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Pennsylvania
Association of Elder Law Attorneys
A State Chapter of the
National
Academy
of Elder Law Attorneys
Sample
letters for clients to send to their
representatives
You
can simply copy and paste the text below into
your word processing program and then make any
changes you would like. Or, you can write your
own.
VERSION
1
Dear
Senator :
I
live in __________,
Pennsylvania
, and am writing to you as a constituent to
express concern with and opposition to the
provisions in House Bill 1351 that provide for
expansion of Medicaid estate recovery.
[Describe
your own situation, something like the
following: I have lived in my home for 40 years.
This is where I raised my family.
This is my major asset.
I would like to pass it on to my
children. On
the advice of my lawyer, I placed the house in a
life estate (or trust) so it would be protected
in case I need nursing home care.
He/she has now informed me that under Section 1412 of House Bill 1351 of 2009 my
home may no longer be protected.]
The
proposal to expand estate recovery is aimed at
the homes of seniors like me.
It is unfair for a number of reasons.
First, the home should be protected,
especially for spouses in the community.
Essentially this proposal means that
every senior who owns a home and requires
medical assistance for nursing home care will
lose the home he or she worked a lifetime to
acquire. Such
a law does not say much for the American dream
in
Pennsylvania
. Second,
this changes the rules after I and many others
have planned within them.
It is simply unconscionable for the
Commonwealth
of
Pennsylvania
to change the rules and apply those changes
retroactively.
This
law is aimed at people like me who have played
by the rules and paid taxes for decades.
It’s unfair and I urge you to oppose
it.
Sincerely,
VERSION
2
Dear Senator/Representative,
I’m
writing to inform you of my great opposition to
efforts to expand Medicaid estate recovery,
including Section 1412 of House Bill 1351 of
2009 (Printer’s Number 1666), which was
introduced on
April 28, 2009
. The
proposed legislation would enlarge estate
recovery beyond the probate estate of a Medicaid
recipient. It
would allow
Pennsylvania
’s Department of Public Welfare to impose
administrative liens against interests created
by joint tenancy, tenancy by the entireties,
tenancy in common, survivorship, life estate,
living trust or other arrangements.
Such legislation is likely to create
significant complications for estate
administration, and will adversely affect
ownership and transfer of both real and personal
property. Such
legislation seeks to impose obligations and
administrative penalties that will deter
individuals from serving as executors and
trustees and lawyers from representing these
fiduciaries. The safety of Older
Pennsylvanians will be compromised when they
refrain from seeking needed long-term support
services because of fear of such new liens
asserted by the Commonwealth.
I urge you to oppose this legislation in
an effort to protect hardworking, tax-paying
families. Thank
you for your kind consideration in this matter.
Sincerely,
Return
to Expanded Estate Recovery Resource Page
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