The CLASS Act Is “Dead on Arrival”

CLASS Act  News

The publication Special Needs Answers  reported that The Obama administration has suspended implementation of the CLASS Act, a proposed national long-term care insurance program that was part of the health reform law.

The CLASS Act is the first big part of the health overhaul to be killed. Health and Human Services Secretary Kathleen Sebelius described the intended program as a voluntary program wherein workers could pay premiums and would be eligible after years for a benefit that could help pay for long-term care services.

The theory sounded good: “CLASS would not only give Americans who knew they were likely to require long-term services and supports an affordable way to prepare for the future. It would also give young and middle-aged Americans a way to insure against the possibility that they would someday require this kind of care themselves. Because all benefits would be paid out of premiums, it wouldn't cost taxpayers a dime (emphasis supplied) and CLASS would provide relief for State and federal budgets, which currently … bridge the long-term care coverage gap with scarce Medicaid dollars.”

The Secretary and her analysts could not develop a program that would meet the program’s financial objectives: “When it became clear that most basic benefit plans wouldn't work, we looked at other possibilities. But …, we have not identified a way to make CLASS work at this time.” Speaking for myself and for others who work in the field, it is clear that our leaders and legislators do not understand the import of the laws they are proposing and passing and they try to accomplish things that are near impossible.

The cost of nursing home care and long-term care has risen dramatically in the past two years. How are legislators to structure a program that will predict the economic realities of long term care in the future?

I respectfully suggest that they are out of their league.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Tips on How to "Age In Place"

How to "Age in Place"

Attached please find an article that was received by our office as part of an e-newsletter called "Pathways to Independent Living," which is sent to us from a Rhode Island business out of Warwick called Senior Helpers. Senior Helpers provide "companion care" to seniors in their own homes. To reach Senior Helpers, contact Chad Neighbors at (401) 825-7200, or by email at cneighbors@seniorhelpers.com.

Prepare to 'Age in Place'

Take Action Today, for Independent Living Tomorrow

When asked what they fear most, senior citizens ranked losing their independence (26%) and moving into a nursing home (13%) higher than fear of death (only 3%), according to a commissioned study, "Aging in Place in America," conducted by independent research company Prince Market Research. An overwhelming majority of seniors want to grow older in their own homes, yet over half are concerned about their ability to do so.

It may or may not become evident over time that you (or your loved ones) need assistance to continue living in your own home. Often, a major event will cause you to recognize such a need. It might be death of a spouse, a stroke, a broken limb from a fall, or concern from a relative or neighbor following a visit during which they recognize things are just not right.

It is important to take steps today to help ensure that you can "age in place" tomorrow. Some of the easiest things that can be done include simply organizing documents and creating reference sheets.

Organize Documents. The following documents should be assembled in one place so they are available when needed:

· Medicare, Social Security, and health insurance cards
· Copy of birth certificate
· Names, phone numbers, and addresses of doctor(s)
· List of health conditions
· List of current medications with contact information for pharmacy and prescribing physician
· Allergies to food or medications
· Will, living will, and powers of attorney
· Copies of insurance policies, including life insurance and long-term care insurance
· Financial information, including contact information for tax preparer or accountant

Create a Laminated Reference Sheet. Create a complete list of emergency telephone numbers and information. Laminate the list and put it in an obvious place so it will be available for Emergency Medical Technicians (EMTs) or others who may need it. The sheet should contain the following:

· Name, address, telephone number, birth date, social security number, and medical insurance information.
· Primary and specialist physicians' names and contact information.
· A list of medications and dosages.
· Name and phone number of your pharmacy.
· Names and contact information for caregivers, relatives, and close neighbors.
· Whether you have a living will and/or a durable power of attorney that allows another person(s) to make financial and/or medical decisions if you are unable to do so (include contact information).

