Exclusive to the NAELA News: An Interview with Jane Bryant ... News/NAELANewsVol11No4.pdfBryant...

In this issue...

President’s Message .................. 3

When the Con Artist Comes ........ 18

Peripatetic Essay ..................... 20

Members In The News ............... 22

Dealing With the Media ............. 24

(continued on page 2)

TM

1

IntroductionIn February, on

behalf of NAELA, Iattended a long-term care confer-ence. Laury Adsit,our executive direc-tor, Jay Kearns andAl Chiplin (whoare working on theLTCI certificationproject) attended aswell. During theconference, JaneBryant Quinn, awell-known syndi-cated columnist,gave a keynote ad-dress that covered awide range of issues, including Medic-aid planning and long-term care insur-ance. After her speech, we introducedourselves and talked with her brieflyabout NAELA and Medicaid planning.During our conversation, she agreed tobe interviewed for the NAELA News. Atthe conclusion of the interview, I gaveher a standing invitation to attend ourprograms and she kindly agreed to re-view this article prior to publication foraccuracy.

My goal for this interview was toget her thoughts on a number of differ-ent topics in her own words. This

article appears in aquestion and answerformat.

Having the op-portunity to inter-view Jane BryantQuinn was a high-light of my presi-dency. I hope youfind this article in-formative.

Mechanicsof theInterview

I so l ic i tedques t ions fromNAELA’s ExecutiveCommittee and oth-

ers, consulted with the Treasurer,Geraldine Champion, who was a jour-nalist previously, and developed alengthy list of questions that I sent toMs. Quinn the day before the interview.We sent her information about NAELA.Laury and I talked with her by telephone– she was very gracious and answeredmy questions for 50 minutes – and Ithink she would have even allowed me afew more!

The InterviewRCM You write a number of articles on

issues that affect our clients,

Exclusive to the NAELANews: An Interview with

Jane Bryant Quinnby Rebecca C. Morgan, Esq.

including the Social Security,Medicare, and long-term care.What drew you to those issues?

Quinn They are all leading consumerissues of our times. They involvepublic policy, they involve people’smoney, they raise moral and socialissues that are important. As all ofus get older, they become increas-ingly important to a larger portionof the population. How are wegoing to pay for aging? Who isgoing to pay? This certainly is avery big issue in personal finance.

RCM You see these issues continuing, Iassume, to increase or to continuetheir importance?

Quinn Because they are not solved. We

August 1999August 1999Volume XI ● Issue IVVolume XI ● Issue IV

Jane Bryant Quinn

2

NAELA News ● August 1999

Exclusive to the NAELANews: An Interview withJane Bryant Quinn(continued from page 1)

National Academy ofElder Law Attorneys

ARIZONAARIZONAARIZONAARIZONAARIZONAKay RichterTucson, AZ

(520) 318-1301

CAROLINASCAROLINASCAROLINASCAROLINASCAROLINASDiana Armatage Johnston, CELA

Hendersonville, NC(828) 693-0811

Francelle C. Millender, CELAColumbia, SC

(803) 733-3433

NORTHERN CALIFORNIANORTHERN CALIFORNIANORTHERN CALIFORNIANORTHERN CALIFORNIANORTHERN CALIFORNIAGregory Wilcox, CELA

Berkeley, CA(510) 665-8400

SOUTHERN CALIFORNIASOUTHERN CALIFORNIASOUTHERN CALIFORNIASOUTHERN CALIFORNIASOUTHERN CALIFORNIAElizabethanne M. Angevine

Whittier, CA(562) 464-1150

COLORADOCOLORADOCOLORADOCOLORADOCOLORADOR. L. Steenrod, Jr.

Denver, CO(303) 534-5100

FLORIDAFLORIDAFLORIDAFLORIDAFLORIDAG. Mark Shalloway, CELA

West Palm Beach, FL(561) 686-6200

KANSASKANSASKANSASKANSASKANSASKristin L. McCord

Mission, KS(913) 831-4045

ILLINOISILLINOISILLINOISILLINOISILLINOISHoward S. Berk

Chicago, IL(312) 603-0800

MASSACHUSETTSMASSACHUSETTSMASSACHUSETTSMASSACHUSETTSMASSACHUSETTSJohn J. Ford

Lynn, MA(781) 599-7730

MISSOURIMISSOURIMISSOURIMISSOURIMISSOURICraig C. Reaves, CELA

Kansas City, MO(816) 756-2100

NEW JERSEYNEW JERSEYNEW JERSEYNEW JERSEYNEW JERSEYEugene Rosner, CELA

Clark, NJ(732) 382-6070

TEXASTEXASTEXASTEXASTEXASJulia E. MerktEl Paso, TX

(915) 545-1063

WASHINGTONWASHINGTONWASHINGTONWASHINGTONWASHINGTONSean bleckSeattle, WA

(206) 340-2200

Please note that this list does not include theNAELA chapters currently in formation.

Chapter PresidentsChapter Presidents

have not yet reached anyagreement as to how we aregoing to pay for them and who isgoing to get the services or theincome. Until we reach thatagreement, it is going to be anopen sore.

RCM I know that there are a lot ofissues that we have to deal with.Do you think any of these aremore pressing than the others?

Quinn Everything is pressing. TheMedicare trust fund is closerto being in trouble than theSocial Security trust fund is,but I don’t think I would putone over the other. All ofthese issues are important. Idon’t think I would rank them.

RCM Let’s switch to the issue oflong-term care. I know thatthe President has introduceda proposal and I’ve read a fewof the things you’ve writtenabout it. What do you thinkabout the proposal?

Quinn I am not a big fan of hisproposal. I think it’s mainly tohelp caregivers. It gives thema tax credit. It does not helppeople who do not pay taxes.Also it doesn’t help lowerincome people who are givingcare. It would only apply inthe most serious cases ofhome care, and then it wouldcome to something like $3.00 aday. That’s not going to help awhole lot. The proposal honorspeople who do home carewithout really helping them a lot.The budget for it is somethinglike $5.5 billion. At the sametime, they’re cutting a muchlarger sum out of Medicare,including Medicare home care.It would be more sensible toallocate this money to Medicare,including home care, rather thangive a certain group of caregivers

$3.00 a day. It’s nice to recog-nize caregivers but the tax codeisn’t there to recognize things.Also, there’s no guarantee that atax credit would add to theamount of home care available.I would prefer to see the moneyin the general program.

RCM Do you think that the generalpublic realizes the shortcom-ings of this proposal, or doyou think they just say, “oh,the President’s trying to dosomething about long-termcare?”

Quinn Oh, probably, the latter, whichis what’s intended. Unless, ofcourse they read my columnand maybe acquired a differentview.

RCM In your writings you havemade reference to the fact thatyou’ve had personal experi-ence with long-term caregiving. Would you be willingto share your personal storywith us?

Quinn Not in great detail, but I willtell you briefly. My mother-in-law lived with us for nineyears after she becamephysically incapable of livingon her own. It was notAlzheimer’s but it was aprogressive dementia ofanother sort. We had homecare, and kept her with us untilit became too difficult. For herlast three years, she was in anursing home.

RCM Based on your personal experi-ences, do you recommend thatCongress do something else otherthan what the President’sproposing?

Quinn Well, that’s one of the issues. Wecould afford home care for mymother-in-law. So why should Iget $1,000 on my tax return tohelp me when I could afford topay it? We did what we didbecause she was my husband’s


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Board Of DirectorsBoard Of Directors

2000National Academy ofElder Law Attorneys

P R E S I D E N TA. Frank Johns, CELA

Greensboro, NC

P R E S I D E N T - E L E C TJudith A. Stein, Esq.

Mansfield, CT

V I C E P R E S I D E N THoward J. Atlas, CELA

Melville, NY

T R E A S U R E RCharles Patrick Sabatino, Esq.

Washington, D.C.

S E C R E T A R YWilliam J. Browning, CELA

Worthington, OH

P A S T P R E S I D E N TRebecca C. Morgan, Esq.

St. Petersburg, FL

D I R E C T O R SDonna R. Bashaw, CELA

Laguna Hills, CA

Thomas D. Begley, Jr., CELAMoorestown, NJ

Dennis J. Christensen, Esq.Mount Pleasant, SC

Joyce M. Collins, Esq.Hyannis, MA

Ronald A. Fatoullah, CELAGreat Neck, NY

Dan Kellogg, CELARenton, WA

John (Jay) F. Kearns, CELAWest Hartford, CT

Bernard A. Krooks, CELANew York, NY

Julia E. Merkt, Esq.El Paso, TX

Alex L. Moschella, Esq.Somerville, MA

Julie R. Osterhout, CELAFort Myers, FL

Steven C. Perlis, CELAArlington Heights, IL

Mary T. Schmitt Smith, CELABloomfield Hills, MI

John J. Wargo, CELARacine, WI

Stuart D. Zimring, Esq.North Hollywood, CA

E X E C U T I V E D I R E C T O RLaury L. Adsit

Tucson, AZ

M A N A G I N G D I R E C T O RDeborah J. Barnett

Tucson, AZ

The NAELA News is published by theNational Academy of Elder Law Attorneys, Inc.

1604 N. Country Club Road ● Tucson, AZ 85716-3102520/881-4005 ● 520/325-7925 Fax ● www.naela.org

© Copyright NAELA 1999

Articles appearing in the NAELA News may not be regarded as legal advice. Thenature of elder law practice makes it imperative that local law and practice beconsulted before advising clients. Statements of fact and opinion are the respon-sibility of the author and do not imply an opinion or endorsement on the part of theofficers or directors of NAELA unless otherwise specifically stated as such.

Publications Chair .......................................................... Howard J. Altas, CELA, Melville, NYCo-Editor .............................................................................. Alex L. Moschella, Somerville, MACo-Editor ......................................................... William J. Brisk, CELA, Newton Highlands, MAAssociate Editor ............................................................. Sharon K. Gruer, Great Neck, NYAssociate Editor ................................................................... Steven H. Stern, Islandia, NYExecutive Director ........................................................................... Laury L. Adsit, Tucson, AZCommunications Director ................................................. Jihane K. Rohrbacker, Tucson, AZCommunications Coordinator .................................................. Carolyn A. Smith, Tucson, AZGraphic Designer ......................................................................... Kristin L. Hager, Fishers, IN


President’s Messageby A. Frank Johns, CELA

A. Frank Johns

This is the first messageof my term as NAELA presi-dent. I am approaching thesemessages in the same manner,and hopefully at the same highlevel, as Clifton B. Kruse, Jr.,did during his tenure asNAELA President. You maynot yet know Clifton. You mayget to know him by reading hiscolumn, “The Peripatetic Es-sayist,” in the NAELA News.Clifton was insis-tent that LauryAdsit write an ex-ecutive director’scolumn that ad-dressed the opera-tion and function ofNAELA, while heas president ad-dressed the visionand future ofNAELA, its mem-bers and its mem-bers’ service totheir vast numbersof older clients. I intend to follow mymentor’s suit, striving to be as success-ful as he was.

In this first president’s message, Iam sharing my remarks delivered at the

opening of the NAELA Sym-posium in San Diego, titledBeen Thinking About It!; andthe comments delivered atthe annual business lun-cheon on May 22, 1999, titledThe History, the Spirit, theChallenge and the Charge.I am taking the liberty to placethese in writing to you allbecause less than 10 percentof you were able to attend the

symposium. Forthose of you whowere there, I hopethese are refresh-ing recollections ofwhat was said.

BeenThinking ofIt!

As I stood be-fore several hun-dred symposiumattendees, I wassomewhat un-

nerved. President Rebecca Morgan hadjust delivered superb remarks, comment-ing on the successes attained by theNAELA leadership through the course

“In the middle of thatsleepless night, I

outlined the goals andobjectives for NAELA

during my term aspresident.”

