Register for Marshall, Parker & Associates’ 14th Annual Elder Law Update on May 20 & May 21

 Assisted Living Residence Final Regulations Issued

Supreme Court Restores Order to Joint Account Law

DPW Secretary Pledges no Expansion of Estate Recovery this Year

Bills Introduced in Pennsylvania’s House and Senate to Amend Filial Support Law

Senate Should Act on Family Caregiver Support

 PBI Presents 'Long-Term Care Planning for Seniors'

Free Transit Program

Marshall, Parker & Associates’ Employment Opportunities  

Follow Marshall, Parker & Associates’ Attorneys on Twitter

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Marshall, Parker & Associates’ 14th Annual Elder Law Update

Written By: Melissa Bottorf, Director of Public Education & Business Development  

Each year Marshall Parker invites experts to present at a free Update for professionals who work with seniors. This half-day workshop provides local professionals with information about the changes affecting their consumers and clients and an opportunity to network with hundreds of their colleagues. It has become one of the region’s most widely-anticipated professional events of the year.

This year’s Update will be held on Thursday, May 20, 2010 at the Williamsport Genetti Hotel and on Friday, May 21, 2010 at the Hilton Scranton & Convention Center. Registration and breakfast begins at 7:30 AM and the event concludes at 12:00 PM. If you are a professional who provides services to seniors, you can register to attend online or by calling 1-800-401-4552.

In addition to our great line-up of speakers and exhibitor tables, continuing education credits are available or pending at little or no cost for Accountants, Attorneys, Social Workers, Personal Care Home Administrators, Nurses and Certified Financial Planners.

More information on the conference is available at:

www.paelderlaw.com/2010ProfUpdate.html

The support from this year’s sponsors is greatly appreciated. Please stop by and visit their exhibit tables at the conference.

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Assisted Living Residence Final Regulations Issued

On May 3rd, the Pennsylvania Department of Public Welfare issued the long awaited final-form regulations on Assisted Living Residences.

The regulations are available here:

http://www.paelderlaw.com/PA_Assisted_Living_Regs.html

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Supreme Court Restores Order to Joint Account Law

 

Written By: Attorney Matthew J. Parker, CELA*

 

The Pennsylvania Supreme Court has issued an important decision affecting those consumers who own joint accounts and their estate and financial planning advisors.  In the case In re Novosielski , Alice Novosielski placed $500,000 in a Treasury Direct Account prior to her death.  She created a joint account with the right of survivorship with a Mr. Thomas Proch.  It turns out this was the bulk of her estate.   After Alice died, there was an action brought by the administrator of Alice Novosielski’s estate, challenging the activities of the agent under Ms. Novosielski’s power of attorney - Mr. Proch.  The administrator asked that the joint account not pass to Mr. Proch by rights of survivorship, but pass pursuant to the terms of her Will and ultimately to beneficiaries other than Mr. Proch.

 

The case made its way to Pennsylvania’s Superior Court where the court issued a surprising opinion.   The Superior Court ruled that a Will could indicate clear and convincing evidence that a creator of a joint account with the right of survivorship did not intend the funds in that account to pass to the surviving joint account holder(s).  In essence, a Will could undo the presumption of survivorship regulating joint accounts as defined by the Multiple Party Accounts Act. 20 Pa.C.S.A 6304(a).  The Multiple Parties Accounts Act sets forth the law regarding joint accounts, including the disposition of joint account funds at the death of a party to the joint account. 

 

The Superior Court decision confounded practitioners as it undermined a long held understanding that a Will affects the disposition of property solely owned by the decedent, otherwise known as probate assets.  Non-probate assets such as joint accounts pass to beneficiaries by the terms of the contractual agreement.  Joint accounts with the right of survivorship pass to the surviving joint account owners unless clear and convincing evidence (a very high legal standard) demonstrates otherwise.  

 

The Pennsylvania Supreme Court has now reversed the Superior Court.  The Supreme Court concluded that a Will cannot on its own alter the distribution of a joint account with the right of survivorship.   The decision is welcome relief to practitioners who were concerned that the lower court’s opinion could undermine the estate planning of their clients and lead to more frequent post mortem litigation. 

 

 

Attorney Parker can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More

information about Attorney Parker is available on our website at www.paelderlaw.com/staff.html

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Bills Introduced in Pennsylvania’s House and Senate to Amend Filial Support Law

 

Written By: Attorney Matthew J. Parker, CELA*

 

Two bills have been introduced to amend the Pennsylvania’s archaic filial support law.  This law provides that a child can be sued by a care provider of his or her indigent parent and be ordered by a court to support the parent (23 Pa. C.S § 4603).  The law dates back to an era predating our notion of individual contractual responsibility for debts.   The law originated in the 18th century, at a time when debtor’s prisons existed and the family was perceived as a financial unit. 