Develop a Plan for Help. Recognize when you need help and list needs in the following areas:

· Housekeeping-laundry, shopping, and household paperwork.
· Nutrition-meal planning, cooking, and meal delivery
· Health care-nursing, social work, physical and rehabilitative therapy, and medication monitoring
· Personal care-assistance with personal hygiene, medical equipment, dressing, bathing, and exercise
· Other-transportation, companionship, and daily telephone checks

Once you have compiled the list, decide if a friend or family member can assist you or if you need outside help.

Make Your Home Safe(r). According to The American Academy of Orthopaedic Surgeons (AAOS), one in every three seniors fall each year. Falls cause many seniors to lose their independence, requiring a change in living arrangements such as moving to a nursing home or assisted living facility.

Although falls can happen to anybody, anytime, and anyplace, you can prevent many falls by recognizing and correcting common hazards in the home. Senior Helpers has developed a "Home Safety Checklist" that provides tips for fall-proofing each room in the house.

· Use good lighting. Put light switches at the top and bottom of every staircase.
· Use grip bars and install handrails in bathtub and toilet areas.
· Use a bed that is easy to get in to and out of without injury.
· Secure throw rugs and fasten loose area rugs with double-sided tape or slip-resistant backing.
· Clean up spills, dropped food, etc. from floors immediately.

Exercise. Regular, moderate physical activity is very important. Physical activity can reduce pain in joints and muscles and improve mobility and balance. The benefits of exercise help reduce the risk of falling. Talk with your doctor about starting an exercise program that fits your level of ability and meets your needs.

Sources: www.orthoinfo.aaos.org/, www.metlife.com

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

ARTICLE: Why Care Managers Should Understand VA

We received this article as part of our monthly newsletter from the Veterans Advocates Group of America and thought our clients and colleagues would find it interesting. Visit their website at http://www.vagamembers.com for more information about their group. Please contact our office if you would like more information on Veterans Benefits available to your family members or your clients, and how we can educate you about how to qualify for these benefits.

Why Care Managers Should Understand VA

When adult children of seniors turn to a geriatric care manager for help, they are typically lost in a sea of issues, dilemmas, decisions and questions about the multitude of resources and services now advertised in our society for the elderly. Often, the very first task of the care manager is to provide emotional support to the adult child, so that the person can think logically and rationally again, as often the decisions to be made can de-stabilize the family, old conflicts can arise again and the senior also reacts to the adult child "stepping in" and taking new actions.

The next task of the care manager is to educate - about what resources/services are out there and very importantly, WHEN they are to be tapped. Knowing about Veterans Benefits is critical to so many families being able to either keep their loved one in the home safely with the in-home benefits or to move their elder out of the home with the Aid and Attendance Benefit for assisted living and personal care homes. In my experience, I have been privileged to see the utter relief of many middle class family members when the senior qualifies for the Benefit, as the financial assistance the benefit provides literally makes the move to assisted living possible.

It is key for the geriatric care manager to educate the family or point them to a resource that can educate them about the timing of many factors that must come together property to qualify for VA benefits. When the family understands the financial parameters that must be met, then the family can make sound financial decision s that support getting to the goal of financial qualification. If not, then qualifications may not ever happen.

Geriatric care managers are experts in helping educate the adult children about the physical/medical status of the senior and this is also a critical factor in deciding when to apply for the Veteran's benefits. For example, it is very common for family members to wait too long to address their loved one's situation and often the veteran may need nursing home placement by the time the family is willing to act versus acting sooner and allowing the veteran to use his or her benefit for assisting living and enjoying this more independent, less intrusive level of care for perhaps years.

With knowledge about Veteran's benefits and all the factors that influence decisions the family must make to qualify, the geriatric care manager has served that Veteran in a critical time -Our veterans deserve no less!

Mallory Long, Geriatric Case Manager
Atlanta, Georgia


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

It Has Been a Year Since We Filed for Aid & Attendance for My Father

We thought our clients and friends would be interested in the following comment that was posted on one of the monthly newsletters we receive with regard to the Veterans Aid and Attendance Benefits.

In addition to letting people know whether they might qualify for the benefit, the advantage of speaking with us that we will also let you know what to expect if you begin to receive the benefit.