4


mother, which is I think is whatmost families do— taking care ofrelatives, because you love them.We have a limited amount ofFederal money. I don’t seeoffering tiny tax credits for thingspeople would do anyway. It’sbetter to use this money to add tothe amount of health care—forexample, by adding to Medicare’shome care program. Distributingservices through tax credits ishighly inefficient. It’s not clearthat it adds to the supply, andit’s not clear where the moneyultimately goes.

RCM Long-term care insurance issomething that has beenaround awhile. It’s been gainingmore attention and moresupport. People are becomingmore aware of it and areinvestigating the feasibility of it.Our members, where they believeit’s appropriate for their clients,make recommendations to them

about long-term care insurance,but sometimes they’re going tosee clients who are going to beeither not eligible or they’ve beendenied insurance coveragebecause they are too old or toosick. What would you suggestfor people like that who haven’tmade the plans ahead of time?

Quinn I have no suggestions for them.If they’re too old or too sick tobuy long-term care coverage—well, this is one of the argumentsfor having universal care in thiscountry. Today, if you can’t affordcare and don’t have insurance,you’re stuck. You have to spenddown for Medicaid. We’re theonly developed country in theworld that does not have auniversal health system for itscitizens, and I think that’s a shame.We’re the richest, and we can’tgive our citizens universal care. Ifwe had universal care, the problemyou just outlined to me would notoccur.

RCM Is part of the problem gettingothers to plan ahead?

Quinn If you plan ahead and you buyinsurance younger, you don’trun into the old-and- sickproblem. If you are sick, thereis nothing you can do.

RCM As the elder law attorneys, wesee the boomers usually in thecontext with problems regard-ing their parents. But how dowe convince them or whatshould we be stressing tothem to make them understandthe importance of theirplanning for their retirementand for their long-term careneeds?

Quinn I think that’s hard to do at thispoint because the boomershave other expenses. Theyhave college on their minds.They may think they haven’tsaved enough money forretirement. They have a lot ofother expenses that have to behandled, before they thinkabout long-term care. Also,they may feel that, by the timethey’re 85 or 90, the govern-ment will pay, or some othersystem will be in place. Andthat is not entirely illogical.You can’t predict how long-term care will be handled 30years from now. They may bereluctant to pay for somethingthat could become obsolete. Inapproaching boomers, theinsurance companies have notbeen creative enough. They needto look into current needs. Forexample, they might sell boomersa disability policy that becomes along-term care policy when theyretire. That gives them value now,as well as future value, and buildsa payment into their budget. Acouple of insurers are trying thingslike this. I think that that’s thepath more companies will take.Now it’s possible that boomerswill get more interested in straightlong-term care. More employersare offering group long-term care,which raises awareness. Assuming



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5


this coverage is portable, someof the boomers might keep itwhen they move to another job.

RCM When we have clients in ouroffice and we’re talking to themabout long-term care and theviability of a policy, are there anyparticular points or advice thatyou would give us for our clients?

Quinn The things that you knowalready. A policy should becomprehensive. It’s useful tohave inflation adjustment whenyou’re younger, although whenyou’re much older it mattersless. Look for a level premium–along with disclosure that yourclass of premiums might still goup in price. It is important, Ithink, for people who buy thesepolicies to know that in thefuture, if the company concludesthat it has mispriced the policy,the cost of the entire class ofpolicies may increase. Peoplewho buy this insurance need tohave the financial resources topay a higher price in the future,just in case. Low-cost long-termcare is almost certain to go up. Ilike policies where the paymentsare pooled for both home careand nursing home care so youdon’t have two separate divi-sions–this money over here fornursing home and that moneyfor home care. When you’relooking at a limited budget, youwant a long waiting periodwhich, presumably, you wouldfill with your own savings. Ifyou could pay for nursing-homecare for the first six months oreven 12 months, you’d loweryour insurance costs. Alterna-tively, you could buy a largerdaily benefit. How long abenefit to buy? Three years isprobably a reasonable average.Some people might want fiveyears. The cost of permanentcoverage—say, 20 years—ispretty high. That might not bethe best use of your money.

RCM Who then do you believe shouldbuy long-term care?

Quinn Anybody who wants to protectsassets. They’d rather have theinsurance policy pay than paythemselves. I can’t see makingyourself poor in order to buylong-term care insurance. Youhave to have the income to buyit, plus a strong desire to useyour assets for something otherthan your own care.

RCM You know some of our membersdo Medicaid planning for theirclients and I know you have writtenon the issue of Medicaid planningand transfers. Do you see a casewhere Medicaid planning would beappropriate?

Quinn I think that there is a legitimateconcern, where there’s a spouse athome. However, there are alreadymany protections for the spouse athome, which need to be examinedbefore you do Medicaid planning.I also think that if planning is doneto protect the spouse at home, andthe other spouse does indeed gointo a nursing home, it would beproper for states to recover theMedicaid money from the estate,when the second spouse dies. Ibelieve very strongly that peopleought to pay for themselves,instead of pushing the bill onto thetaxpayers. I think it’s shocking thatpeople with money still want thepublic to pay.

RCM Let me talk to you for a fewminutes about Social Security. It’sa hot topic this year. The Presidenthas a proposal for reform. The

Republicans are going to maketheir own suggestions on how tosave it. If you were in chargeand you could reform SocialSecurity, what would you do?

Quinn I think that the best plan on thetable right now is the President’splan. It’s a smart idea, to use thesurplus to pay the federal debt.You can get the debt down to verylow levels. Then, when we needextra funds to cover boomers’retirements, it would make senseto borrow some of that moneyback. There are times in thiscountry when we’ve borrowedenormous sums, for things thatwere deemed essential. We hadhuge debts in the wars of courseand then worked them down. Wehad big debts in the 1980s. In theupcoming years, we could workdown the debt almost to zero, if allthe surplus were saved. In 2020or so, we could re-borrow to payoff Social Security claims.Basically, that’s what the Presidentis looking at. He also wants to putpart of the trust fund into the stockmarket, in the form of equity-fundinvestments. I think that’s anintelligent approach. All the statepension funds do it. Every privatepension fund does it. Over thelong-term, equities give you higheryields—so you wouldn’t have toworry so much about cutting back.

The privatization plans on thetable have a lot of ideologicalsupport, but no one has shown meyet how they are going to work, ina practical sense. They’re talking



Attention Readers!If you purchased the Jack Stevens book, Avoiding the Tax Traps inYour IRA, at the NAELA Symposium, please fax or e-mail your nameand address to the NAELA office so that Jack can provide you up-dates in the law as they occur. Please fax to (520) 325-7925 attention:Debbie Barnett or e-mail her at [email protected].

6


about taking two percentagepoints of your Social Security taxand putting it into privateaccounts. Some 40 millionworkers would be putting in lessthan $80 a year. What does thatcost to manage? Who’s going tomanage it? Probably thegovernment, but how? How doesthe government keep track ofmillions of people as they movefrom place to place? Last yearsomething like 99,000 taxrefunds were returned becauseof the wrong address. How isanyone going to keep track of150,000,000 Social Securityaccounts? How do you splitthem in case of divorce? Whogets what? Does the govern-ment have to keep track ofeveryone who gets divorced?You can see that the practicalquestions are stunning. Recently, astudy was done of three counties inTexas that, in the early 1980s,withdrew from Social Security.Public employees can’t do thatnow, but they could back then.They withdrew and set up privateaccounts. The cities contributedeven more to their accounts thanemployers do under SocialSecurity. Yet almost 20 years later,both lower-income people andspouses at home were getting lessout of these than Social Security

would have paid. Social Securitytips toward spouses at home andlower earners, which doesn’thappen in the private accounts. InTexas, the winners were peoplewith more money, the losers werepeople with less money. I don’tthink we’ve had a public discussionof whether we want to risk thatkind of outcome. Supporters ofprivatization talk as if everyone willdo better with personal accounts,and that’s not true.

RCM Proponents for the privatizationrefer to Chile’s system. Is that agood comparison for us?

Quinn That’s what everyone says, so I gota lot of data from people who havestudied Chile’s system. Chile hasan easy way of handling smallaccounts—hard-to-find people,migrant workers, agriculturalworkers, that sort of thing —theyleave them out of their privatizedsystem. Some 40 percent ofChileans aren’t included. Theirsystem is aimed toward the urbanmiddle–and working class.Chileans pay 18 to 30 percent outof their accounts each year formoney management. I think that’spretty unreasonable. So this isn’t amodel we can use. In fact, I waspretty stunned when I looked at it.

RCM In terms of health care, Medicareof course is a big issue. So muchhas happened to it recently. Ifyou could do it, what would youdo to change Medicare?

Quinn There are very few choices onMedicare. With an agingpopulation, better drugs andwonderful medical technology,medical care will cost us more.You either deny care or concludethat the national medical bill isgoing to be higher, because we, asAmerican voters, want toconsume more care. There isn’tany rule that says what percentageof the gross national productshould go to medical care. Thepublic and the nation decide thisand I think we’ll ultimately decidethat it should be a higher fractionthan it is today. Good health isworth buying. I spent less of mypersonal money on my health at25, I’m going to spend more at75. The question is, who’s goingto pay–right now nobody wants topay. We want our health, but wedon’t want higher payroll taxes, orhigher Medicare premiums.Eventually, I believe that we’ll payboth. Why refuse people medicalcare when we’re a rich nation andcan afford it?

RCM Some have suggested that if weare going to change Medicare weought to add a Part D for long-term care. Do you think peoplewould be willing to accept moretaxes for health care?

Quinn I think we need to consider taxesfor the basic medical systembefore we even begin to thinkabout long-term care. To me,long-term care is somethingpeople need to save for or coverwith personal insurance. You savemoney all your life to take care ofyourself in your old age. Well,long-term care is taking care ofyourself in your old age. I thinkthat should still be a privateresponsibility, unless you trulyhave no money. I stronglysupport the Medicaid program.I just don’t support people goingon Medicaid artificially.

RCM The President is looking at acouple of proposals regarding



NAELA Programming:Time for a Change?

As we begin our second decade, many members have voiced an opinion thatNAELA should look at making some changes in its programming. If you haveany thoughts or suggestions, please write me. As NAELA Programs CommitteeChair for 1999-2000, my committee and I plan to review all suggestions, to havea focus group discuss programming and to make recommendations to the fullboard of directors in 2000. Your suggestions can be sent to: Julie Osterhout,10175-4 Six Mile Cypress Parkway, Fort Myers, FL 33912.

7


Medicare. One is to lower theeligibility age and the other isthe issue of coverage ofprescription drugs. What’s yourreaction to those two proposals?

Quinn Lowering the eligibility age:that proposal would have peoplebuying into Medicare, so theywould presumably be paying theirown way. It’s for the tens ofthousands of early retirees wholose coverage before 65. Intheory, it’s a good idea. As longas you’re paying own way, you’renot adding to the financingproblems we already have withMedicare. In practice, unfortu-nately, the sick would buy in andthe well might not, so you wouldhave adverse selection. Theprogram’s expenses would bemuch higher than the govern-ment originally thought. To me,this is one of the holes in thefabric that is best cured byhaving universal care, so that

everyone is in the insurancepool. What happens with allthis patchwork coverage is thatwe shift our costs around, withthe healthy people trying tododge them. That runs up theprice. It creates distortions andadds to the overhead. Ulti-mately, universal care is theonly solution.

RCM This idea of prescription drugsis very popular.

Quinn Having the government pay forprescription drugs is highlypopular. Paying for it yourselfis not. They’re probably goingto try to do it. It’s a good idea,but it’s ultimately going to costyou, in premiums or taxes. It’snot going to come free.

RCM Isn’t the possibility of the costfor the coverage of prescriptiondrugs huge?

