Senior Citizens Handbook 

...a project of the Senior Lawyers Conference of the Virginia State Bar Association (2009, subject to update].

Table of Contents

Financial Assistance

Social Security

• Introduction
• Social Security and your retirement plans
• How do you qualify for retirement benefits?
• How much will your retirement benefit be?
• Full retirement age
• Age to receive full Social Security benefits
• Early retirement
• Delayed retirement
• Deciding when to retire
• Retirement benefits for widows and widowers
• Benefits for family members
• Spouse’s Benefits
• Maximum family benefits
• Social Security Benefits and Divorce
• How do you sign up for Social Security?
• Right to appeal
• If you work and get benefits at the same time
• A special monthly rule
• Your benefits may be taxable
• Pensions from work not covered by Social Security
• Leaving the United States
• Supplemental Security Income
• Eligibility
• Income
• Penalties
• Applying for Benefits
• Appeals Process for SSI
• Overpayments

Pensions

• Introduction
• Pension Eligibility
• Types of Pension Plans
• Pension Rights
• Breaks in Service
• Benefits for Workers’ Spouses
• Protection of Pension Funds
• Appeals
• Veterans‘ Benefits
• Eligibility
• Relationship of VA Income to Social Security Administration (SSA) Benefits
• Applying for VA Benefits and Information
• Right to Appeal
• Representation
• Railroad Retirement Act Benefits

Food Stamp Program

• Food Stamp Myth
• Applying for Food Stamps
• Eligibility
• What to Do if Refused

Federal Tax Relief

• Federal Income Taxes
• Federal Income Tax Credit
• Earned Income Credit
• Taxpayers Who Are Blind or Older than 65 Years
• Medical Expenses
• Sale of Principal Residence
• Medical Savings Account (MSA)
• Long-Term Capital Gains
• Estate Tax Exemption
• Gift Tax Annual Exclusion
• Other Important Tax Changes
• Real Estate Tax Reductions for the Elderly

Health Care

Medicaid

• Introduction
• Eligibility
• Applying for Medicaid
• Resource Limitations
• Transfer of Assets
• Medicaid and Long-Term Care
• Appeals
• Conclusion

Medicare

• What Is Medicare?
• The Different Parts of Medicare
• Medicare Part A (Hospital Insurance)
• Medicare Part B (Medical Insurance)
• Medicare Part C (Medicare Advantage Plans) (like an HMO or PPO)
• Medicare Part D (Prescription Drug Coverage)
• Your Medicare Coverage Choices
• Original Medicare
• Medicare Advantage Plans (like an HMO or PPO)
• Other Medicare Health Plans

Alzheimer’s Disease

• Introduction
• Symptoms
• Services Available
• Health Care Services
• Rest for the Caregiver
• Day-to-Day Assistance for the Caregiver in the Home
• Day-to-Day Assistance Outside the Home
• Short-Term Assistance for the Caregiver
• Long-Term Assistance
• Resources for Families
• Legal Considerations for Alzheimer’s Patients

Long-Term Care

Nursing Homes

• Introduction
• Selecting a Nursing Home
• Paying for Nursing Home Care
• Medicare
• Medicaid
• Veterans Benefits
• Private Health and Long-Term Care Insurance
• Personal Resources
• Resident Rights
• Financial Controls and Resident Funds
• Resources
• Long-Term Care Ombudsman Program

Assisted Living Facilities

• Introduction
• Design
• Regulation
• Paying for Assisted Living
• Choosing an Assisted Living Facility

Adult Day Care

• Introduction
• Regulation of Adult Day Care
• Services Provided
• Paying for Adult Day Care

Home Care

• Introduction
• Arranging for Home Care
• Choosing a Home Care Provider
• Questions to Ask
• Paying for Home Care

Continuing Care Retirement Communities

• Introduction
• Type A Facility: Extensive Plan
• Type B Facility: Modified Plan
• Type C Facility: Fee-for-Service Plan
• CCRC Fees
• Pros and Cons
• Residents‘ Rights and the Possibility of Dismissal
• Choosing a Specific CCRC
• Seek Professional Advice

Housing

• Landlord-Tenant Issues
• Obtain Necessary Information About Rental Property
• Understand Your Lease
• Virginia Residential Landlord and Tenant Act
• Security Deposits
• Rental Application
• Duties of the Tenant
• Duties of the Landlord
• Tenant Remedies/Defenses
• Important Things to Remember
• Landlord Remedies/Eviction
• Retaliatory Action by Landlord
• Rental Assistance Program
• Eligibility
• How Does the Program Work?
• Energy Assistance Program
• Who is Eligible for the Energy Assistance Program?
• How Long Does the Social Services Agency Have to Process My Case?
• Other Energy Assistance Programs
• Telephone Assistance Programs

Reverse Mortgages

• What Is a Reverse Mortgage?
• Who can qualify for a HUD HECM?
• What types of homes are eligible for HECM loans?
• How are the proceeds of the HECM loan paid to the homeowner?
• Must the proceeds of the HECM loan be used by the homeowner only for certain specified things?
• Is the homeowner personally liable to repay the HECM loan?
• Does the homeowner have obligations under the HECM loan?
• When must the HECM be repaid?
• Does the homeowner need to pay a fee to a planner or loan finder in order to obtain an HECM loan?
• Is an HECM loan expensive?
• Should the homeowner obtain counseling before obtaining an HECM?
• Are there web sites or toll free telephone numbers from which homeowners can obtain information about HECM loans or other reverse mortgage loans?

Planning for the Future

Divorce and the Elderly
Real Estate Transfers
Probate and Estate Administration

• Probate
• Estate Planning
• Wills
• Preparation of Your Will
• Changing Your Will
• Dying Without a Will
• Wills and Life Insurance
• Joint Tenancy Ownership as a Will Replacement
• Revocable Living Trusts
• Estate Taxes
• Settling an Estate/Administering a Trust
• Special Needs Trust
• Supplemental Needs Trusts

Advance Directives

• Introduction
• Types of Advance Directives
• Health Care Power of Attorney

Power of Attorney and Durable Power of Attorney
Guardianship

• Introduction
• Who Needs a Guardian?

Funeral Services

• Planning Ahead
• Funeral Service Consumer Guidance
• Planning at Time of Need
• Veterans

Benefits

• Social Security

Protection of Legal Rights

When Do You Need a Lawyer?
How to Find a Lawyer
Consumer Guide

• Introduction
• Contracts and Credit Buying
• Basic Contract Dos and Don’ts
• Credit Card Finance Charges
• Unsolicited Credit Cards
• Lost or Stolen Credit Cards
• Bad Credit Ratings
• Error in Billing
• Collection Agencies
• Door-to-Door Sales