"It Has Been a Year Since We Filed for Aid & Attendance for My Father."

It has been a year since we filed for the Aid and Attendance Pension Benefit for my Father-in-law, John. He is still comfortably situated in his assisted living apartment and receiving good health care from the staff. An important document that our Veteran Consultant let us know about was a form called the “Eligibility Verification Report” (EVR) which VA sends at the beginning of the year and must be filled out every year in order to continue receiving benefits.

After my initial help with his original application John was the only one to receive correspondence from VA, so I asked him to start watching for any letters from them starting in December. He received the form in January. We gathered all of our receipts from his Assisted Living and other medical bills to sum up the correct amount that he had paid that year. The original application could only be an estimate, so this new form establishes the actual amount he is paying. We did not need to send in the receipts, but we filed them away in case VA wanted to see them for proof.

It was very helpful to have our Consultant answer any questions and make us aware of this very important form. Many people are not aware that once applied for and receiving the benefit the “EVR” has to be completed yearly to keep it. One concern to address is that if income or assets increased the past year, the benefit may be reduced or eliminated. On the other hand, if medical expenses have increased since the last year, the benefit may also increase. ....read the entire article by going to the link below.

Please go to the following URL for the entire article and previous articles: Either click on the link http://www.planforcare.org or copy and paste the following into your browser: http://www.planforcare.org


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

What Expenses Can’t a Special Needs Trust Pay For?

Our office received this article as part of the monthly newsletter from Special Needs Answers, a community resource provided by the Academy of Special Needs Planners. They can be contacted via email at ken@specialneedsplanners.com; or on their website at http://www.specialneedsanswers.com

What Expenses Can’t a Special Needs Trust Pay For?

Special needs trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medicaid and Supplemental Security Income (SSI). Special needs trusts pay for comforts and luxuries -- "special needs" -- that could not be paid for by public assistance funds.

This means that if money from the trust is used for food or shelter costs on a regular basis or distributed directly to the beneficiary, such payments will count as income to the beneficiary. This can affect eligibility for government benefits like Medicaid and SSI. One of the trustee's most important jobs is to use discretion in making distributions from the trust so as not to jeopardize the beneficiary's eligibility for these government benefits.

If the beneficiary receives SSI, here are some basic expenses that should not be paid through a special needs trust without consultation with a special needs attorney. (List developed by Life Plan Trust, Inc., Apex, N.C.)

 Cash given directly to the beneficiary for any purpose
 Food or groceries
 Restaurant meals (except if given as an occasional gift)
 Rent or mortgage payments
 Property taxes
 Homeowners or condo association dues
 Homeowners insurance if the insurance is a mortgage requirement
 Utilities such as electricity, gas, and water
 Utilities hookup or connection charges

However, many of these payments will only cause a one-third reduction in SSI benefits. The trustee may determine that the benefit of the trust making these payments far outweighs the loss of income.

If you have any questions about this article or special needs trusts, please contact one of our attorneys at the Law Offices of Jeremy Howe, Ltd. 401-841-5700, or visit our website at www.CounselFirst.com for more information about our office.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in RI for wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits. They practice Pension and Retirement law as well with a focus on Qualified Domestic Relations Orders (QDRO), Military Pension Orders, Civil Service Orders, as well as Consultation on Pension issues. They also are Newport RI Divorce lawyers, attorneys, mediators, and arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and Military family law.

They offer Elderlaw Mediation for disputes and intergenerational issues as well as probate court resolution. They also do Superior Court Mediation and Arbitration as well as Pension Mediation. Mediation and Arbitration is also offered by the firm for divorce mediation, separation, and all family law issues pre and post divorce.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

The A B Cs of Joint Bank Accounts

Joint Bank Accounts

One might think that the general topic of “bank account ownership” is easy to understand and that forms of bank account ownership are understood by the general public and by bankers. But mistakes are made all the time. To begin with, some accounts were set up by bankers and customers decades ago. The accounts were written out by hand. Some of them listed two names only, some of them listed two names as “Joint Tenants” and others listed two names as “Joint Tenants with right of survivorship.”