Quinn Yes, it is huge. But I think thereneeds to be some coverage ofprescription drugs. WhenMedicare started, drugs didn’tdo all the things they do today.There are all kinds of things

that can be cured with drugs thatwere not curable then. Drugsshould be available, but paid forwith taxes and structured ascatastrophic care. Say, you paythe first $2,000 and the programpays everything above that.There are various ways ofdesigning a drug benefit. Buthowever you design it, it willcost money and we’ll have topay for it. If taxpayers don’twant to pay, it shouldn’t be inthe program.

RCM One of the things that we haveseen as a result of the changes inthe Balanced Budget Act withhome care, is a number ofpeople who are losing theirhome care coverage and beingtold this happened as a result ofthe change in the law. They’renot eligible for long-term care.For some of them it’s a crisis.Do you have any suggestions onhow we could go back into theMedicare law and change it sothat these folks aren’t going toget hurt this way?

Quinn I think there needs to be homecare. The Medicaid programs arenot strong enough on homecoverage, and should beimproved. It would be nice tohave this as a larger part ofMedicare, but not if you’reunwilling to pay for it–inpremiums or taxes. These thingsare very clear to me. You can’thave it if you won’t pay for it.We’ve got to decide.

RCM Where would you put that interms of Medicare; maybeincrease the Part B premium?

Quinn Yes, probably. We’d probablyneed higher taxes and higherpremiums. One of the problemswith home care, of course, is theneed for clear definitions.What, exactly, is essential? Whatconditions are reasonable tohandle at home? You can’t justsay, “I’m an old lady. Come andhelp me.” You need tougheligibility standards. Somepeople haven’t liked that.



Mark Your Calendars!

The 2000 NAELA Unprogramwill be held

February 11-13, 2000in

Dallas, TX at theEmbassy Suites, Outdoor World

DFW AirportGrapevine, TX

For more information, contact Jenifer Mowery,(520) 881-4005, ext. 114 or

e-mail [email protected].

8


RCM In terms of managed care andHMOs, last year in Congressboth parties had a proposal onpatients’ rights. One of thedifferences that was often madebetween the Republicanproposal and the Democratproposal was that the Democrats’proposal gave the patients the rightto sue. The managed care HMOissue is back before Congress thisyear and they’re hoping this year todo something regarding patientrights. Would you like to seeCongress give patients the right tosue the managed care plans or theHMOs?

Quinn I think that the right to sue is notthe ideal solution. However, whatwe have now is worse. Today,managed care can deny you, inmost states, with no accountabil-ity. If they’re wrong, it’s yourproblem, not theirs. So there’s anincentive for plans to say nomore than they otherwise would.There’s no question about it.That’s how incentives work.Lawsuits are not the best solutionbecause they’re a lottery. Somepeople win big tickets, some

people win nothing, some don’tsue at all. Lawsuits also putinsurers and doctors into adefensive posture. They hiderecords. Nobody can find outwhat really happened, becausethey’re all looking for thescapegoat. My preference issomething no one is suggest-ing: that’s some form of no-fault. If you are injured in ahospital, you’d get paid byyour own insurer. There’s adesigned program, definingwhat’s covered—rather likeworker’s comp. No-fault wouldalso encourage hospitals to bemore forthcoming, whensomething goes wrong. It’susually not one bad doctor ornurse. It’s a whole system. Alot of little things go wrong,with catastrophic results. Ifyou had no-fault, there wouldbe more incentive to look athow these systems work, tocorrect these little failures. Butno-fault won’t happen. Youcan’t even get it through forauto insurance, in most states.

That leaves third-party review,using systems not connectedwith or indirectly controlled by,managed care plans. You needa lottery or revolving system forchoosing arbitrators. Review hasto be very timely. It has to happenin 24 hours, when there’s a life-threatening case. But I don’t thinkyou’re going to get a timely reviewsystem, either. So then we comeback to lawsuits, as the only optioneven halfway on the table.

RCM Do you think it’s likely we’re goingto get anything this year from thisCongress?

Quinn The normal rule is that nothingpasses in an election year. How-ever, there was one election year,maybe it was ’94, when all of asudden, lots of things passed,because the public wanted them.That could happen again. But it’smost unlikely that something as

big as Social Security reformcould pass.

RCM So you don’t think we’ll getSocial Security or Medicarereform this year?

Quinn Well, we’ve had a lot of Medicarereform already, you know. We’rein the process of cutting thegrowing payments to providers.The Balanced Budget Act ’97 cutMedicare by $112 billionbetween 1997 and 2002. We’vegot this experiment with Medi-care called the Part C program.It started in a few states and willexpand to the rest of them thisyear. I don’t think much more isgoing to happen now.

RCM: What about the MedicareCommission?

Quinn They’ve proposed a radicalreform that privatizes Medicare.It’s similar to something they didfor state retirees in Kentucky.Retirees were given a lot ofoptions, for private plans. Theykept their equivalent of Medi-care—their fee-for-service plan.What happened is just what you’dexpect. The people in good healthwent off into the private plans,the sick people stayed with theindemnity plan, and the indem-nity plan went broke. The samething would happen withMedicare. People would turn to theprivate sector when they werehealthy. When they got sick orstarted quarreling with their HMO,they would go back to the plan.You would have an even morescrewed up system. There’s astrong push to privatize every-thing, but I think it would be abad choice for Medicare. Itwould also run up the cost. Theoverhead for Medicare is muchlower than the overhead forprivate systems. Also, thegovernment has done a better jobof controlling costs than theprivate health system has.Everyone seems to think that thegovernment doesn’t know how to



Mark YourCalendar!

NAELA’s Washington State

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NAELA President A. Frank

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For more information,

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9


do anything. But it offersuniversal health care, to people65 and up. The private systemcan’t manage that, for peopleunder 65. There’s also lessbureaucracy in Medicare. One ofthe things that beat the Clintonhealth care plan was that chartshowed the incredible bureau-cracy the plan would create. Iwas tempted to try to draw achart showing the bureaucracy ofall the current overlapping healthcare systems, with every insurerhaving different rules and forms.But I couldn’t find a piece ofpaper big enough to hold it!Author’s note: The MedicareCommission was unable toreach a consensus on alterna-tives, and is no longer meeting.

RCM One last question on health care.Until I had read your articles, Iwasn’t aware about the indepen-dent advocate for medical care.Do you think there’s a need forsomething like that?

Quinn We’re all looking for something thatwould make it possible for peopleto make a timely appeal, deal withdenials, have their case looked atby a disinterested party. Somepeople say, “Gee, I want to havethis treatment, because I think it’sgoing to be good for me,” butmaybe it isn’t good at all. Youneed somebody to say that, whomyou trust. A good example is thequestion of bone-marrow trans-plants for women with late-stagebreast cancer. The medicalevidence for transplants is dubious.But it became a huge political issue,because women were saying“They’re letting me die. They’renot giving me this bone marrowtransplant. It’s the last chance tosave my life.” Now, there’sevidence that bone marrowtransplants work in other types ofcancers, but not necessarily in late-

stage breast cancer. Nevertheless,most HMOs cover it now. Thepolitics required it. Some statespassed laws saying that it has to becovered. Maybe that’s right, butwe don’t really know. On issueslike this, people need to believethat whoever’s making the decisiondoesn’t have a conflict of interest,and is going on medical informa-tion, not the need to keep a biggerbonus pool.

RCM I want to talk to you about thefuture and get your ideas on someof these issues. We’ve been talkingin our organization for several yearsabout the future and the changesnot only as the boomers age, butthe changes that are occurring inthe way law is practiced as well.What you think are going to be thebig issues of facing the elderly inten years or twenty years?

Quinn That’s a hard one. I’m not goodwith crystal balls. Obviously,health care will be a huge issue.Second, a lot of retirees will leavetheir companies with very big401(K)s, and there’s going to be awhole industry of brokers,planners, agents, and con menwho will try to take that money

away. There will probably begrowth in financial fraud.

RCM Financial fraud has been a bigproblem and I think you’reprobably right: as more peoplehave more money, it’s only goingto grow.

Quinn It’s going to grow tremendously.The bigger question is–when youleave the company with your401(K) check–who do you get tomanage it? That’s the piece thatI’m looking at.

RCM In terms of the issues and theproblems that are faced both todayand tomorrow by seniors, what rolewould the media play helping thepublic as we look for solutions tosome of these problems?

Quinn No more than the role it alwaysplays, which is reportinginformation, providing analysis,bringing ideas to the marketplacewhere everybody can discussthem. That’s our role.

RCM In 20 years, when some of theboomers are going to beretired, who’s going to be inthe nursing home?



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Quinn Why do you think it would beany different than it is today?Except maybe they’ll be a littleolder than they are today.

RCM Are they going to be older andfrailer?

Quinn I don’t see why they should befrailer. Unless we start denyingpeople health care, we’ll behealthier longer.

RCM Okay. About the boomers and ouruse of credit cards, do you think itwill change when we are elderly?

Quinn Tell me why you ask thatquestion. That questionsurprises me.

RCM I think a lot of people use creditcards to purchase things thesedays and while you’re working,it’s one thing when you have anincome. But once you retireand your income is based uponSocial Security, your pension,or whatever, do you thinkpeople will still use credit cardsas freely as they might whilethey are working?


Quinn Well, they won’t use them asfreely because their incomes willbe lower. As people get older,they reduce their debt. There isevidence now that more people arepaying off credit cards in full, andcredit card debt relative to incomeis going down. Total credit carddebt is going up but, relative toincome, it is going down. Aspeople get older, they pay moreattention to their debts and theboomers will be no different. Butthey will continue to use cards forconvenience. There’s a strong casefor having cards when you’re older.Buying by catalog or on-line is agreat help to seniors who can’teasily get out.

RCM Has there been any research inwhether spending habits changeas you get older?

Quinn Well, yes. There’s a lot–thegovernment collects data.Spending habits definitelychange. Peak spending yearsare roughly 45 to 55 and thenspending starts to drop. There’sa point at which you have yourstuff. You don’t need new stuff.That’s when you start buyingfinancial security, instead. Youstart saving more, investingmore. I can’t give my mother

anything for Christmas. Shedoesn’t want anything. She says“Why do I need anything more?”You reach the stage when youdon’t need anything. A new pairof stockings, that’s all.

RCM What is the most important roleyou see that elder law attorneysplay for their clients?

Quinn I’m not sure I can answer that,because I don’t practice elderlaw. Obviously, you tell yourclients what the law is. I guessI’d suggest that you remind clientsof their social responsibility. Tounderstand what they should payfor, versus what the taxpayershould pay.

Jane Bryant Quinn is an award-winningcolumnist for Newsweek, writing on issuesaffecting personal finances. Her columnsalso appear in the New York Daily Newsand Good Housekeeping Magazine. She isthe author of Making the Most of YourMoney, a comprehenisve guide to personalfinance, published by Simon and Schusterand updated in 1997, and is the author ofthe 1978 best-seller, “Everyone’s MoneyBook.” An Emmy Award winner, Ms. Quinnpreviously worked for CBS News andrecently co-hosted an investment series,“Beyond Wall Street,” running on thePublic Broadcasting System.

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Internet CornerUsing the Internet Can Make

You a Better Elder Law Attorneyby David Goldfarb, Esq.

The Internet has become an indis-pensable tool for elder law attorneys. Itprovides immediate access to up-to-dateinformation—although verifying the ac-curacy of the informationis up to you. It alsoprovides a meansof communica-tion with otherattorneys andclients.

What YouNeed

You of courseneed a computer,Internet access, an e-mailprogram, and a Web browser. To-day, it is almost impossible tobuy a computer that does nothave everything you need toget started using the Internet.Since surveys show thatmost people who buy a com-puter for the first time identifyaccessing the Internet as a ma-jor reason for their purchase, mostcomputers make it easy to get online.So if you have yet to take the plunge inaccessing the Internet, there’s no longeran excuse not to get online! In this ar-ticle, we’re going to show you what theInternet has to offer the elder law attor-ney, and how the Internet can make youa better elder law attorney.

