New
Laws Affect Seniors
Written
By:
Jeffrey A. Marshall
, Certified Elder Law Attorney*
As
usual, the Pennsylvania Legislative Session has closed with a flurry of
activity. Among the many
bills passed by the legislature and signed into law by Governor Rendell
are a number of measures affecting seniors.
House
Bill 1211 raises the personal needs
allowance allowed to nursing home residents who are on Medicaid to $40 a
month. (The deduction was
previously limited to $30 a month). Residents
on Medical Assistance are permitted to deduct this amount for purposes of
determining how much the resident must pay toward the cost of care while
living in a nursing facility. DPW must implement the change in 90 days
(the end of March, 2005). The monthly personal needs allowance will
increase again to $45 in 2007.
A
copy of HB 1211 is available at http://www.legis.state.pa.us/WU01/LI/BI/ALL/2003/0/HB1211.HTM
House
Bill 2036 amends Title 20 of the
Pennsylvania Consolidated Acts by adding a chapter on mental health powers
of attorney and declarations. In addition, the bill amends
provisions on prudent investor rules governing charitable trusts.
We will discuss the new mental health powers of attorney law in
greater depth in a future issue of the Elder
Care Law Alert.
A
copy of HB 2036 is available at http://www.legis.state.pa.us/WU01/LI/BI/ALL/2003/0/HB2036.HTM
Senate
Bill 95 amends Title 20 (Decedents,
Estates and Fiduciaries) to provide that the provisions relating to the
distribution of property upon the death of a married person living in the
Commonwealth prior to death are not applicable if, at the time of death
the person was in the midst of divorce proceedings or if no decree of
divorce was entered into but grounds for entering a decree of divorce or
annulment prior to the final determination and disposition of rights and
obligations between the parties had been established.
Senate
Bill 95 also amends Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes to clarify the rights of the parties when a couple
has commenced to live separate and apart.
The new law establishes the burden of proof for setting aside a
premarital agreement and provides provisions regarding divorce or
annulment prior to the final determination and disposition of rights and
obligations between the parties. It also makes revisions to the
definition of "marital property." It takes effect in 60 days.
A
copy of SB 95 is available at http://www.legis.state.pa.us/WU01/LI/BI/ALL/2003/0/SB0095.HTM
Senate
Bill 1167 amends the State Lottery Law to
provide for the dispensing of a brand name drug to a PACE or PACENET
recipient if it is less expensive than the generic equivalent. It also
revises the section regarding rebates to reflect determinations made under
the federal Social Security Act. The Act takes effect immediately
and the revisions regarding rebates will be retroactive to
Jan 1, 2004
.
House
Bill 2719 provides that no common
law marriage entered into after
January 1, 2005
, shall be valid.
A copy of SB 95 is available at http://www.legis.state.pa.us/WU01/LI/BI/ALL/2003/0/HB2719.HTM
House
Bill 2441 (sponsored by Rep. Steven
Cappelli, R-Lycoming), provides that a surviving spouse may, at any time,
resume their prior last name by filing a written notice, as well as a
death certificate for the deceased, in the clerk of courts of common pleas
in the county where they reside. The bill becomes effective in 60
days.
The
Governor vetoed Senate Bill 492. Senate
Bill 492 was intended to update
Pennsylvania
's laws regarding
health care decision making for incapacitated persons and create the new
position of "health care representative" for incapacitated persons who
have no health care agent or other authorized decision maker.
The Governor also vetoed SB 304 which would have increased the
amounts payable under Probate Estate's and Fiduciary's Code Section
3101, increased the family exemption to $5,000 and removed the requirement
that the child be a member of the decedent's household to claim the family
exemption.
Attorney
Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
A
Letter of Instructions to Your Family
Written
By: Jeffrey A. Marshall, Certified Elder Law Attorney*
Okay.
You just came back from your lawyer.
Your estate is "planned."
You signed your Will and powers of attorney and made sure that your
life insurance and other beneficiary designations are up to date.
You feel like a big weight has been lifted off your shoulders.
You know your family will be protected if something happens to you.
But wait! Your
job is not yet quite finished. Does
your family know where your important papers are located?
Can they easily find all your investment accounts and insurance
policies? Do they know what
kind of funeral arrangements you want?
Do they know how to get in touch with your lawyer?
Do they know who should receive those precious personal items that
may not be worth a lot of money, but can be so important to someone you
love?
One way to handle these details is with a letter
(or letters) of instructions. A
letter of instructions can contain (1) instructions as to funeral and
burial arrangements, (2) instructions as to the disposition of some of
your personal items, and (3) information as to the location of your
important papers and the identity of your advisors.
