alder St PO Box 728 Burns, OR 97720 541-573-6024 Hood River County See Wasco County Jackson County Medford Senior Services Office 2860 State St Jefferson County Madras SPD 678 NE Highway 97, Ste D Madras, OR 97741 541-475-6773 TTY: 541-475-2292 Josephine County Grants Pass Senior & Disability Services Office 2166 NW Vine St, Ste J Grants Pass, OR 97526 541-474-3110 Klamath County & Lake County Klamath Basin AAA 700 Main St, Ste 107 Klamath Falls, OR 97601 541-205-5400 Lane County Eugene SPD Lane Council of Governments 1015 Willamette St, Ste 200 Eugene, OR 97440 541-682-4498 www.sdslane.org Medford, OR 97504 541-776-6222 2012 Edition 153

14 Resources Local Area Agency on Aging (AAA) Offices Lane County, continued Cottage Grove SPD Lane Council of Governments 37 N 6th St Cottage Grove, OR 97424 541-682-7800 www.sdslane.org Florence SPD 3180 Highway 101 Florence, OR 97439 541-902-9430 www.sdslane.org Lincoln County Toledo/Lincoln SPD 203 N Main St Toledo, OR 97391 541-336-2289 Linn County See Benton County Malheur County Malheur Council on Aging 842 SE 1st Ave Ontario/Malheur SPD 186 E Lane, Ste 4 Ontario, OR 97914-1849 541-889-7553 Marion County North Salem 3410 Cherry Ave NE PO Box 12189 Salem, OR 97309 503-304-3400 www.nwsds.org South Salem 3501 Fairview Industrial Dr SE PO Box 12099 Salem, OR 97309 503-798-7380 www.nwsds.org Woodburn 1320 Meridian Dr Woodburn, OR 97071 503-981-5138 www.nwsds.org Ontario, OR 97914 541-889-7651 154 Legal Issues for Older Adults

Section 14.1 Local Area Agency on Aging (AAA) Offices Local AAA and SPD 14 Morrow County Community Action Program East Central Oregon 721 SE 3rd St, Ste D Pendleton, OR 97801 541-276-1926 Hermiston SPD 940 SE Columbia Dr Hermiston, OR 97838 541-567-2274 Multnomah County East Multnomah 600 NE 8th St, Room 100 Gresham, OR 97030 503-988-3840 Mid County Office 10615 SE Cherry Blossom Dr Portland, OR 97216 503-988-5480 http://web.multco.us Portland North/NE 5325 NE MLK Jr Blvd Bldg 322A, Main Floor Portland, OR 97211-3237 503-988-5470 Portland SE 4610 SE Belmont St, Ste 200 Portland, OR 97215 503-988-3660 Portland West 421 SW Oak St, Ste 175 Portland, OR 97204 503-988-5460 Polk County Dallas Aging & Disability Services 260 NE Kings Valley Hwy Dallas, OR 97338 503-623-2301 www.nwsds.org Sherman County See Wasco County Tillamook County Northwest Senior & Disability Services 5010 E 3rd St Tillamook, OR 97141 503-842-2770 Umatilla County See Morrow County 2012 Edition 155

14 Resources Local Area Agency on Aging (AAA) Offices Union County Community Connection of Northeast Oregon, Inc. 1504 Albany St La Grande, OR 97850 541-963-7532 La Grande SPD 1607 Gekeler Lane La Grande, OR 97850 541-963-7276 Wallowa County Community Connection of Wallowa County 702 NW 1st St Enterprise, OR 97828 541-426-3840 Enterprise SPD 104 Litch St PO Box 180 Enterprise, OR 97828 541-426-3155 Wasco County Mid-Columbia COG 1113 Kelly Ave The Dalles, OR 97058 541-298-4101 The Dalles SPD 3641 Klindt Dr The Dalles, OR 97058 541-298-4114 Washington County Beaverton SPD 4805 SW Griffith Dr Beaverton, OR 97005 503-627-0362 Hillsboro SPD 133 SE 2nd Ave Hillsboro, OR 97123 503-640-3489 Tigard SPD 11515 SW Durham Rd, Ste E-5 Tigard, OR 97224 503-968-2312 Wheeler County See Wasco County Yamhill County Northwest Senior & Disability Services 300 SW Hill Rd McMinnville, OR 97128 503-472-9441 156 Legal Issues for Older Adults