What You GetThe World Wide Web

The “content” accessible over theWorld Wide Web includes governmentinformation, law school libraries, casedatabases, and commercial informationsites. Normally you would have to re-sort to search engines on the Internet tolocate the material you want to find. Butmany legal sites now provide lists of“links.”

For example, Cornell Law School’sLegal Information Institute (LII) has a

comprehensive list of many Web re-sources. The LII collection of state legalmaterials compiles, state by state,Internet-accessible sources of the con-stitutions, statutes, judicial opinions, and

regulations for the 50 states plusD.C. and the U.S. territories and

affiliated jurisdictions. It is ath t t p : / / w w w . l a w .

cornell.edu/states/. LIIalso provides the United

States Code, Code ofFederal Regula-tions, and a methodto search all federalCircuit Courts of

Appeal. See http://www.law.cornell.edu/.

American Law Source hostsALSO! at http://www.l awsource.com/

also/ that provides a comprehen-sive listing of links to

state laws, judi-cial opinions,forms, sourcesof commentary

and practice aids.Here are just

some of the sites on theWeb that are useful to elder

law attorneys.

Information Provided by theFederal Government:● Health Care Financing Adminis-

tration Information on Medicaidand Medicare at http://www.hcfa.gov/

● HCFA’s State Medicaid Manualfor Download in WordPerfectformat at http://www.hcfa.gov/pubforms/stmcaid/mcaidtoc.htm

● Social Security Administration’sHandbook at http://www.ssa.gov/OP_Home/handbook/ssa-hbk.htm

● The IRS home page withdownloadable tax forms andpublications at http://www.irs.ustreas.gov/plain/

State Specific Material:● Cornell LII State Specific Material

at http://www.law.cornell.edu/states/

● American Law Source ALSO! athttp://www.lawsource.com/also/

● State Search Service of the NationalAssociation of State InformationResource Executives (NASIRE) athttp://www.nasire.org/ss/

● The State Court Locator of TheVillanova The Center for Informa-tion Law and Policy at http://www.cilp.org/State-Ct/

● State Web Locator of The VillanovaCenter for Information Law andPolicy at http://www.cilp.org/State-Agency/index.html

● Municipal Codes Online fromSeattle Public Library at http://www.spl.org/govpubs/municode.html

● State Tax Forms from the Federationof Tax Administrators (FTA) at http://www.taxadmin.org/fta/FORMS.html

Court Decisions:● A finder for federal court decisions

is at http://www.law.emory.edu/FEDCTS/

● The State Court Locator of TheVillanova The Center for Informa-tion Law and Policy at http://www.cilp.org/State-Ct/Law schools

● ABA List of Law Schools at http://www.abanet.org/legaled/ALPHA.HTML

● USC Law School Locator at http://www.usc.edu/dept/law-lib/librarys/locators.html

● The University of Kansas School ofLaw provides the Kansas ElderlawNetwork (KELN) at http://www.ink.org/public/keln/

Organizations That ProvideElder Law RelatedInformation:● National Academy of Elder Law

Attorneys at http://www.naela.org/● National Health Law Program at

http://www.healthlaw.org/● National Association of Social

Security Claims Representatives athttp://www.nosscr.org/


13


Internet Corner(continued from page 12)

● Bet Tzedek Legal Services(California) On-Line Guide toSocial Security Programs,Medicaid and Nursing Home Lawat http://comquest1.comquest.com/bet-tzedek/

● Nursing Home Abuse andNeglect Information Center athttp://www.nursinghomeabuse.com/

● Families USA’s Medicaid ClearingHouse at http://www.familiesusa.org/medicaid/

E-MailYou can use e-mail to stay in touch

with other elder law attorneys and tocommunicate with clients. E-mail is anexcellent tool for setting up appoint-ments and communicating questions. E-mail is not secure and there may be ques-tions about whether the attorney-clientprivilege attaches to communicationsposted on the Internet. Therefore, youshould consider carefully before givinglegal advice or putting confidential com-munications in e-mail. There are encryp-tion programs to insure a degree of pri-vacy to e-mail, but it is prudent to becautious at this stage of Internet devel-opment and not use e-mail for confiden-tial communications.

If you don’t know someone’s e-mailaddress you might be able to find itthough one of these search engines onthe Web:

● WhoWhere? From Lycos at http://www.whowhere.lycos.com/

● Yahoo People Search at http://people.yahoo.com/

● Internet Address Finder at http://www.iaf.net

ListservsListservs are e-mail communities.

By subscribing to a listserv, you cansend a communication to all membersby just sending one message. You sub-scribe by sending a special message toan e-mail address. Some listservs areopen to anyone; others have restric-tions—for example, NAELA’s listservis open only to members. Once you

are subscribed you will receive in your e-mail program all the messages that are sentto the listserv. You will also be given ane-mail address that you can use to postmessages to the listserv. There are a fewlistservs where the owner posts messagesand announcements, but you as a sub-scriber cannot post messages. These areusually used for product information andannouncements. Others have strict rulesof etiquette about what can be discussedand when. You will be sent any specialrules when you first subscribe. Followthe discussion on the listserv for a fewdays before you send a message; other-wise you can get “flamed” for not follow-ing the listserv’s rules of etiquette.

Information on Legal Listservs:● Lyonette Louis-Jaques Law Lists at

http://www-user.lib.uchicago.edu/cgi-bin/law-lists

● Findlaw’s LegalMinds at http://legalminds.findlaw.com/

Listservs of Interest to ElderLaw Attorneys:

[I have included either websiteswhere more information aboutsubscribing can be found orinstructions on how to subscribe.When following the instructionsbelow for subscribing, do notinclude the quotes (“ “) in yourmessage.]

● National Academy of Elder LawAttorneys: see http://www.naela.org/

● American Bar Association Probate& Trust Law listserv: send thismessage: “subscribe aba-ptl <yourname>” [email protected]

● Other ABA Real Property, Probate& Trust Law Section listservs: seehttp://www.abanet.org/rppt/listservs.html

● American Bar Association TaxSection: send this message:“subscribe aba-tax” [email protected]

● Americans with Disabilities Act anddisability related law listserv: sendthis message: “subscribe ADA-Law<your name>” [email protected]

● Elder Law List: send this mes-sage: subscribe elderlaw-l <yourname>” [email protected]

● Estate Planning: send this mes-sage: “subscribe estplan-l” [email protected]

● Health Law: send this message:“subscribe HealthLaw-L <yourname>” [email protected]

Most of these lists have hundredsof participants and each of these lists canadd 20 or more messages to your daily e-mail! For example, the NAELA listservfor Friday, May 7, 1999, had 75 messages.Almost all lists provide as an alternativea “digest” format. This format providesone daily message containing all of thatday’s traffic. When you subscribe, the“welcome message” you receive will usu-ally advise you about switching to thedigest format.

NewsgroupsNewsgroups are discussion groups

that use a newsgroup reader usually pro-vided with your e-mail reader or browser.Once you join a newsgroup you can lookat a list of topics and messages that havebeen posted and reply by posting yourown message to the discussion. Thereare not as many newsgroups dealing withelder law related topics as there arelistservs.

Sites for Finding Newsgroups:● DejaNews at http://

www.dejanews.com

● Reference.Com at http://www.Reference.Com

● List of Newsgroups at http://www.liszt.com

● Tile.Net at http://www.tile.net/news

The Internet is a “dynamic” re-source. Two warnings: (1) There is noguarantee of the accuracy of informationon listservs, newsgroups and on theWeb. (2) The content of the World WideWeb is continually changing and beingupdated. Visit your favorite sites fre-quently, but make sure the information isup to date!

David Goldfarb is a partner in the law firmof Goldfarb & Abrandt in New York, NY.

14


of year in which she has presided. StuartZimring, NAELA’s 1999 SymposiumChair, had also given inspiring remarksabout two cultural icons to whom helooked for inspiration. But as I startedinto my remarks, Stu, while trying to behelpful, attempted to pour me a glass ofwater, spilling it around the podium andsplashing it on me. I commented that Stuhad a rather creative way of getting thehook. President Morgan then quipped


President’s Message(continued from page 3)

to it. I opened my eyes enough to rejointhe surreal dance of images and nightterror, brought on by the tormenting gutcheck. My night dance choreographyescalated to constant twisting, tossingand turning. Anne, disturbed from herrestful sleep, asked what was the mat-ter. In response to my down played, un-derstated “can’t sleep,” Anne compas-sionately offered advice, hoping that itwould at least return her, if not me, tosleeping bliss.

My worry is more intense this nightthan in December when I last struggledthrough this surreal dance. Actually, Ihad something to show for that night.In the middle of that sleepless night, Ioutlined the goals and objectives forNAELA during my term as president. Iprepared the outline as a draft memo toBecky Morgan, Judy Stein and LauryAdsit. Now, in its final form, I share itwith all NAELA members.

For months, I contemplated goalsand objectives. My contemplation cen-tered on three areas: (1) Administrative- NAELA’s organization and leadership;(2) Practice Development - NAELA’s di-rection, training and education of mem-bers and elder law attorneys in ethicsthat impact elder law; and (3) Substan-tive Law - NAELA’s focus on the sub-stantive areas of capacity and guardian-ship.

Administrative -NAELA’s Organizationand Leadership

The first area is the business andorganizational function of NAELA, iden-tifying as a goal improved transition andtransfer of leadership from one year tothe next. With assistance and supportfrom the NAELA Executive committee,board, and management team, the ob-jective of this area is the planning ofcontinuous NAELA leadership educa-tion and training.

To accomplish this goal, PresidentMorgan appointed the NAELA Leader-ship Task Force, chaired by out-goingimmediate past president William H.Overman. The task force is undertaking

Calendar of EventsCalendar of Events

October 9-13, 1999The National Guardianship Association’sAnnual Conference, “NGA Leading theWay: Ethics in Guardianship, 2000 andBeyond,” Chicago, IL at the HolidayInn City Center. Contact JeniferMowery at (520) 881-6561, ext. 114 orby e-mail at [email protected].

October 21-24, 1999National Association of ProfessionalGeriatric Care Managers’ AnnualConference, “Re-Weaving the Fabric ofCare: New Teams, Options andPartners,” U.S. Grant Hotel, SanDiego, CA. Contact Jenifer Mowery(520) 881-8008, ext. 114 or [email protected].

NovemberNational Family Caregivers Month. Formore information, contact NFCA (800)896-3650 or visit www.nfcacares.org.

November 11-14, 1999The National Academy of Elder LawAttorneys’ 1999 Advanced ElderLaw Institute, “The Next Millenniumof Service: Sharpening the CuttingEdge,” Hyatt Regency O’Hare,Chicago, IL. Contact JeniferMowery (520) 881-4005, ext. 114,or e-mail [email protected].

that I had only two minutes, whereuponI turned to the group and declared, “Ifyour honor please, in summation…” Ifollowed with the following:

Been Thinking About It!Beyond insomnia, deep in a cre-

vasse of the night, I’m hardly awake,barely asleep. The soft, warm hues ofour children’s last nightlight stretch fromthe hallway in cubist form, dancing sur-real with my night terrors across the bed-room ceiling. Shouldn’t be, but here atthe beginning of February, 1999, I can’tstop thinking about it. Been thinkingabout it for months. It has crept into mymental space since September. Now thatit’s February, I’m bordering on terrified,afraid that I’m already late for it. So latethat there is no time to say hello,goodbye. I’m late! I’m late! I’m late!

I know just what it is, when itstarted, and who started it. It is that feel-ing as the leader of NAELA that it allgoes so fast that there is no time to start,that there is no time to finish. It startedin September. I was warned that it wasnot too early to begin preparing NAELAgoals and objectives for 1999-2000, andto identify those who should be invitedto accept committee, task force and SIGchair appointments.

