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Senior Citizens Handbook

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The Senior Citizens Handbook is a resource for seniors, their families, and their caregivers to provide an overview of and contact information for opportunities and choices facing senior citizens today, with a summary of how specific laws affect Virginia's elder citizens and practical advice on issues such as Medicaid, Alzheimer’s Disease, landlord-tenant relations, and much more. There is also an extensive list of community-service organizations that detail the various services available to senior citizens.

Production of the Senior Citizens Handbook is made possible in part with the generous support of the Virginia Law Foundation

Revised March 2009

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
Mail-Order Merchandise
Unordered Merchandise
Telemarketing Sales
Unscrupulous Practices
Bait and Switch
Pigeon Drop
Home Repairs
Health Quackery
Consumer Remedies
Suits in General District Courts

Discrimination

Age Discrimination
Discrimination Based on Disability

Grandparent Rights

Grandparent Rights to Visitation and Custody
A Primer on Legal Custody and Guardianship of Grandchildren
Legal Custody
Guardianship
Parental Presumption
Person with a legitimate interest
Visitation Determination
Foster Care and Grandparents
State Benefit Programs
Internet Resources

Elder Abuse

What Is Elder Abuse?
Signs of Elder Abuse
Preventing Abuse
Reporting Abuse

Alternative Dispute Resolution

Arbitration
Mediation
Collaborative Family Law

Specific Concerns for Seniors
Helpful Contacts

Agencies on Aging
Citizen Help Lines
Consumer Protection
Employment Information
Funeral Services
Health Care Information
Information and Referral Services
Legal Information
Nursing Homes, Adult Homes & Day Care
Railroad Retirement Act Benefits
Social Services (Local Departments)
Veterans’ Affairs
Victims of Crime Compensation

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