14.2 Legal Services Section 14.2 Legal Services 14 Oregon State Bar 16037 SW Upper Boones Ferry Rd Tigard, OR 97224 503-620-0222 / 800-452-8260 www.osbar.org Oregon State Bar Lawyer Referral Service 503-684-3763 / 800-452-7636 www.osbar.org/public/ris/lrsform.html Oregon State Bar Legal Links www.oregonstatebar.org Information on various topics including: Business Law Consumer Rights Courts Index Criminal Law Disability Law Disputes Elder Law Employment & Public Benefits Family Law Immigration Landlord Tenant Wills & Trusts Department of Justice Consumer complaints and help with child support 1162 Court St NE Salem, OR 97301-4096 503-378-4400 2012 Edition 157

14 Resources Legal Aid Services www.oregonlawhelp.org OLC = Oregon Law Center LASO = Legal Aid Services of Oregon Baker County OLC Ontario Regional Office 225 SW 1st Ave, #6 Ontario, OR 97914 541-889-3121 Benton County LASO Albany Regional Office 433 4th Ave SW Albany, OR 97321 541-926-8678 Clackamas County LASO Oregon City Regional Office 421 High St, Ste 110 Oregon City, OR 97045 503-655-2518 Clatsop County Served by LASO Hillsboro Regional Office, see Washington County Columbia County Columbia County Legal Aid (a volunteer lawyer referral program) 270 S 1st St St Helens, OR 97051 503-397-1628 Also served by LASO Hillsboro Regional Office, see Washington Co. Coos County OLC Coos Bay Office 455 S 4th St, Ste 5 Coos Bay, OR 97420 541-269-1226 Crook County Served by LASO Bend Regional Office, see Deschutes County Curry County Served by LASO Bend Regional Office, see Deschutes County Deschutes County LASO Bend Regional Office 1029 NW 14th St, Ste 100 Bend, OR 97701 541-385-6944 158 Legal Issues for Older Adults

Legal Aid Services by County Section 14.2 Legal Services 14 Douglas County LASO Roseburg Regional Office 700 SE Kane St Roseburg, OR 97470 541-673-1181 Also served by OLC Coos Bay Office, see Coos County Gilliam County LASO Pendleton Regional Office 365 SE 3rd St Pendleton, OR 97801 541-276-6685 Also served by LASO Oregon City Regional, see Clackamas County Grant County Served by OLC Ontario Regional Office, see Baker County Harney County Served by OLC Ontario Regional Office, see Malheur County Hood River Served by LASO Oregon City Regional, see Clackamas County Jackson County Center for Non-Profit Legal Services 225 W Main St / PO Box 1586 Medford, OR 97501 541-779-7000 www.cnpls.org Jefferson County Served by LASO Bend Regional Office, see Deschutes County Josephine County OLC Grants Pass Office 424 NW 6th St, Ste 102 Grants Pass, OR 97528 541-471-3033 Klamath County LASO Hotline 541-882-6982 Lake County LASO Hotline 541-882-6982 Lane County Lane County Legal Aid & Advocacy Center 376 E 11th Ave Eugene, OR 97401 541-485-1017 www.lclac.org 2012 Edition 159

14 Resources Legal Aid Services by County Lincoln County LASO Lincoln County Office (Serves Lincoln County, which includes the reservations of the Confederated Tribes of the Siletz Indians of Oregon.) 304 SW Coast Highway Newport, OR 97365 541-265-5305 Linn County LASO Albany Regional Office 433 4th Ave SW Albany, OR 97321 541-926-8678 Malheur County OLC Ontario Regional Office 225 SW 1st Ave, Ste 6 Ontario, OR 97914 541-889-3121 Marion County Legal Aid 1655 State St Salem, OR 97301 Multnomah County LASO Multnomah County Office 921 SW Washington St, Ste 500 Portland, OR 97205 503-224-4086 Polk County Marion-Polk Legal Aid, Main Office 1655 State St Salem, OR 97301 503-581-5265 Marion-Polk Legal Aid, Independence Office 769 N Main St, Ste B Independence, OR 97351 503-581-5265 Sherman County Served by LASO Oregon City Regional, see Clackamas County Tillamook County Served by LASO Hillsboro Regional Office, see Washington County 503-581-5265 Morrow County Served by LASO Pendleton Regional, see Umatilla County 160 Legal Issues for Older Adults