A letter of instructions is not a substitute for your
will. It is a list of things that your survivors need to know should
anything happen to you. Although
such instructions are not legally binding as they would be if contained in
your Will, a letter is much more easily revised than a Will.
Moreover, your Will may become a public record and its contents
viewed by any curious person, while your letter of instructions should
remain private.
Here are some things you may want to include in your
letter or letters of instructions:
Funeral and Burial Arrangements
When a person dies, their family must make a number
of decisions fairly quickly about funeral and burial. Some people include
details about these arrangements in their Wills.
However, your Will may not be located and read until after the
funeral. A better alternative
may be to prepare a letter of instructions which contains private,
informal directions from you regarding the arrangements you prefer.
Disposition of Personal Items
You can give directions as to how your household
goods and personal effects should be distributed among your family and
friends. For example, your
Will might specify that you leave your personal effects to be divided
equally among your children, but you may decide you want a certain piece
of jewelry to go to one child and a painting to another.
You can put this information in a letter of instructions.
Later you can change your mind and modify your directions without
having to modify your Will. (If
you do provide this kind of direction in a letter of instructions, you
should be sure to note in the letter that your instructions are not
intended to have the effect of modifying or revoking your Will.)
Locating Important Papers and Advisors
A letter of instructions can help your executor
locate and gather the assets of your estate.
A detailed list of investments and other important information,
prepared by you, can help ensure that none of your assets will be
overlooked.
Once your letter is prepared, make several copies.
Give one to your lawyer, place another with your copy of your Will,
and keep another in the place your family would look first in the event of
your death. Review your
letter every year or so to make sure it is kept up to date.
Having this information will ease the stress on your
family after you are gone. It
is one final kindness you can do for them.
Attorney
Marshall can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
When
Driving Becomes Dangerous
Written
By:
James Hathaway
, Marshall & Associates'
Intern
Driving
at any age can be a complex and hazardous endeavor. The situation may
become even more complex for the older driver. Many of the skills such as,
seeing, hearing, reaction time, and flexibility become slower as one ages.
Despite these physiological changes, there are many things that can be
done on a day-to-day basis to help older drivers.
It is important to recognize the signs that your
ability as a driver are changing.
1. Are street
signs and signals becoming harder to see?
2. Do left hand traffic turns make you nervous?
3. Do you find yourself driving slower because you need more time
to react?
4. Is it harder to turn your steering wheel?
These are just a few signs that you might notice. A
series of tests to show us how your ability may have changed is available
in the "Driving Safely As You Get Older" Booklet published by Penndot.
There are a few other things you can do to help keep
you a safe driver.
1. Try to stick to roads where you know the traffic flow.
2. Drive with a passenger who can be "a second pair of eyes."
3. When conditions allow, a following distance of 4 seconds is
recommended.
5. Make sure that your head lights are clean and properly aligned.
6. If you wear corrective
lenses make sure to wear your most current
prescription
These
and other helpful driving tips and tests are available in the "Driving
Safely As You Get Older" booklet that is available through Penndot.
Visit their website at http://www.dot.state.pa.us
or call 1-800-932-4600 for your copy.
James
Hathaway can be contacted at webmail@paelderlaw.com
or at 1-800-401-4552
Attorney
Marshall Quoted in Time Magazine
Attorney Marshall is quoted in the
November 29, 2004
issue of Time Magazine,
available online at http://www.time.com
(search on "Ask Francine"). He
was interviewed by Time
columnist Francine Russo for the Generations column.
The column deals with problems arising between children when a
parent becomes incapacitated and one child holds power of attorney and
withholds information from other involved family.
The column advises that the child without power of
attorney is not helpless. It
quotes Attorney Marshall as noting that family members have a number of
protections and remedies: they can seek an accounting from the power of
attorney, file for guardianship, or call protective services if they
suspect financial abuse.
Marshall
& Associates Now Offering FREE In-Office Workshops
Marshall
& Associates is now offering free workshops for seniors, their
families and professionals who want to know more about paying and planning
for long term care. The
workshops are held in our
Williamsport
and
Wilkes-Barre
offices and last about an hour. These
informal discussions with our planning experts are a great opportunity to
learn about the options available to pay for care.
Reservations
are suggested, but not required. SIGN
UP ONLINE or call 1-800-401-4552 for
more information or to reserve your spot.
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*Attorney
Marshall
is certified as an
Elder Law Attorney by the National Elder Law Foundation under
authorization from the Pennsylvania Supreme Court
© 2000-2005
Marshall & Associates www.paelderlaw.com