President Rebecca Morgan startedit. With her strengths in organization,planning and foresight, Becky was ex-periencing what so many past presi-dents have shared with me is a realstruggle with the NAELA presidentialterm. Becky, and Bill Overman beforeher, and Ira Weisner, Dan Fish, CliftonKruse, Cindy Barrett and VincentRusso (those past presidents whom I’vebeen able to call and talk with about theterm of president) all mentioned thatmuch of their presidential terms weregone before they started directing themovement and direction of NAELA. Theever exceptional teacher, Professor Mor-gan took the opportunity to offer in-struction to this willing student. Al-though the words “start now” settled inthe folder of my “things to do” memoryfile, they actually sprouted seeds of tor-ment in my gut.

Almost dosed off. But just thinkingthat I was about to sleep jolted me back

15


a careful examination of possible objec-tives that, if achieved, would be the ba-sis by which we will successfully attainthe goal. Our initial thoughts are morefully developed in a position paper thatincludes the identification of the taskforce members. The position paper isavailable upon request from NAELA.

Practice Development -NAELA’s Development, Trainingand Education of Members

The second area is the develop-ment, training and education of members,identifying as a goal renewed examina-tion of ethics within the elder law prac-tice. President Morgan appointedClifton Kruse to chair NAELA’s Profes-sionalism Task Force, which will help usdevelop NAELA’s position on criticalchanges in the ABA Model Rules of Pro-fessional Responsibility that will impactthe practice of elder law. One recom-mendation to the task force is a plan thatwould effectively present NAELA’s po-sition to the ABA, and in other forums.The task force is currently working on aproposal to develop a NAELA ethicsconference.

Substantive Law - NAELA’sFocus on Capacity andGuardianship

The third area represents academy-wide interest in NAELA, focusing on thesubstantive areas of capacity and guard-ianship. The focus involves the exami-nation of how these subjects are em-braced by practitioners from assess-ment, diversion and engagement to liti-gation, and expanding the context to theelder law attorney as guardian, trusteeor estate administrator. Accomplishingthe capacity and guardianship goal hasbeen initiated through the targeted ob-jective of re-convening NAELA’s Wing-span Guardianship Conference TaskForce. Another position paper, furtherexplaining the goals and objectives inthis area, is available from NAELA.

The challenge of the objectives as-sociated with each goal requires suchtiming, planning and budgeting that the


objectives will not be realized during myterm in office. Hopefully, this advancedplanning, started during PresidentMorgan’s year and continued throughmy term will be NAELA’s goals and ob-jectives that will be realized for manyyears to come.

We invite you to learn the history ofNAELA, to experience the camaraderieof NAELA’s members and to join in thechallenge that awaits NAELA, it’s mem-bers and elder law attorneys at this turnof the year, the decade, the century andthe millennium.

At the NAELA Business Luncheon,Becky Morgan gave the President’sAward to the National Senior CitizensLaw Center. Burton Fretz, NSCLC Ex-ecutive Director, accepted the award withpowerful remarks about the partnershipof NAELA members and NSCLC to ad-vocate and litigate the elder law issuesof the day, striving to serve older Ameri-cans in the judicial process. As Burtonclosed, Anne leaned over to me and com-mented that he nailed it.

Laury Adsit, NAELA’s ExecutiveDirector, then delivered the executivedirector’s remarks which were unique.Laury had on her mind and in her heartconcerns about community and the trag-edy that occurred in Littleton, and thathad just happened in Atlanta that day. Hercomments stirred us all. Anne leanedover to me and said again, “She nailed it.”Now I must admit I was already anxiousabout my remarks. This didn’t help. Withcontrolled terror, I gave these remarks:

The History, The Spirit, TheChallenge and The Charge

It’s either the end of a long night

Or the beginning of a longer day.

After a day of getting ready to leavethe office

Anne and I have finished a night ofgetting ready to leave home.

It’s approaching 2 a.m. as Annefinishes packing the last of five carryon bags to take on the flight withCatherine, Abe and Win.

Add that to the eight huge pieces ofluggage,

the box of sundry mechanical andentertainment gadgets for a 7-hourflight,

and three book bags, containinghomework due once they return toschool

and you have a logistical nightmare;

for any one that is but the logisticalgeneral – Anne

We’re heading to San Diego for theNAELA Symposium

Where we will be reminded of history,inspired by kindred spirits,

Where we will focus on the challenges,

embrace the commitment and carrythe charge.

The History

The Johns Family

The history of Anne, Catherine, Abe,Win and me

Has been chronicled through the yearsat NAELA events.

When honored at NAELA events, Ihave at times invited Anne, Catherine,Abe and Win to accept the honor withme.

In 1995, at the symposium in New York,

when inducted as a NAELA Fellow,

I asked Anne to stand, in recognitionwith me

As my wife, my children’s mother, mycompanion, my lover and best friend.

In 1996, at the symposium in Boston,

When honored as the second TheresaAward winner

I asked Anne and all my children tostand, accepting the award as theJohns family as I spoke about kindredspirits.

Last year, at the 10th anniversary ofNAELA in the Bahamas,

When elected president-elect ofNAELA,

Anne, Catherine, Abe and Win joinedme in celebration when I noted how

Each of us are kindred spirits in theNAELA family.


16


?


This year is no different for myfamily and me

Our lantern on the stern shines onour place in NAELA’s family history,

Shines in our space of kindred spirits,

Guiding us on uncharted paths offuture dreams and direction.

The NAELA Family

The history of NAELA is a showcaseof those who lead the country inelder law.

From starting the first certificationin elder law;

To legislative advocacy over OBRA’93 and BBA ’97;

To litigation and amicus advocacyfor the rights of older Americans,

NAELA has labored in all areas ofelder law, providing support for itsmembers in sustaining and servingtheir clients.

From ‘88 to ‘98, the history ofNAELA is an identity forged in theaging frontier,

Molding the very essence of elderlaw;

Defining the scope and the standardsby which elder law is practiced; and,

Creating a conduit through whichelder law attorneys have communi-cated.

Even more, the history of NAELA is acontinuing convocation of colleagues

Where members return year after yearto receive the invocation of kindredspirits.

The Spirit

The intuitive notion is that we arekindred spirits

Do you remember Vincent, Ira and me

The Italian, the Jew and the Arab -Kindred spirits

In this life joined by magical, mystical,heavenly spirits

Theresa and Justin

Spiritual intermediaries between ourfamilies and God

Angels who because of faith and belief

Brought the Theresa Foundation to life

Brought you here

And guide you

On uncharted paths of future dreamsand direction.

Its the same spirit that embraced theNAELA founders,

the same spirit that drove NAELApresidents through the first decade ofNAELA’s leadership.

The same spirit that continues to drivemany of them long after their terms,

Along with Vincent and Ira, considerCindy Barrett’s undaunted commit-ment to raise and enlighten elder lawattorneys to serve their clients on ahigher plane,

Consider Clifton Kruse’s pastoral,but powerful admonitions to elder lawattorneys to serve their clients withcompassion ,

Consider Scott Severns’ tirelesscharge to elder law attorneys toadvocate and litigate against thosewho are abusing, neglecting andinjuring their clients

and consider Allan Bogutz’s practi-cal wisdom to instill in elder law

attorneys a light hearted way toground their focus and energies ontheir clients

They are kindred spirits, guiding us

on uncharted paths of future dreamsand direction.

The Challenge and The Charge

As NAELA moves into the future

NAELA’s leadership has focused onthe challenges that face NAELA.

I have invited them to accept acommitment to responsibly performtheir duties, targeting the goals andobjectives presented to NAELA thismorning.

The charge for NAELA’s leadershipand me is to successfully shoulder theburdens of NAELA’s history andsuccesses.

We are not alone.

With us always are the kindred spiritsguiding us

on uncharted paths of future dreamsand direction.

Won’t the rest of you join us?

Elder LawPractice Opportunity

URBAN INCOME IN RURAL AREA

Experienced Elder Law Attorney is willing to sell well established and highly productive

practice in growing rural California retirement area to the right person(s). Practice

includes a highly trained and experienced staff, in place production and management

systems (including seven upgraded networked workstations), well established refer-

ral base and an expanding service area in which to grow. Sales price based on gross

income averaged over past three years and training required for buyer(s). Seller is

willing to remain in practice part time and to facilitate smooth and seamless transition.

Purchase requires adequate down and/or collateral. Serious buyers contact Robert

Fleming, 330 N. Granada Ave., Tucson, AZ 85701 [(520) 622-0400/fleming@elder-

law.com]. All inquiries will be handled confidentially.


17


Make Plans to Celebrate NationalFamily Caregivers Month

Share the Caring in National Family Caregivers MonthOver 25 million Americans provide unpaid, long-term care to loved ones. Caregiving is more than a one-person

job, yet one family member most often caries the responsibility alone says the National Family Caregivers Association.The NGCA is asking for our help to “Share the Caring” for National Family Caregivers Month in November.

We support the NFCA’s effort to “Share the Caring” and recognize November 1999 as National Family CaregiversMonth. The National Family Caregivers Association reports that family caregivers provide over 90 percent of all long-term health care in America and that:

● 26 percent of adults provide care to a family member.

● Another 23 percent expect to become a caregiver in the future.

● 75 percent of caregivers are women.

● A 1998 study estimated the value of unpaid health care provided by family caregivers at $196 billion a year.

Reach out – The NFCA asks us to reach out with activities that increase awareness of the roles and needs offamily caregivers in our community.

Recognize and Celebrate – The NFCA asks our help to recognize the contributions of family caregivers in ourcommunity and celebrate with events, communications and activities, during National Family Caregivers Month.

Share the caring – The theme “Share the Caring” asks everyone to join together to find ways to help out familycaregivers with support and services.

NFCA offers suggestions for programs, a community media action kit, educational materials, buttons, posters, tipsheets and background information for National Family Caregivers Month as well as education and support for familycaregivers. NFCA has also developed model services recognizing caregivers for congregations of all faiths.

Yes! I would like to order NAELA News and NAELA Quarterly binders.

Name ____________________________________________________________________________________________

Firm _____________________________________________________________________________________________

Address __________________________________________________________________________________________

City __________________________________ State _______________________ Zip ___________________________

Phone __________________________________________ Fax ____________________________________________

Please send me __________ sets of NAELA News/NAELA Quarterly binders @ $45 each.

Total $ ___________

❏ Check enclosed ❏ Bill my VISA/MASTERCARD # ___________________________________________________

Expiration Date __________________________ Signature _________________________________________________

These new binders–blue for

the NAELA News and maroon

for the NAELA Quarterly –

feature elegant, pre-printed

covers and spines, providing

you with a convenient way to

display your past and future

issues of NAELA

publications.Order your

binders today and you won’t

have to wonder where you

placed your last issue of the

NAELA News or NAELA

Quarterly anymore!

( ) ( )

NAELA Binders!The perfect way to store your issues of the NAELA News

and NAELA Quarterly for easy reference.

Return this form to: NAELA, 1604 N. Country Club Road, Tucson, AZ 85716-3102 orFax: (520) 325-7925

18


When the Con ArtistComes: An Attorney’s

Guide to Assisting ElderlyVictims of Interstate Fraud

by Seth Hopkins

IntroductionEach year, over 14,000 illegal

telemarketing schemes rob thousands ofAmericans out of $40 billion. Sadly, morethan half of those victims are elderly–theover 50 group who have often struggledto accumulate resources necessary to getthem through their retirement years. Thefraudulent operators recognize that thecombination of years of saving and feel-ings of vulnerability and isolation createseasy marks. They may also realize thatmany elders are reluctant to contact any-one about what they perceive as an em-barrassing or misunderstood situation.This allows the fraud to become morebrazen, since the chances of being re-ported and caughtmay be relativelylow.