Legal Aid Services by County Section 14.2 Legal Services 14 Umatilla County LASO Pendleton Regional Office 365 SE 3rd St Pendleton, OR 97801 541-276-6685 Union County Served by LASO Pendleton Regional Office, see Umatilla County Wallowa County Served by LASO Pendleton Regional Office, see Umatilla County Wasco County Served by LASO Oregon City Regional, see Clackamas County Washington County LASO Hillsboro Regional Office 230 NE 2nd Ave, Ste A Hillsboro, OR 97124 503-648-7163 Wheeler County Served by LASO Pendleton Regional, see Umatilla County Also served by Oregon City Regional, see Clackamas County Yamhill County McMinnville OLC (A satellite office of LASO-Hillsboro) 720 E 3rd St McMinnville, OR 97128 503-472-9561 2012 Edition 161

14 Resources 14.3 Social Security Administration Social Security Administration 800-772-1213 www.ssa.gov Local Offices Albany 1390 Waverly Dr SE, Ste 110 Astoria 115 W Bond St Bend 336 SW Cyber Dr, Ste 100 Beaverton 11975 SW 2nd St, Ste 100 Eugene 2504 Oakmont Way LaGrande 2205 Cove Ave Medford 3501 Excel Dr, Ste 101 North Bend 3661 Broadway Ontario 908 SE 5th Ave Oregon City 194 Beverly Dr Pendleton 325 SE Byers Ave Portland, East 2625 SE 98th Ave Portland, Gresham 17925 SE Division St Portland, North 221 NE Schuyler St Portland, West 1538 SW Yamhill St Roseburg 1730 NW Hughwood Ave Salem 530 Center St NE, Ste 530 The Dalles 401 E 3rd St, Ste 110 162 Legal Issues for Older Adults

Section 14.4 Department of Revenue 14.4 Department of Revenue 14 Oregon Department of Revenue 955 Center St NE, Salem, OR 97301-2555 503-378-4988 / 800-356-4222 / TTY: 800-886-7204 Fax: 503-945-8738 www.oregon.gov/dor Local Offices Bend 951 SW Simpson Ave, Ste 100 Bend, OR 97702 541-388-6139 Coos Bay 1155 S 5th St, Ste A Coos Bay, OR 97420 541-266-0217 Eugene 1600 Valley River Dr, Ste 310 Eugene, OR 97401-2160 541-686-7935 Gresham 1550 NW Eastman Pkwy, Ste 220 Gresham, OR 97030 503-674-6272 Medford 3613 Aviation Way, Ste 102 Medford, OR 97504 541-858-6500 Newport 119 4th St NE, #4 Newport, OR 97365 541-265-5139 Pendleton 700 SE Emigrant, Ste 310 Pendleton, OR 97801 541-276-7810 Portland 800 NE Oregon St, Ste 505 Portland, OR 97232 971-673-0700 Taxpayers age 65 or older should refer to IRS publication 554, Tax Benefits for Seniors. This publication is available free by writing or calling your local Internal Revenue Service Office. It may also be found in the IRS website, www.irs.gov. 2012 Edition 163

