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Senior Citizens Handbook
Laws & Programs Affecting Senior Citizens in Virginia
A Joint Project of the Senior Lawyers Conference and the
Young Lawyers Conference of the Virginia State Bar
2005 Edition
Copyright Virginia State Bar 2005
Production of the Senior Citizens Handbook is made possible in part with the generous support of the Virginia Law Foundation
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You
may download a complete copy of the Senior
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section at a time, below.
TABLE
OF CONTENTS
Preface/Acknowledgements
Introduction
Financial
Assistance
Social
Security
Introduction
General Eligibility
Your Social Security Number
Retirement Benefits
When Should You Retire?
Benefits for Your Spouse
Survivor’s Benefits
Disability Benefits
Applying for Benefits
Appeals Process for Social Security
Overpayments
Representative Payee
Direct Deposit
Supplemental
Security Income
Introduction
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 Benefits
Applying for Benefits
Right to Appeal
Railroad
Retirement Act Benefits
The
Food Stamp Program
Introduction
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 and Gift Tax Exemption
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
Introduction
Medicare has Two Parts
Applying for Medicare
Medicare Part A: Hospital Insurance
Inpatient Hospital Care
Skilled Nursing Facility Care
Home Health Care
Hospice Care
Blood
Medicare Part B: Medical Insurance
Medigap
and Medicare Supplemental Insurance
Introduction
Medigap
Purchasing a Medigap Policy
Ten
Standard Medicare Supplement Plans
Medicare Advantage
Managed Care Plans
Advantages and Disadvantages of Managed Care Plans
Questions to Ask
How to Enroll in a Managed Care Plan
Web Sites
Medicare Prescription Drug Plans
Long
Term Care Insurance
Introduction
Coverage
Considerations When Buying a Policy
Eligibility
Conclusion
Alzheimer’s
Disease
Introduction
Symptoms
Services Available
Healthcare Services
Rest for the Caregiver
Resources for Families
Legal Considerations for Alzheimer's Patients
Making
Life Easier
Introduction
Prevention of Injury or Illness
Recovery from Injury or Illness
Conclusion
Long-Term Care
Nursing
Homes
What
is a Nursing Home?
Nursing Home Staff
Financial Assistance
Nursing Home Regulation
Resident Rights
Financial Controls and Resident Funds
Section 32.1-138
Long Term Care Ombudsman Program
Assisted
Living Facilities
Introduction
Design
Regulation
Paying for Assisted Living
Choosing an Assisted Living Facility
Adult
Day Care
Introduction
Services Provided
Paying for Adult Day Care
Regulation of Adult Day Care
Home
Care
Introduction
Types of Services Available
Arranging for Home Care
Choosing a Home Care Provider
Questions to Ask
Paying for Home Care
Continuing
Care Retirement Communities
Introduction
What is CCRC?
Residents’ Rights and the Possibility of Dismissal
Choosing 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 and the Landlord under VRLTA
Tenant Remedies/Defenses
Important Things to Remember
Landlord Remedies/Eviction under VRLTA
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?
The FHA-Insured Reverse Mortgage
Disadvantages of Reverse Mortgages
Planning
for the Future
Divorce
and the Elderly
Real
Estate Transfers
Probate
and Estate Administration
Probate
Estate Planning
Wills
Living Trusts and Living Wills
Joint Ownership as a Will Replacement
Advance
Directives
Introduction
Types of Advance Directives
Preparing an Advance Directive
Power
of Attorney and Durable Power of Attorney
Guardianship
Introduction
Who Needs a Guardian?
Funeral
Services
Planning Ahead
Planning at Time of Need
Benefits
Protection
of Legal Rights
When
Do You Need a Lawyer?
How to Find a Lawyer
Consumer
Guide
Introduction
Contracts and Credit Buying
Basic Contract Do’s and Don’t’s
Credit Card Finance Charges
Unsolicited Credit Cards
Lost or Stolen Credit Cards
Bad Credit Ratings
Error in Billing
Collection Agencies
Door-to-Door Sales
Mail-Order Merchandise
Unordered Merchandise
Telemarketing Sales
Unscrupulous Practices
Home Repairs
Health Quackery
Consumer Remedies
Suits in General District Courts
Age
Discrimination
Introduction
Employment
Federal Programs
Credit
Discrimination
Based on Disability
Grandparent
Rights to Visitation and Custody
Elder
Abuse
What
is Elder Abuse?
Signs of Elder Abuse
Preventing Abuse
Reporting Abuse
Alternative Dispute Resolution
Arbitration
Mediation
Specific Concerns for Seniors
Helpful
Contacts (Various Agency and Organization Listings)
Agencies on Aging
Alzheimer's Association Chapters in Virginia
Citizen Help Lines
Consumer Protection
Discrimination
Employment Information
Funeral Services
Health Care Information
Home Care
Housing Information
Information Referral Services
Legal Assistance
Legal Information
Long-Term Care Insurance
Long-Term Care Ombudsman Program
National Organizations
Nursing Homes, Adult Homes & Day Care
Railroad Retirement Act Benefits
Social Services (Local Departments)
Veterans' Affairs
Victims of Crime Compensation
Appendix A: Medicare Prescription Drug Improvement and Modernization Act of 2003: What Does it Mean for You?
by Usha Koduru, Esq., Young Conference Liaison to the Senior Lawyers Conference
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Virginia State
Bar
707 East Main Street, Suite 1500
Richmond, Virginia 23219-2800
Copyright 2005
First
Printing: September 1979
Second Printing: October 1980
Third Printing: November 1983
Fourth Printing: June 1988
Fifth Printing: April 1989
Sixth Printing: December 1991
Seventh Printing: June 1994
Eighth Printing: December 1996
Ninth Printing: January 1999
Tenth Printing: June 2004
Eleventh Printing: June 2005
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