The above designations can cause problems when an owner dies or loses capacity.

It bears repeating that if you have a will, the will should address joint accounts. The usual clauses are a “true joint account clause” or an “account of convenience clause.” The former makes clear that your joint accounts were intended to go to the surviving joint tenant. The latter states that your joint accounts were intended as a convenience with the intention that the funds be added to your estate.

A person’s wishes can be thwarted during or after death. In a recent case the bank account was designated as “Joint”. The bank record did not say “with right of survivorship.” The daughter wanted to retain the funds. Her siblings challenged her. The Supreme Court agreed with her siblings. The decedent may have intended that her daughter receive the funds but she did not write “with right of survivorship.”

The moral of the story is: Check every account and be sure that your intention regarding ownership has been properly designated. This problem comes up regularly and it causes family feuds more often than you would think.

In a facetiously written 1998 Rhode Island case it was noted that there are two ways to start a civil action. To paraphrase: The first is to follow the statutory procedure for starting a case and the second was “by opening a joint bank account with right of survivorship. “


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

KLR Article: Seven Reasons to Review Your Will

Our office received this article from the montly e-newsletter supplied by Kahl, Litwin Renza & Co, Ltd. (KLR). Their office can be reached at 888-KLR-8557 or their webiste at www.KahnLitwin.com. We thought our clients would be interested in this "short list" of reasons to review your will.

Seven Reasons to Update Your Will

Wills Must Keep Up With Life Changes

A will is an essential part of planning for the future. But don't think creating a will is a one-time proposition. Even if you have a valid document, it may need to be updated for a variety of reasons. For example:

1. Deaths - If individuals named (as heirs or executors) have died or they become incapacitated, a will should be changed.

2. Assets - Revisions may be needed if the value of assets has increased or decreased significantly, or they are no longer owned. For example, if you specifically leave your home to one of your children, and later sell it, you may want to change the distribution of your other assets.

3. Marriage - Wedding bells usually signal the need to review a will. Which assets should pass to your spouse? Are step-children involved? If this is not spelled out in a will, the state will decide. In a community property state, a spouse automatically inherits half of all community property. In most other states, a spouse may receive one/third to one/half of the estate, absent any other directions.

Also, keep in mind that an unmarried couple living together may want to leave assets to each other but in order to make an inheritance happen, it must generally be spelled out in a will.

4. Divorce - In many states, a divorce automatically revokes a will or those provisions concerning an ex-spouse. As a result, if you get divorced, it's best to have a new will drafted. For instance, you might have your former spouse removed as a primary beneficiary. In addition, you may want to change the beneficiary of your life insurance, pension or any existing IRAs. Consider the use of a trust if children from a previous marriage are involved.

You may also want to change your will if one of your children gets divorced.

5. Births - Once parents have children, their wills should be amended immediately to include the names of guardians to care for the children in the event the parents die prematurely. Also, parents or grandparents might wish to restructure their wills concerning distribution of assets after children are born. Again, the use of a trust may be recommended.

6. Retirement - This event may also trigger the need to make changes to an existing will. For example, many retirees sell their homes and move to other states. But state laws can vary widely. Furthermore, individuals may consider a power of attorney that enables someone else to act on their behalf in the event of certain illnesses.

7. Tax law revisions - The Internal Revenue Code is regularly changed. In fact, many aspects of estate tax planning are in flux right now. A will should be designed to take advantage of maximum tax benefits that exist today so it may have to be updated as tax laws change.

Where is It?

Before it's too late, people should let someone know where their original will is stored. If one can't be found after a person dies, a court may decide it was destroyed. Have your attorney and/or your accountant retain the original will. Ask them what will happen to the document if they die, move, or quit practicing.

Store the will at home. Of course, it could be lost, inadvertently destroyed or discovered by an interested party who could deliberately destroy, conceal, or alter it.

You don't have to tackle this problem on your own. If you need to update a will, rely on your estate planning advisers to guide you.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.