The situationis not likely to im-prove. A quickglance at demo-graphics explainswhy this type ofcrime is lucrativeand how muchmore appealing it islikely to become.By 2020, agingbaby-boomers willaccount for a 71percent increase inthe elderly popula-tion. By then, onein six Americanswill be over age 65.As the number ofolder Americansincreases, this problem will grow.

In March, 1999, at a Senate hearingon “Sweepstakes Fraud,” several wit-nesses told heart-wrenching stories ofhow their parents and other elderlyAmericans were spending thousands of

dollars per month trying to win sweep-stakes contests which required “entryfees” and offered ridiculous, if not im-possible odds. One witness complainedthat the elderly were convinced of thelegitimacy of the sweepstakes by thegimmicky brochures and the form letterswith authentic looking personalized“post-it” notes attached. The witnessestheorized that the technique was effec-tive because these victims had grownup before computers allowed mass pro-duction of “personalized” letters prom-ising money or prizes. Unfamiliar withthe sophistication of modern advertis-ing, the victims felt that they were singledout to win and gladly dipped into their

savings for whatthey believed wasan inevitable prize.The witnessesspeculated thatanother reason forthe vulnerability,was that many ofthese Americansgrew accustomedto doing businessin a world when itwas not importantto read the fineprint. Many eld-erly Americans as-sume that aperson’s word ishis/her bond.Congress hastaken the firststeps towardcracking down on

these types of activities.One of the legal community’s first

problems in addressing this type of crimeis to make victims feel comfortable com-ing forward with their stories. As withany social challenge, public awareness

is one of the most important tools avail-able. Local media can expose fraud ringsand common scams. Once a personcomes forward, there are two legal rem-edies available: a criminal prosecutionand a civil lawsuit. This article will focuson the tools available to prosecutors.

The Prosecution:Statutes AvailableUnder Federal Law

Because many organizations arefairly large and cross state borders, fed-eral law is a particularly appealing forumin which to prosecute. Since the com-plexity of elder fraud is likely to increaseover the years, the vast resources andexpertise of the FBI is well suited tohandle this type of case.

The nature of federal law also makesit an appropriate tool. Several white col-lar statutes overlap, providing multiplelaws to cover similar offenses. If there isnot enough evidence to find a defendantguilty of one crime, he or she may not beable to escape another. Furthermore, theSentencing Guidelines, which mandate apunishment range for each type of crime,provide tougher penalties for those whovictimize a vulnerable person or engagein telemarketing fraud.

The new Telemarketing Fraud lawstrengthens other laws by enhancingsome penalties. It defines “telemarketing”as requiring at least one interstate tele-phone call designed to promote a plan,program, promotion, or campaign to in-duce the purchase of goods or servicesor participation in a contest or sweep-stakes. This statute does not apply topeople or companies who solicit sales bymailing a catalog that:

1. Contains a written description orillustration of the goods orservices offered for sale.

2. Includes the business address ofthe seller;

3. Includes multiple pages of writtenmaterial or illustration; and

4. Has been issued at least once ayear.

Congress provided severe penaltiesfor those who commit telemarketing


“Unfamiliar with the

sophistication of

modern advertising,

the victims felt that

they were singled out

to win and gladly

dipped into their

savings for what they

believed was an

inevitable prize.”

19


fraud, especially when older Americansare victimized. 18 U.S.C. 2326 lists sev-eral crimes provides that a violation ofshall result in imprisonment of up to fiveadditional years if the offense was inconnection with telemarketing activities,and provides that the offender shall re-ceive up to an additional ten years if heor she victimized 10 or more personsover the age of 55 or targeted specifi-cally persons over the age of 55.

Mail fraud is one of the most sig-nificant underlying crimes listed in 18U.S.C. 2326. Mail and wire fraud pun-ish those who use the mails or wires tofurther any scheme to defraud. The mailfraud statute fails to define fraud, open-ing the floodgates to prosecution of any-thing that violates society’s concept offair play in business dealings. A recentamendment defines a “scheme or arti-fice to defraud” as a scheme to “depriveanother of the intangible right of honestservice.” This may suggest that the dep-rivation of property is no longer requiredunder the statute. Of course, a defen-dant may claim that he or she was merely“puffing,” a common advertising prac-tice of promoting a product or service.

Even if your client loses money towhat is generally believed to be a legiti-mate enterprise, such as a sweepstakes,it never hurts to ask the prosecutor toevaluate the sweepstakes advertisementagainst the standards for mail and wirefraud.

Rights of VictimsSeveral federal statutes provide for

victims rights. For example, 42 U.S.C.§ 10607 specifically requires federalprosecutors to notify victims at differ-ent stages of an investigation and pros-ecution. Each U.S. Attorney’s Officehas a victims’ rights coordinator to as-sure compliance with the statutes andto help victims and their families un-derstand the criminal judicial process.It is important that your client be awareof this service and inform the properofficial that he or she would like to take

advantage of this resource.By law, a victim must be notified at

the earliest possible time of

1. the status of the investigation ofthe crime, to the extent it isappropriate to inform the victimand to the extent that it will notinterfere with the investigation;

2. the arrest of a suspected offender;

3. the filing of charges against asuspected offender;

4. the scheduling of each courtproceeding that the witness iseither required to attend or, undersection 10606(b)(4) of this title, isentitled to attend;

5. the release or detention status ofan offender or suspected offender;

6. the acceptance of a plea of guiltyor nolo contendere or the render-ing of a verdict after trial; and

7. the sentence imposed on anoffender, including the date onwhich the offender will be eligiblefor parole.

During court proceedings, the U.S.Attorney’s Office must provide a victimwith a waiting area removed from and outof sight and hearing of the defendant anddefense witnesses. After trial, the of-fice must provide the earliest possiblenotice of any scheduled parole hearingthe escape, work release, furlough, orother form of release from custody, andthe offender’s death, if he or she dies incustody.

RestitutionFederal law provides an opportunity

for victims to obtain restitution in con-junction with a criminal prosecution, thegovernment world exerts. As resourcesto collect the money and the victim usu-ally would be entitled to at least theamount that he/she lost.

The United States Code’s Restitu-tion Statute (18 U.S.C.§ 3663) providesthat victims of enumerated crimes (ortheir estates) may, by court order, re-ceive restitution from the defendant.The order is given during the sentenc-ing phase, and is determined based on anumber of factors, including: the losssustained by each victim as a result of

the offense, the financial resources, fi-nancial needs and earning ability of thedefendant and the defendant’s depen-dents and such other factors as the courtdeems appropriate. The statute suggeststhat the court may order a defendant toreturn any lost property or pay the valueof the property on the date of loss orsentencing. The statute also allows res-titution by a plea agreement, which isanother important opportunity for avictim’s attorney to become involved inthe process.

A special statute applicable totelemarketing fraud makes restitution forcertain crimes mandatory. The amountof restitution shall be the “full amount ofthe victim’s losses” which includes alllosses proximately caused by the crime.The court is not required to consider thedefendant’s economic circumstances orany other compensation that the victimwill receive.

Special ConsiderationsHelping older clients who have been

victimized by fraud can be difficult. Lossof pride, chronic illness, mistrust of thelegal system, and a feeling of fault mayarise due to the fraud. Furthermore, ifthe case is prosecuted, the civil attorneyis often unfamiliar with the federal crimi-nal process. As this type of fraud con-tinues to grow, it is important to keep inmind that several federal statutes aredesigned to help. As an attorney is civilpractice, you can urge the district attor-ney or U.S. Attorney to press for themaximum restitution available. More im-portantly, you can explain to your clientwhat his or her rights may be and thepotential consequences of the prosecu-tion. By knowing what resources areavailable, you can better advise olderclients who come to you seeking justice.

Seth Hopkins is a judicial law clerk in LakeCharles, LA,. and a recent graduate of theLouisiana State University Law Center. Hehas worked in the United States Attorney’sOffice, Louisiana Attorney General’s Office,United States Congress, and the WhiteHouse. Additionally, he is a private pilotand former college newspaper editor whoenjoys travel, writing, and working to forma business to help trial attorneys preparetheir opening statements.

When the Con Artist Comes:An Attorney’s Guide toAssisting Elderly Victims ofInterstate Fraud(continued from page 18)

20



P E R I P A T E T I C E S S A Y I S T

“Living Art”by Clifton B. Kruse, Jr., Esq.

© Clifton B. Kruse, Jr.

Clifton B. Kruse, Jr.

A smalladobe home,dirty white withblue accents sur-rounding twosmall windows,old and endur-ing stood pictur-esque at the topof a steep incline,100 yards northof the one-lanedirt road where I’d parked my car. It wasprecisely 3:00 o’clock and my client, atiny 92-year-old widow, was standing inits doorway, leaning on a walker, the kindthat has wheels on its front pedestals. Acell phone was laying in a basket-car-rier strapped onto the front brace. Shewas waiting for me, and had her phonewith her in the event I called to cancel.

“You could have driven up,” she saidas I approached, but that was not theinstruction she had given to me by phoneearlier that day. “Park on the dirt road,”she’d said, “and walk up the hill to theadobe. Don’t go to the big house to thewest,” she’d instructed. The great housewas used only for storage these days. Itheld her large art collection–one numer-ous charities in the city knew about andcoveted.

Her two homes were hidden on 37acres of hilly, rocky soil north of thestate university, a homestead she’dpurchased after leaving Indiana soonafter her graduation from collegethere. She’d built the adobe in whichshe now lived. But that was long ago,near three quarters of a century, andnow the tiny hovel, suffering fromboth age and inattention lookedhumble, and appeared unsafe.

“Take the interstate until youreach High Bluffs Parkway, turn right,east, until you see Vulture HavenRoad; it’s gravel. Go three-quarters ofa mile north until you come to the

three branches in the road. Take theleft branch. It’s a dirt road; go a fewhundred yards until you see my place.”At that point she’d told me to park onthe single lane in front of her home–the adobe - and walk up the hill. Iobeyed. She’d given clear instructionsconfidently, and had obviously de-scribed this same route to others. Shehas it down pat. The “branches” shedescribed, however, were not like athree-hole candelabra. The first branch,wandering northward was a full blockfrom the second, a roadway to the rightwhich headed back in the direction ofthe city. I didn’t continue forward tofind the third, but rather headed back tothe first turn, branch one, I assumed.Why hadn’t she said, “Take the firstleft?” It had been more than awhilesince she’d been on the road, I imag-ined, and she’d compressed thedistance among these options in hermemory. It’s time again for her torevisit the long dirt road entrance toher home and recompose theinstructions. But I’d left theoffice early knowing ofmy own navigationaldeficiencies, so Iwasn’t late.

Inside theadobe was onelarge room. Itheld a stainedhardwood table, herdesk, where she read andtook her meals. Condiments and a rathernew deck of playing cards and piles ofmail, her filing arrangement for lettersshe couldn’t discard, took up most of thetable’s surface, but she’d cleared a spacefor me, room enough for my yellow le-gal pad.

My client’s bed was three feet to theright of the table-desk and was beingused today, at least, as an extension ofthe hardwood. Small piles of papers that

I might ask to see were laid neatly onthe blanket that served also as thespread.