14 Resources 14.5 Low Income Services Food Programs Farm Direct Nutrition Program 1207 NW Naito Pkwy, Ste 104 Portland, OR 97209 503-872-6600 oregon.gov/oda/admd/ farm_direct.shtml Loaves & Fishes, The Meals on Wheels People 503-736-6325 www.feedseniors.org Oregon Food Bank 1870 NW 173rd Ave Beaverton, OR 97006 503-439-6510 www.oregonfoodbank.org SNAP Supplemental Nutrition Assistance Program Apply at local AAA office or online www.oregon.gov/dhs/assistance/ foodstamps/snap-info.shtml#apply Cash Programs TANF Temporary Assistance for Needy Families Apply at local AAA office or online www.oregon.gov/dhs/assistance/ cash/tanf.shtml Housing Programs Contact your local AAA www.housingconnections.org Oregon Housing & Community Services (HUD, Section 8, Low Income Housing) 725 Summer St NE, Ste B Salem, OR 97301-2000 503-986-2000 www.ohcs.oregon.gov Housing Programs by County Baker County NE Oregon Housing Authority 2608 May Lane La Grande, OR 97850 541-963-5360 164 Legal Issues for Older Adults

Housing Programs by County Section 14.5 Low Income Services 14 Clackamas County 13930 S Gain St Oregon City, OR 97045 503-655-8267 www.clackamas.us/hacc Clatsop County Northwest Oregon Housing Authority 147 S Main Ave Warrenton, OR 97146 503-861-0119 www.nwoha.org Columbia County Northwest Oregon Housing Authority 147 S Main Ave Warrenton, OR 97146 503-861-0119 www.nwoha.org Coos & Curry County North Bend Housing Authority 1700 Monroe St North Bend, OR 97459 541-756-4111 Deschutes County Housing Works 405 SW 6th St Redmond, OR 97756 541-923-1018 www.oregonhousingworks.org Douglas County 902 W Stanton St Roseburg, OR 97470 541-673-6548 www.huddouglas.com Grant County NE Oregon Housing Authority 2608 May Lane La Grande, OR 97850 541-963-5360 Hood River County Mid-Columbia Housing Authority 312 Court St, Ste 419 The Dalles, OR 97058 541-296-5462 www.mid-columbiahousing authority.org 2012 Edition 165

14 Resources Housing Programs by County Jackson County 2251 Table Rock Rd Medford, OR 97501 541-779-5785 www.hajc.net Josephine County 1205 NE 7th St Grants Pass, OR 97526 541-479-5529 Klamath County 1445 Avalon St Klamath Falls, OR 97603 541-884-0649 Lane County Housing & Community Services Agency 177 Day Island Rd Eugene, OR 97401 541-682-3755 www.hacsa.org Linn-Benton Counties 1250 SE Queen Ave Albany, OR 97322 541-926-4497 www.l-bha.org Lincoln County 1039 NW Nye St Newport, OR 97365 541-265-5326 www.halc.info Malheur County 959 Fortner St Ontario, OR 97914 541-889-9661 Marion County 360 Church St SE Salem, OR 97301 503-588-6368 Multnomah County Home Forward 135 SW Ash St Portland, OR 97204 503-802-8300 www.homeforward.org Polk County West Valley Housing Authority 204 SW Walnut Ave Dallas, OR 97338 503-623-8387 www.wvpha.org 166 Legal Issues for Older Adults

Housing Programs by County Section 14.5 Low Income Services 14 Sherman County Mid-Columbia Housing Authority 312 Court St, Ste 419 The Dalles, OR 97058 541-296-5462 www.mid-columbiahousing authority.org Tillamook County Northwest Oregon Housing Authority 147 S Main Ave Warrenton, OR 97146 503-861-0119 www.nwoha.org Umatilla County 155 SW 10th St Hermiston, OR 97838 541-567-3241 Union County NE Oregon Housing Authority 2608 May Lane Wallowa County NE Oregon Housing Authority 2608 May Lane La Grande, OR 97850 541-963-5360 Wasco County Mid-Columbia Housing Authority 312 Court St, Ste 419 The Dalles, OR 97058 541-296-5462 www.mid-columbiahousing authority.org Washington County 111 NE Lincoln St, Ste 200-L Hillsboro, OR 97124 503-846-4794 Yamhill County 135 NE Dunn Place McMinnville, OR 97128 503-883-4300 La Grande, OR 97850 541-963-5360 2012 Edition 167