 

The filial support law has seen renewed popularity amongst the collection attorneys for nursing homes who have sued children of parents whose bills have gone unpaid.   See this link for a recent case:  http://abcnews.go.com/Business/story?id=8074570&page=1

 

The House Bill 2206 (introduced by Representative DeLuca) proposes to eliminate the law altogether, while the Senate Bill 1195 (introduced by Senator Leach) proposes to amend the law to provide that it will not apply to a child who has taken no overt action to voluntarily accept responsibility or reasonably lead a provider to believe the child would accept responsibility for the costs of care of the parent.     

 

Consumers with opinions about Pennsylvania’s filial support law should express themselves to their state representatives and senators.

 

Attorney Parker can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More

information about Attorney Parker is available on our website at www.paelderlaw.com/staff.html

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DPW Secretary Pledges no Expansion of Estate Recovery this Year

 

Written By:  Jeffrey A. Marshall, CELA*

 

On May 3rd, I was among a small group of elder law attorneys who met at the Capitol with Harriet Dichter, Pennsylvania’s new Secretary of the Department of Public Welfare (DPW). The Secretary gave us an overview of the impact of the new national health reform laws on the Department and responded to questions and comments.

 

The Secretary noted that the Department is now focused on the implementation on recently enacted national health care reform.  It has identified 64 provisions in the health reform law that will involve DPW.

 

The reform laws will ultimately provide health coverage for an estimated 32 million more Americans and increased federal funding to assist states in expanding Medicaid coverage.  DPW is reviewing the provisions of the new law and eagerly awaiting additional guidance from the federal government through the Centers for Medicare and Medicaid Services.  The Department is in the process of establishing implementation priorities and developing timelines. 

 

The Secretary noted that the Department does not intend to seek the expansion of Medicaid Estate Recovery this year. In 2009, efforts by the Department to broaden the scope of recovery were defeated by a coalition of consumer advocates and business interests.  See “Budget Proposal Targets Homes of Seniors.” 

 

Attorney Marshall can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More

information about Attorney Marshall is available on our website at www.paelderlaw.com/staff.html

 

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Senate Should Act on Family Caregiver Support

 

Written By:  Jeffrey A. Marshall, CELA*

 

Pennsylvania’s Family Caregiver Support Program offers support for caregivers who have accepted responsibility for providing at home care for functionally-dependent older adults and victims of chronic dementia like Alzheimer’s disease. The law needs to be amended. Reimbursement levels have not been updated since the program was initiated in 1990. And current law excludes support of caregivers who do not reside with or are not related to the person receiving care. These limitations have prevented the Department of Aging from targeting funding in a manner that will allow the most care dependent seniors to remain in their home.

 

 HB 245, PN 255 modernizes the Program by expanding the definition of “primary caregiver” to include non-relatives, removes the requirement that the caregiver resides with the care receiver, and adjusts the amounts available to a qualified primary caregiver from the levels established in 1990. Maximum expense reimbursement will increase from $200 per month to $500 per month and from $2,000 to $6,000 for home modifications or assistive devices for the entire duration of the case. 

 

Caregiver support is only available to caregivers who do not receive financial compensation for the care provided. Support is provided only to caregivers who qualify under low income guidelines.

 

Enactment of HB 245 will not involve any new funding nor create any new entitlements.  Services are provided only to the extent that appropriations are made available by the General Assembly. In recent years the Department of Aging has been unable to fully utilize the Program’s appropriations due to the restrictions in the 1990 law. This results in the less effective use of the appropriated funding and the loss of opportunities for the Commonwealth to achieve financial savings by empowering seniors to remain in their homes and avoid institutionalization.     

 

HB 245 is supported by numerous organizations including: AARP of Pennsylvania, Pennsylvania Association of Area Agencies on Aging, Pennsylvania Bar Association, Pennsylvania Alzheimer’s Association, The Center for Advocacy for the Rights and Interests of the Elderly, Pennsylvania Association of Elder Law Attorneys, Pennsylvania Adult Day Services Association, Pennsylvania Association of Senior Centers, Pennsylvania Council on Aging, Pennsylvania Homecare Association, Pennsylvania State Nurses Association, and the National Association of Social Workers (NASW), Pennsylvania Chapter.

 

HB 245 unanimously passed the House on March 30, 2009 and has been awaiting action since. Now it is time for the Senate to act. 

 

Attorney Marshall can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Attorney Marshall is available on our website at www.paelderlaw.com/staff.html

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PBI Presents 'Long-Term Care Planning for Seniors'

Written By: Melissa Bottorf, Director of Public Education & Business Development

 

Tammy Weber and Jeff Marshall were the course planners for a statewide course on “Long Term Care Planning for Seniors” presented on April 28th by the Pennsylvania Bar Institute (PBI). Attorney Weber moderated the day-long session which was attended by over 400 lawyers throughout Pennsylvania.

For more information, visit PBI's Web site.

 

Melissa can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More

information about Melissa is available on our website at www.paelderlaw.com/staff.html

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Free Transit Program

 

Written By: Karen L. Griswold, Planning Specialist

 

If you are 65 years of age and older, you can ride free on any participating local public transportation system, including local bus, trolley, and subway (there is a one dollar charge on commuter rail services), under the Free Transit Program.  This program is funded by Pennsylvania’s Lottery and General Fund and administered by the Department of Transportation. 