The home’s single room containeda small refrigerator and an apartment-size stove. Two baskets of canned goodswere on the floor; stove, refrigeratorand the larder were all in a windowlessnook that jutted out from what was oth-erwise a small, rectangular house, be-hind and to the right of the desk, herkitchen space. A closed door near thebed I surmised was the home’s bath. Anoverstuffed chair was to the right of thedoor. But that’s all there was. Fromwhere I was seated I could see every-thing in the home, and it looked to melike a child’s perfect playhouse. Therewere a few pictures nailed onto thewalls, but nothing I would call art, andcertainly nothing that mirrored the pho-tographs of the art collection that deco-rated the main house. The photos hadbeen recently taken by the appraiser.His report, a thick volume, perhaps twoinches in an 8˚ x 11 notebook, was onthe bed. We looked at the photographsand I enjoyed her collection vicariously,as did she. It is now impossible for herto make her way down the hill to thedirt drive, and up another stony gradeto the home where she and her husbandhad lived–the hideaway for her precious

collection. The photo-graphs and her memorieswere enough now. I saved

for another visit thestory she must have

about the art. Shemade no offer todiscuss it. Her

existing willprovided for its

next home–a pro-vision that was to be re-

affirmed in the draft of what may, intruth, really be her Last Will, the one Iam now to create. Lifetime gifts of thepaintings to her charities which wouldresult in income tax benefits to her nowwere not broached; her paintings,hoarded in the big house were her still-infant children. For undiscussed andnot disclosed reasons it was obvious tome that her great prizes, notwithstand-

21


“Living Art”(continued from page 20)

ing their vulnerability to loss if kept inthe now abandoned two-story–were notto be disturbed. “Insured?” I asked. Butshe didn’t answer, and changed the sub-ject; I resolved to put this in a letter toher, perhaps the one that will accom-pany the will draft. I suspect that it’sthe expense; she knows the cost of in-suring valuable art, but the option to giftthe paintings now is unpalatable, forc-ing as it would, a recognition of her ownmortality because the art is not to bedisturbed before she dies, and the dis-comfort that follows one’s own chil-dren leaving home that she would ex-perience. Her brood is not yet mature–not ready to be separated from her.Given now, their susurration would begone and her life would be different. Inher simple little hovel-house theknowledge that her art is nearby, notgone, still needing her protection, iscomforting, and gives her life purpose.

Her children require her vicariousattention, her patronage, the protectionthat she gives them in her large, privatesafe-box, the big house, close to her, nearher watchful eye.

Her importance is identified with herpossessions, her prizeful art, and child-less, she sees her paintings as thoughthey are animate, requiring her attention,valuable to her, not solely because oftheir intrinsic worth, but because theyare hers, and as time has passed, othershave become attracted to them and wantthem, but that moment, the time whenthey leave her home - is hers to con-trol and will be measured by the dateof her death.

Her children are like jewels in herprivate safe, unworn, unseen–sight-lessly retained, and the knowledge thatthey are hers is sustaining. They belongto her alone and only she can hear theirquiet whispers. Intimacy with them,touching, fondling, and caressing themis unnecessary. Possession alone,knowing they are hers is enough.

We finished viewing the art book,the photographs of her great collectionof magnificent paintings. She closedthe notebook’s cover, in which the im-

age of each painting was protected withclear cellophane, and she closed thecover with great pride. She is putting herchildren to bed–an obvious metaphor. Thebook had been open when I arrived.

I smiled at the tiny one. Perhaps 70pounds, my client is thin. She’s wearinga clean house dress and ReeboksTM. Herwhite hair is braided into two pigtails,

Meet the NAELACommunications

Department!Putting a face to NAELA is a job well-suited for NAELA’s Communica-

tion Director Jihane Rohrbacker and her sidekick Carolyn Smith. Together theytackle challenges which include putting together the NAELA News and NAELAQuarterly, (it’s not as easy as you think!) creating all NAELA brochures andpromotional materials, writing press releases, handling media relations and plan-ning for National Elder Law Month! Whether it’s a publications meeting or apublic relations extravaganza–this dynamic duo is ready to launch NAELA intothe next millennium!

Jihane K. RohrbackerIf NAELA needed an international correspondent,

Jihane would be the best candidate. Born in Beirut, Leba-non, Jihane speaks more languages than the NAELAstaff put together and has a wealth of knowledge andappreciation for different cultures and ways of life. Be-fore coming to NAELA six years ago, she worked forthe National Speakers Association in Phoenix, after at-tending Arizona State University, where she obtainedher journalism degree with an emphasis in public rela-tions. More recently, she and husband Dave welcomed

their first child, Daniel Allen Rohrbacker–the delight of their lives. When Jihaneretires she says she wants to travel the world. If she’s fueled with a steady pro-vision of sushi and chocolate and has baby Daniel in his traveling gear, wethink she’ll succeed.

Carolyn A. SmithOur resident photographer, Carolyn’s interests

range from working on stained glass pieces, takingfabulous photographs on her travels, dancing, caringfor her colorful collection of fish, and following theever-interesting political scene in the United States andabroad. Carolyn is a graduate of the University of Ari-zona, where she obtained her bachelor’s degree in jour-nalism and political science, and attended the Schoolfor International Training in Geneva for a semester.Her eclectic fashion awareness and sharp sense of humor liven up our days! Anavid reader and prolific writer, she hopes to someday travel the world, set upcamp on a deserted beach and write short stories.

tied with rubber bands about an inchabove the stubs. These ends are roundedlike inverted Japanese fans, not straightcut, but in semi-circles, laying on eachside of her neck and accenting her prettyface. “You are a picture,” I said. “Liv-ing, art,” she replied smiling, and shewas not alone referring to herself–abright one, she.

22


Members in the NewsNAELA was mentioned in the fol-

lowing publications:

● The Hartford Courant, in the May9, 1999 issue, in the article “FindOut What Those ’84 Shares AreWorth.”

● Journal Star, in the May 24, 1999issue, in the article “Older &Wiser.”

● Kiplinger’s Retirement Report, inthe June, 1999 issue, in the article“Why Medicaid Should Be a LastResort.”

● The Sante Fe New Mexican, in theJune 4, 1999 issue, in the article“Discuss Elder Care Before It’sNeeded.”

● Sun Journal, in the June 6, 1999issue, in the article “Good Care ofElderly Is in the Planning.”

● Daily Southtown, in the June 13,1999 issue, in the article “PlanningAnother’s Finances.”

● Standard Observer, in the June 14,1999 issue, in the article “People’sLonger Life Expectancies IncreaseNeed for Assisted Living.”

● Winthrop News, in the June 16,1999 issue, in the article “LongerLife Expectancies, AssistedLiving.”

● The Progress, in the June 16, 1999issue, in the article “NewlyPublished Directory Lists ElderLaw Attorneys.”

● North Penn Life, in the June 17,1999 issue, in “News Briefs.”

● The Herald, in the July 4, 1999issue, in the article “Options forFinding an Elder Law Attorney.”

Donna Bashaw, CELA, was quotedin the June, 1999 issue of Parent CareAdvisor, in the article “When Should anElder Law Attorney Be Consulted?”which also mentioned NAELA. She wasalso quoted in the June 4, 1999 issue ofthe Broward Daily Business Review, inthe article “Lawyers for Elderly, and TheirCaregivers, Find Increasing Reasons toCooperate,” which also mentioned Stuart

Zimring. The same article appeared inthe June 4, 1999 issue of the Palm BeachDaily Business Review and the June 4,1999 issue of the Miami Daily BusinessReview. It also appeared on the Cal Lawwebsite on May 24, 1999.

William J. Browning, CELA, wasmentioned in the June 21, 1999 issue ofThe Columbus Dispatch, as the new sec-retary of NAELA.

Nancy Busch was mentioned in theMay 29, 1999 issue of The Times News,in the article “Elderly In theDark About FinancialIssues.”

R o b e r tClofine wasquoted in the Sum-mer 1999 issue of For-tune Magazine’s Technol-ogy Buyer’s Guide in an articledealing with estate planning in-formation on the internet.

Michael H. Erde was recently ap-pointed to serve as the chair of the As-set Protection Committee of the ChicagoBar Association for 1999-2000.

Ronald Fatoullah, CELA, wasquoted in the May 22, 1999 issue ofNewsday, in the article “Elderly Fear LiensMay Hang Overhead.”

Paul F. Fortunato was mentioned inthe May 26, 1999 issue of the WilmingtonTown Crier as a new NAELA member.

Laurence S. Graham, A. FrankJohns, CELA, Bailey Liipfert, III, CELA,Christine Sylvester and Jan Warnerwere quoted in the June 2, 1999 issue ofThe Chicago Tribune, in the article “ANew Breed of Lawyer for the Elderly.”The article also referenced NAELA andNELF for resources and has appeared invarious publications since it first ap-peared in late April.

Harold L. Grodberg, CELA, wasmentioned in the May 25, 1999 issue ofThe Jersey Journal, as a Certified Elder

Law Attorney by the National Elder LawFoundation.

Sharon Kovacs Gruer, CELA, wasmentioned in the June 3, 1999 issue ofthe Great Neck Record, as a CertifiedElder Law Attorney by the National El-der Law Foundation.

A. Frank Johns, CELA, wasquoted in the June 13, 1999 issue of News& Record, in the article “Attorneys Spe-cialize in Needs of Elderly,” which alsoused NAELA as a resource.

John F. Kearns, III, CELA, was men-tioned in the

June 21, 1999issue of TheConnecticutLaw Tribune,

as a board memberof NAELA. The same

article also mentionedJudith A. Stein as president-

elect of NAELA.

Michael A. Kirtland was mentionedin the May 30, 1999 issue of the Mont-gomery Adviser as a new NAELA mem-ber.

Marilyn Kressel wrote “All It Takesis Planning: Averting the Crisis of Incom-petence in an Elderly Family Member,”for the May 26, 1999 issue of The Mont-gomery Journal.

Bernard A. Krooks, CELA, wasmentioned in the May 30, 1999 issue ofThe New York Times, in “The Elderly andthe Law,” which publicized his seminarfor National Elder Law Month.

Harry Margolis was quoted in theMay 7, 1999 issue of The Columbus Dis-patch, in the article “Man Suing NursingHome Over Bill For His Mother’s Care.”

Julia Merkt was quoted in the June4, 1999 issue of USA Today, in the article“Caring for Another’s Finances,” whichalso mentioned NAELA. The same articleappeared in the June 6, 1999 issue of theDetroit News. She was also mentionedin the June 20, 1999 issue of the El PasoTimes, as a NAELA Board Member.


23


Rebecca Morgan was featured inthe Spring, 1999 issue of the ABA’sBifocal newsletter, which also con-tained the article “Survey of State Emer-gency Medical Services Do-Not-Re-suscitate Laws,” by Charles P.Sabatino and “Bar Profile: Connecti-cut Bar Association’s Elder Law At-torneys Enter 21st Year,” by LeaNordlicht Shedd.

Gerald J. Mullaney, Sr. was men-tioned in the May 13, 1999 issue of theHearthstone Town and Country, forproviding free consultations on estateplanning as part of National Elder LawMonth.

Members in the News(continued from page 22)

Kerry R. Peck was featured in theJune, 1999 issue of the Chicago Lawyer,as the new president of The Chicago BarAssociation and in the June 21, 1999 is-sue of the Chicago Daily Law Bulletin.

Steven C. Perlis was mentioned inthe June 17, 1999 issue of Hanover ParkDaily Herald, Barrington Daily Heraldand the Mount Prospect/ProspectHeights Daily Herald as a 1999-2000board member of NAELA. The same ar-ticle appeared in eight other publicationsthat day.

Dana Rozansky was mentioned inthe June 16, 1999 issue of The SouthBergenite, in the article “NJSBF OffersFinancial Seminar.”

Peter Strauss wrote “Peter StraussMakes the Complexities of Home HealthCare Very Simple,” for the July, 1999 is-sue of Bottom Line Tomorrow.

Jake Thomas Townsend was men-tioned in the May 21, 1999 issue of TheUnion Democrat as a new NAELA mem-ber.

Daniel O. Tully was quoted in theApril 18, 1999 issue of The HartfordCourant, in the business column titled“Matt’s Money Talk.”

John Wargo, CELA, was mentionedin the June 13, 1999 issue of The JournalTimes, as a 1999-2000 board member ofNAELA.