14 Resources 14.6 Abuse Resources Crime Victims Compensation Program Department of Justice 1162 Court St NE, Salem, OR 97301-4096 503-378-5348 www.doj.state.or.us/victims/compensation.shtml National Center on Elder Abuse c/o University of California Irvine Program in Geriatric Medicine 101 The City Dr S, Bldg 200, Orange, CA 92868 855-500-3537 www.ncea.aoa.gov National Domestic Violence Hotline 800-799-7233 / TTY: 800-787-3224 www.thehotline.org Office of the State Long Term Care Ombudsman (LTCO) 3855 Wolverine NE, Ste 6, Salem, OR 97305 503-378-6533 / 800-522-2602 www.oregon.gov/ltco Oregon Coalition Against Domestic & Sexual Violence 1737 NE Alberta St, Ste 205, Portland, OR 97211 503-230-1951 www.ocadsv.com 168 Legal Issues for Older Adults

Section 14.7 14.7 Aage Discrimination Resources Age DiscriminationResources 14 Equal Employment Opportunity Commission San Francisco Field Office 350 The Embarcadero, Ste 500, San Francisco, CA 94105-1260 800-669-4000 www.eeoc.gov Job Accommodation Network 800-526-7234 askjan.org Disability Rights Oregon Working for the rights of individuals with disabilities 620 SW 5th Ave, 5th Floor, Portland, OR 97204 503-243-2081 / 800-452-1694 TTY: 503-323-9161 / 800-556-5351 www.oradvocacy.org Oregon s Bureau of Labor & Industries (BOLI) 800 NE Oregon St, Ste 1045, Portland, OR 97232 971-673-0764 www.oregon.gov/boli/crd/index.shtm Local Offices Eugene 1400 Executive Parkway, Ste 200, Eugene, OR 97401 541-686-7623 Pendleton 1327 SE 3rd St, Rm 110 / PO Box 459, Pendleton, OR 97801 541-276-7884 Portland 800 NE Oregon St, Ste 1045, Portland, OR 97232 971-673-0761 2012 Edition 169

14 Resources 14.8 Veterans Resources Oregon Department of Veterans Affairs Oregon Veterans Building 700 Summer St NE, Salem, OR 97301-1285 503-373-2000 / 800-828-8801 www.odva.state.or.us U.S. Department of Veterans Affairs (regional office) 100 SW Main St, Floor 2, Portland, OR 97204 800-827-1000 www.va.gov Veterans Service Organizations American Legion 503-685-5006 www.legion.org AMVETS 503-735-1069 www.amvets.org Disabled American Veterans 503-326-2620 www.dav.org Jewish War Veterans of the USA 202-265-6280 Military Order of the Purple Heart 503-373-2388 www.purpleheart.org National Association for Black Veterans 877-622-8387 www.nabvets.com National Veterans Legal Services Program 202-265-8305 www.nvlsp.org www.jwv.org 170 Legal Issues for Older Adults

Section 14.8 Veterans Service Organizations Veterans Resources 14 Paralyzed Veterans of America 503-362-7998 / 800-333-0782 www.oregonpva.org Veterans Consortium Pro Bono Program 202-628-8164 / 888-838-7727 www.vetsprobono.net Veterans of Foreign Wars 503-326-2614 www.vfworegon.org Vietnam Veterans of America 800-882-1316 www.vva.org Veterans Centers Central Oregon 541-749-2112 Eugene 541-465-6918 Grants Pass Vet Center 541-479-6912 Portland 503-273-5370 Salem 503-362-9911 U.S. Department of Veterans Affairs Veteran s Center (Roseburg) 541-440-1000 2012 Edition 171

14 Resources 14.9 Health Care Decisions Oregon Health Decisions 7451 SW Coho Court, #101, Tualatin, OR 97062 503-692-0894 www.oregonhealthdecisions.org Oregon Advanced Directive www.oregon.gov/dcbs/shiba/docs/advance_directive_form.pdf Physician s Order for Life Sustaining Treatment (POLST) www.ohsu.edu/polst 14.10 Additional Resources Alzheimer s Association Oregon 1650 NW Naito Pkwy, Ste 190, Portland, OR 97209 503-416-0201 / 800-272-3900 www.alz.org/oregon Elders in Action 1411 SW Morrison St, Ste 290, Portland, OR 97205 503-235-5474 www.eldersinaction.org Oregon Senior Referral Agency Association (OSRAA) 503-597-8168 www.osraa.org 172 Legal Issues for Older Adults