 

For further information go to the Department of Transportation website at http://www.dot.state.pa.us/ and click on Public Transportation.  You can also contact your local transportation provider for further information.

 

Karen can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More

information about Karen is available on our website at www.paelderlaw.com/staff.html

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Marshall, Parker & Associates’ Employment Opportunities

 

ESTATE ADMINISTRATION PARALEGAL - Marshall, Parker & Associates is recruiting for an experienced estate administration paralegal. Applicants should have a minimum of 3 years working experience as an estate administration paralegal in a legal or trust department environment and should have familiarity with estate administration software. There are no medical benefits offered with this position.  No telephone calls.  Please submit resume and salary requirements by email to gkizis@paelderlaw.com or by mail to Marshall, Parker & Associates, ATT:  GM KIZIS, 1065 Highway 315, Suite 402, Wilkes-Barre, PA 18702.

 

PLANNING SPECIALIST- Marshall, Parker & Associates is recruiting for a Planning Specialist in our Scranton office. The qualified candidate must possess: a passion to work with the aging population and families; an understanding of finances; knowledge of Word and Excel. Job duties include representation of applicants for Medicaid nursing home benefits and drafting estate planning documents.  There are no medical benefits offered with this position.  No telephone calls.  Please submit resume and salary requirements by email to jreviello@paelderlaw.com or by mail to Marshall, Parker & Associates, ATT: Josephine Reviello, 329 Penn Avenue, Suite 202, Scranton, PA 18503.

 

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Follow Our Staff on Twitter

 

As an additional way to help you stay on top of the ever-changing issues affecting our clients, several Marshall, Parker & Associates’ attorneys are now “tweeting” on Twitter. You can follow Jeff Marshall at http://twitter.com/ElderLawGuy, Dale Tice at http://twitter.com/PAGasLawGuy and Brenda Colbert at http://twitter.com/PASpecialNeeds

 

Just click on the link above or on the Twitter link below to check out their tweets.

 

Jeff is giving is “followers” links to online articles he is reading on issues of importance to seniors and to people who may need long term supports and services. Dale is providing his “followers” with the latest information about Pennsylvania’s Marcellus shale industry and its effect on landowners. And, Brenda is tweeting about special needs planning. Here are some examples:

             

Public Opinion on Health Care Issues shows uncertainty about health care reform effects. http://tinyurl.com/26sbaof

There May be an Upside to Dying this year. Wealthy may need food tasters given estate tax situation. NPR - http://tinyurl.com/yyshqmw

NY toughens rules on gas drilling in two Marcellus watersheds - http://tinyurl.com/2f9ugae

Medicaid expansion in health reform is a good deal for states - Fed Govt will pick up nearly all costs - http://tinyurl.com/27ndv9b

Cabot Oil & Gas ordered to shut down 3 Marcellus wells that discharged natural gas into groundwater. http://tinyurl.com/y4u9tt9

Former CIA Director James Woolsey on how to end America's addiction to oil. http://tinyurl.com/y5sj3up

2010 Leadership Training for Brain Injury Survivors and Family Members http://tinyurl.com/yemcxw2

                           

For those of you who aren’t familiar with Twitter, it’s basically “micro-blogging.” Writers are forced to communicate in 140 characters or less (which is exceedingly tough for lawyers to do). You can get lots of information very quickly.  It’s free to sign up. Plus, it’s fun.  Sign up to be able to access all of their “tweets.”

 

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Contacting Marshall, Parker & Associates for Assistance

 

 

Marshall, Parker & Associates is a nationally recognized law firm which provides long-term care planning, estate planning, gas royalty owner planning, special needs planning, & estate administration services to Pennsylvania clients from our offices in Jersey Shore, Williamsport, Wilkes-Barre and Scranton.

 

Marshall, Parker & Associates is the ONLY law firm in the United States with more than two Certified Elder Law Attorneys (CELAs) on its staff.  Five of our attorneys are CELAs.  Only a lawyer who meets all of the certification requirements set by the Pennsylvania Supreme Court is recognized as a CELA. The coveted status has only been attained by 37 attorneys in Pennsylvania.  The Pennsylvania Supreme Court approved the CELA professional designation because it found that the CELA certification process provides valuable assurance to the public that the lawyer has an in-depth working knowledge of the legal issues impacting the elderly.

 

If you or someone you know needs assistance with estate or gas royalty planning or with qualification for Medicaid benefits for nursing home or home care, you can trust the lawyers at Marshall, Parker & Associates. Please call us toll free at 1-800-401-4552 or e-mail our Scheduling Coordinator, Lynn Wesley at webmail@paelderlaw.com.

 

Back issues of The Elder Care Law Alert are available on our website. 

 You can even search our site by a keyword or phrase!

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*Attorneys Marshall, Parker, Grebas, Weber & Colbert are all certified as Elder Law Attorneys by the National Elder Law Foundation under authorization from the Pennsylvania Supreme Court.

**In addition to her law degree and CELA status, Attorney Colbert holds an advanced legal degree (LLM) in Estate Planning from the University of Miami School of Law.

 

 

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