Section 14.12 14.11 Medicare & Medicaid Retirement Resources 14 Oregon Health Plan (Medicaid) Division of Medical Assistance Programs Administrative Office 500 Summer St NE, Salem, OR 97301-1079 503-945-5772 www.oregon.gov/oha/healthplan Noridian Administrative Services Medicare Parts A and B information 901 40th St S, Ste 1, Fargo, ND 58108 866-497-7857 www.noridianmedicare.com Oregon Insurance Division 350 Winter St, Room 440 / PO Box 14480, Salem, OR 97309 503-947-7984 / 888-877-4894 www.insurance.oregon.gov 14.12 Retirement Resources Oregon Public Employees Retirement System (PERS) 11410 SW 68th Pkwy / PO Box 23700, Tigard, OR 97281-3700 503-598-7377 / 888-320-7377 24-hour hotline: 503-603-7600 TTY: 503-603-7766 oregon.gov/pers U.S. Railroad Retirement Board (Field office) 1001 SW 5th Ave, Ste 420, Portland, OR 97204 877-772-5772 www.rrb.gov/default.asp 2012 Edition 173

14 Resources 14.13 Insurance resources Oregon Insurance Division Consumer Advocacy Section 3350 Winter St NE, Room 440 / PO Box 14480, Salem, OR 97309 503-947-7984 / 888-877-4894 www.oregoninsurance.org The Insurance Commission enforces the legal standards for all insurance in Oregon, including Medicare supplemental policies. It can provide a listing of approved supplemental insurances policies and consumer educational materials. There are many pamphlets available from the Oregon Insurance Division Consumer Protection Section and Senior Health Insurance Benefits. Senior Health Insurance Benefits Assistance (SHIBA) 350 Winter St NE, Ste 330 / PO Box 14480, Salem, OR 97309-0405 503-947-7979 / 800-722-4134 www.oregonshiba.org 14.14 Suggested reading "Helping Memory Impaired Elders: A Guide for Caregivers" 541-737-2513 / 800-561-6719 http://extension.oregonstate.edu/catalog/pdf/pnw/pnw314.pdf Oregon's Legal Guide for Grandparents & Other Relatives Raising Children http://extension/oregonstate.edu/fch/sites/default/files/documents/ legal_rapp_09.pdf Publications.usa.gov The following publications are available for download: Guide to Disability Income Insurance An Employer's Guide to Disability Income Insurance Guide to Health Insurance Guide to Long Term Care Insurance An Employer's Guide to Long Term Care Insurance Guide to Managed Care 174 Legal Issues for Older Adults

Section 14.15 14.15 Consumer Protection Consumer Protection 14 Building Codes Division 503-378-4133 www.cbs.state.or.us/external/bcd Construction Contractors Board (Check a Contractors License) 503-378-4621 www.oregon.gov/ccb Federal Trade Commission 600 Pennsylvania Ave NW, Washington DC 20580 877-382-6357 / 877-438-4338 www.ftc.gov Landscape Contractors Board 503-967-6291 www.oregon.gov/lcb Oregon Department of Justice - Consumer Protection (For consumer complaints) 877-877-9392 www.doj.state.or.us/consumer/index.shtml Oregon Driver & Motor Vehicle Services Driver Safety Unit 503-945-5083 www.oregon.gov/odot/dmv Oregon Public Transit Division 503-986-3300 (Salem) www.oregon.gov/odot/pt 2012 Edition 175

14 Resources Credit Reports Check your credit reports for all three agencies at www.annualcreditreport.com Equifax Credit Reports PO Box 105851, Atlanta, GA 30374 800-685-1111 www.equifax.com Experian Credit Reports PO Box 2002, Allen, TX 75013 888-397-3742 www.experian.com Trans Union Credit Reports PO Box 1000, Chester, PA 19022 800-888-4213 www.transunion.com Fraud Reports Equifax Fraud Reports 888-766-0008 Experian Fraud Reports PO Box 9530, Allen, TX 75013 888-397-3742 Trans Union Fraud Reports Fraud Victim Assistance Division PO Box 6790, Fullerton, CA 92834 800-680-7289 176 Legal Issues for Older Adults

Glossary of Terms Glossary of Terms Age Discrimination in Employment Act (ADEA): A federal law protecting people age 40 and older from discrimination in employment settings. See 9. Americans with Disabilities Act (ADA): Federal law that provides persons with disabilities receive reasonable accommodations from agencies and most businesses. See 9. Bargain and Sale Deed: A deed that transfers the title or interest that a person has now or will acquire in the future but does not provide warranty that the title is good. See 6. Bureau of Labor and Industries Civil Rights Division (BOLI): State agency that protects people from discrimination in the workforce. See 9. Claim of Exemption: A document filed with the court seeking certain property to be exempt from creditors. See 10. Conservatorship: A legal proceeding to give a person (the conservator) power to manage the property and finances of someone who is financially incapable. See s 7 and 8. Consideration: The money or item that was given in exchange for something else. See 6. Credits: For Social Security & Railroad Retirement benefits. Refers to the amount of benefits accrued from working over time. Deed: A written instrument to convey land. See 6. 177

Glossary of Terms Glossary of Terms Donut Hole: The gap in coverage for prescription drug plans. See 2. Equal Employment Opportunity Commission (EEOC): Federal agency protecting people from discrimination in the workforce. See 9. Fair Market Value: The price a willing buyer would pay for a product as is. See 10. Fee Simple Absolute: The most encompassing ownership in land available under law, providing the owner with the ability to control and dispose of as desired. See 6. Identity Theft: When someone uses another person s name or other personal information to purchase items or obtain credit cards, bank accounts, loans, etc. See 11. Joint Tenancy: Property ownership with a survivorship interest with someone other than your spouse where all the property passes to the joint owner upon the death of the other. See 6. Judgment: A court decision stating that money is owed. See 10. Medically Necessary Inpatient Hospital Stay: One of the requirements before Medicare will pay for skilled nursing care. Requires a minimum of three days admitted as a patient in the hospital. See 2. Open enrollment Period: For Medicare Parts C & D, you can change plans from October 15th through December 15th, or switch back to original Medicare from January 1st through February 14th. See 2. Payee(s): The people who receive the money. See 7. Payment on Death (POD) Account: A bank account that belongs to people named by the account holder upon the account holder's death. See 7. 178 Legal Issues for Older Adults

Glossary of Terms Personal Property: All property other than real property, such as cars, boats, clothing, stocks, bonds, and personal items. See s 5 and 8. Personal Representative: The person who handles your affairs after your death. This person is either appointed by you in your will or by a court. See s 8 and 13. Physician s Order for Life-Sustaining Treatment (POLST): An official order from a doctor that requires medical providers to honor your wishes about the kind and extent of care you want when you are near death. See 7. Power of Attorney: Legal authority, in writing, given by a person to an agent to manage some or all of that person s financial affairs. See 7. Premium: Monthly fee associated with your Medicare and other insurance plans. See 2. Prenuptial Agreement: An agreement, in writing, between two people before marriage on what rights each of them will keep over certain property if a divorce or death occurs. See 12. Principal (definition #1): The person who grants, in writing, power of attorney to another. See 8. Principal (definition #2): The property (invested in a trust). When the trust expires, the trustee will distribute the property, principal plus interest, to the beneficiaries. See 7. Private Contract: An agreement between a doctor and a patient where they are responsible for the payment for service rather than Medicaid. See 2. 2012 Edition 179

Glossary of Terms Glossary of Terms Pro Se Divorce: A do-it-yourself divorce for which you do not have to hire an attorney. See 12. Probate: The legal process by which your property is collected and distributed according to your will or by intestate succession. See s 8 and 13. Protected Person: Someone who has been found to be financially incapable (in a conservatorship proceeding) or incapacitated (in a guardianship proceeding). See 7. Quarters of Coverage: See credits. Quitclaim Deed: A deed that transfers only the title the seller has at the at the time of conveyance. See 6. Real Property: Land and buildings or structures placed on land, such as houses, commercial buildings and agricultural buildings. See s 6 and 8. Reconsideration: The first step of the appeals process when you ask the Social Security Administration to review its decision to deny you benefits. See 1. Regular Current Connection: A requirement for annuity based on occupational disability. Requires a railroad employee to have worked twelve of the thirty-month period before the annuity begins. See 1. Regular Probate: A formal probate process that is required if your real property is valued at no less than $200,000 and/or your personal property is more than $75,000. See 8. 180 Legal Issues for Older Adults

Remainder Interest: The interest that passes to a beneficiary after another interest is completed. See 6. Representative Payee: Another person who has been given the responsibility to receive and use benefit payments solely for the person entitled to receive the benefits. This arrangement is generally used by a government agency. See 7. Glossary of Terms Residential Care Facility: Facility for six or more older or disabled adults offering room, board, organized activities, and security. It offers limited services for housekeeping and personal care. See 5. Respite Care: Temporary care for a disabled or ill person for whom a family member normally cares. See 5. Retirement Benefits: Monthly benefits you receive from Social Security if you are 62 or older, have enough credits, and are retired or employed with limited earnings. See 1. Service-connected Disability Compensation for Veterans: Benefits for those who have a disability from an injury or disease that began or worsened during military service. See 4. Small Estate Probate: An informal probate process that takes about four to six months. It applies if your real property is valued at less than $200,000 and your personal property is less than $75,000. See 8. Social Security: A federal program providing benefits to eligible workers and their families when the worker retires, becomes severely disabled, or dies. See 1. Special Enrollment Period: Period of time you are eligible for Original Medicare after being enrolled under an employment group health plan. Also for Medicare C & D when there is a change in circumstance such as moving or losing coverage. See 2. 2012 Edition 181

Glossary of Terms Glossary of Terms Special Warranty Deed: A deed that conveys all ownership and warrants the sellers own actions but not the actions of predecessor owners. See 6. Spells of Illness: Benefit periods beginning with the first day you enter the hospital after your Medicare goes into effect. A new benefit period begins after you have not been in the hospital (or skilled nursing facility) for 60 days in a row. There is no limit to the number of spells of illness that qualify for Medicare. See 2. Spousal Support: Financial support ordered by the court and paid by one ex-spouse or spouse to another in a divorce or legal separation case. Also called alimony. See 12. Springing Power of Attorney: A power of attorney that begins after the happening of a specific event described in the document. See 7. Stalking Order: A court order to keep away from you someone who has behaved intentionally in a threatening manner toward you more than once and who puts you in reasonable fear for your safety. See 11. Supplemental Security Income (SSI): A federal program providing a basic level of income to anyone who is at least 65 years old or blind or disabled, has limited income and resources, and meets the citizenship/alien eligibility requirements. See 1. Survivors Benefits: Social Security benefits paid to the surviving family members of an eligible worker who has died. See 1. Survivorship Interest: The right of a person holding property jointly to have the entire estate after the other person passes. See s 6 and 8. Tenancy by the entirety: A form of joint tenancy for spouses where, when one passes away, the property passes to the other spouse. See 6. 182 Legal Issues for Older Adults

Testamentary Trust: A type of trust that is set up in your will. It takes effect only after your death. See 6. Trust: An arrangement in which one person (trustee) holds property for the benefit and use of another (beneficiary). See s 6 and 8. Glossary of Terms Trustee: The person who manages and distributes the property held in a trust. See 6. Trustor: A person or persons who put money or property into a trust. See s 6 and 8. Truth in Lending Act: Federal law that requires credit companies to show you all the costs in writing. See 10. Veterans Centers: Centers that offer peer counseling services for veterans and family members. See 4. Warranty Deed: A deed that conveys all property ownership and warrants title. See 6. Warrant: An express or implied promise that a product is good. See 10. Will: A signed, written legal document that shows how you want your estate to be divided after you die. See 6 and 8. 2012 Edition 183

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