SOCIAL SECURITY RETIREMENTAND SURVIVORS BENEFITS

1 9 9 9 F I G U R E S *

Many figures used to calculate Social Security Retirement and SurvivorsBenefits are revised annually, as are the figures used to determine theinsured status of the worker and how much a retired worker may earn.

Tax Rate for employee and employer 7.65 percent each

Tax rate for self-employed 15.30 percent

Maximum annual income subject to Social Security Tax $72,600

Quarter of coverage $740 equals one quarter of coverage

Retirement earnings test exempt earnings limit: age 65 to 69 $15,500 per year

Retirement earnings test exempt earnings limit: under age 65 $9,600 per year

Maximum benefit at 65 with maximum earning history $1,373 per month

Maximum benefit at 65 with average earning history $953 per month

Maximum benefit at 65 with low earning history $577 per month

* f r o m t h e A A R P ’ s f o u n d a t i o n 1 9 9 9 a n n u a l u p d a t e* f r o m t h e A A R P ’ s f o u n d a t i o n 1 9 9 9 a n n u a l u p d a t e* f r o m t h e A A R P ’ s f o u n d a t i o n 1 9 9 9 a n n u a l u p d a t e* f r o m t h e A A R P ’ s f o u n d a t i o n 1 9 9 9 a n n u a l u p d a t e* f r o m t h e A A R P ’ s f o u n d a t i o n 1 9 9 9 a n n u a l u p d a t e

24


Dealing With the Media —the NAELA Way!by Jihane K. Rohrbacker

N A E L A C O M M U N I C A T I O N S D I R E C T O R

A local reporter has just called youto discuss elder law in your community.You give her some information on yourpractice, the growth of the field in yourlocale and some typical cases you dealwith. Or she may be interested in yourcomments on a new law affecting se-niors. In either case, you should alsointroduce the reporter to NAELA andintegrate what NAELA has to offer intothe story. We’re here to help you dojust that! Whenever you are contactedby a reporter, be sure to call me at (520)881-4005, ext. 115 or by e-mail at:[email protected], so that I may fol-low up with the reporter and send her aNAELA Media Kit, which includes a va-riety of materials on NAELA and elderlaw in general.

Following are some tipsto help you make themost out of an interviewwith a reporter.

Speaking About NAELA

Use of NameIn an effort to be consistent in how

we refer to the National Academy of El-der Law Attorneys, we suggest you usethe full name the first time it is referred toand then “NAELA” or “The Academy”thereafter.

Materials Available to ConsumersNAELA offers consumers a free bro-

chure entitled “Questions and AnswersWhen Looking for An Elder Law Attor-ney.” We ask consumers to send theirrequests with a self-addressed stampedenvelope. Don’t forget that the NAELAWebsite, at www.naela.org, is a greatsource of information as well.

ReferralsNAELA does not run a referral ser-

vice for elder law attorneys. NAELA

does not give out names of attorneysover the telephone, but consumers maypurchase the NAELA Consumer Direc-tories at $15 each. They are printed bythe following regions: West, Midwest,East and Southeast. NAELA membersare listed by state within each region.

Dealing with the MediaWhat are some of the things you

should be aware of if you are called bythe media for an interview?

Phone Interviews

● If you are not prepared to beinterviewed on the spot, ask thereporter if his or her deadlineallows you to set up a call the nextday, thus giving you time togather materials and informationyou may need during the inter-view. Be aware that in most cases,reporters are on tight deadlinesand may not be responsive tosuch a request; if that is the case,be amicable and do your best!

● If you have the chance to scheduleanother call, you should:

● Ask the reporter what thegeneral direction of the interviewwill be. How long can you expectthe interview to take? If it is aradio interview, is it live or edited?

● Call the NAELA office to requesta media kit if one has not alreadybeen sent to the reporter.

● Determine what kind of questionsyou are likely to be asked:general, about industry trends,about your business, aboutspecific cases, etc. Focus yourpreparation.

● Be clear and concise: Place yourmost important points at thebeginning of each response,where they will be clear and

isolated; i.e. Don’t say “there areseveral reasons why elder lawattorneys are in demand.” Startwith, “The aging of the babyboomers and need for legalservices are two of the reasonswhy elder law attorneys are indemand.”

Television Interviews

● Research the interviewer’sapproach. Watch him or her andnotice the reporter’s style ofquestioning.

● Practice expressing ideas insimple, everyday terms.

● Tape yourself making key points.It could come as a shock that youtalk much faster or slower thanyou think you do!

● Arrive at the television station inplenty of time to relax and preparefor your interview.

● Forget the camera once you arein the television studio andseated. Talk as if you’re speakingto a friend who needs to hearyour message.

● Look the reporter in the eyewhile you are speaking. This willhelp you develop a conversa-tional rapport with him or her.

● Think in sound bites. If you’rebeing interviewed for a regularnews story your comments willbe edited. Only about 15 or 20seconds worth of your words willactually make it on the air.Therefore, think about theessence of your remarks and getto the bottom line quickly.

● Let the focus be on you, not yourclothing: wear solid colors;pastel shades or off-white forshirts and blouses; avoid largeprints or patterns; avoid blackand white or shiny fabrics, noisyor shiny jewelry or overwhelmingscarves or ties.

Radio Call-In Show InterviewsUnlike television, where the viewer

is influenced by sight and sound as wellas your message, radio depends only


25


on audio to create mental images for itslisteners. Delivery is extremely important;you must rely totally on your tone of voiceto emphasize key points in answering thehost’s questions.

● Always be on your toes. It is oftendifficult to determine whether acaller has finished his questions orif he is simply pausing and intendsto continue. You must not allowtoo much time to lapse beforeanswering, but neither should yoube hasty and possibly interrupt acomplete question or thought.

● Do not let the caller “bully” youinto giving specific comments onthe telephone. Often a reporterneeds confirmation of a particularviewpoint or position–take time tothink about what response you feelcomfortable giving and respondconfidently.

● At some time, you may be asked todo a “beeper” interview. This is avery brief one or two-minute tapethat will be broadcast at an undeter-mined time or date. The interviewusually consists of only onequestion and answer. These arevaluable to the radio stationbecause they can be used as“filler.” They are valuable to youbecause they are often re-used,keeping you in the media arena fora long time.

Follow upIt is very important that you send the

reporter a letter or note within a week af-ter your interview. In your note, youshould not only express your gratitudefor the opportunity to be interviewed, butalso offer yourself as a future source.

If you have some ideas for futurestories, include them in the letter. Alsoreport on any reaction you received fromthose who read, saw or heard the piece.Dealing With A Hostile Reporter

● Never say “no comment.” Itimplies guilt or coverup.

● Don’t let the reporter put words inyour mouth. If you don’t like the

way a question is stated, don’trepeat the question in yourresponse — even to deny it.Example: If a reporter asks if yourservices are overpriced, don’t say“I wouldn’t use the term over-priced.” You just did! Instead, say:“I believe our services provide highvalue for the price.”

● Don’t answer hypothetical ques-tions. If you absolutely have to,make sure you label your answer ashypothetical by saying somethinglike, “that is a very interestinghypothetical question. Though I’venever been in such a situation,hypothetically I would say that thebest way to handle that situationwould be to...”

● Don’t become defensive. Even ifan interviewer is rude or hostile,never sink to his or her level. Youcan never win by getting into anargument, especially if theinterviewer can edit the tape.

● Be wary of statistics. Don’tassume that the interviewer isusing the correct statistics. If youhave doubts, ask about the sourceof the statistics and express yourinterest in seeing a copy of them.

● If a reporter fires a number ofquestions at you without lettingyou answer any of them com-pletely, politely say that youwould like to answer them in anorderly fashion. Then choosewhichever question you feel mostcomfortable with and start withthat one.

Your Participation isCrucial to Our Success

Exposure in the local or national me-dia not only has a trigger effect in that itoften results in further exposure but italso has an effect on requests for mem-bership and referrals as was most visiblewith the Family Circle article earlier thisyear, which generated more than 8,000inquiries!

Remember, NAELA does not haveaccess to all media outlets that publishstories related to elder law. Although re-porters are asked to send a copy of thearticle to national, it does not alwayshappen. We therefore rely heavily onmembers’ sending copies of articles oralerting us of upcoming pieces beingpublished. So, be sure to send us a copyof any articles that mention you orNAELA.

Dealing With the Media —the NAELA Way!(continued from page 24)

Interviewing Dont’s

● Don’t start answering before the host has finished his or herquestion.

● Don’t try to include everything in one answer.

● Don’t say anything you wouldn’t want to see in print or hearplayed back. If you have the slightest doubt, do not say what you arethinking of saying!

● Don’t get distracted by the cameras, lights and people during theinterview.

● Don’t gesture wildly. Keep your movements natural, but controlled.Keep your hands away from your face and mouth. Don’t run yourfingers through your hair or rub them together.

● Don’t bluff. If you are not prepared to answer or don’t know theanswer to a question, say so.

● When you are speaking on behalf of NAELA, remember that youare representing the Academy, so do not fall into the trap of givingyour personal opinion unless it is NAELA’s viewpoint.

26


Noncitizen Eligibility ForSocial Security and

Supplemental SecurityIncome Benefits

by Ethel Zelenske, Esq.N A T I O N A L S E N I O R C I T I Z E N S L A W C E N T E R

The Balanced Budget Act of 1997(BBA)1 included several significant fixesthat undo some of the more serious re-strictions imposed by the Personal Re-sponsibility and Work Opportunity Rec-onciliation Act of 1996 (PRWORA),2

which affected noncitizen eligibility forSupplemental Security Income (SSI) and,to a lesser extent, for Social Security ben-efits. This article provides a brief sum-mary of the current eligibility rules gov-erning noncitizen eligibility for SocialSecurity and SSI benefits after BBA ‘97.

I. Social Security EligibilityTitle II Social Security benefits are

payable only to an “alien who is lawfullypresent in the United States as deter-mined by the Attorney General” or tononcitizens receiving payment pursuant

to a treaty or totalization agreement. Theprovision limiting payment applies onlyto benefits payable based on applicationsfiled on or after December 1, 1996.3 Thelimitation applies to dependents as wellas to wage earners filing for Title II ben-efits.

The Attorney General issued regu-lations defining the “lawfully present”provision for Title II purposes.4 The defi-nition is much broader than the catego-ries of noncitizens eligible for SSI (dis-cussed below) and includes: “qualifiedaliens” as defined in 8 U.S.C. § 1641; per-sons who have been inspected and ad-mitted into the United States and havenot violated the terms of their status; per-sons who have been paroled into theUnited States pursuant to section212(d)(5) of the Immigration and

Naturalization Act for less than one year;noncitizens admitted for humanitarian orother public policy reasons (seven cat-egories are listed); and noncitizens whohave applied for asylum or withholdingof deportation and who have been grantedemployment authorization.

II. Similar to the payment restrictionsfor Title II benefits, the BBA limitseligibility for Medicare and RailroadRetirement Act benefits to persons“lawfully present” in the UnitedStates.5

Supplemental Security IncomeEligibilityFor SSI, an individual must be acitizen6 of the United States or anoncitizen in certain, restrictedimmigrant categories. Since therecent statutory changes havesignificantly complicated SSIeligibility for noncitizens, theprocess should be considered in twosteps:

1. Step One: The “Qualified Alien”Requirement

Since the enactment of PRWORA, allnoncitizens are divided into twogeneral categories: (1) “qualifiedaliens” and (2) everyone else, knownas “nonqualified aliens.” As athreshold requirement, a noncitizenmust fall into a “qualified alien” (QA)category to be eligible for mostfederal benefits, including SSI. Thisrequirement must be met beforeconsidering any further eligibilityrequirements. The former SSIcategory of “persons residing undercolor of law” (PRUCOL) waseliminated in PRWORA.

The “qualified alien” categories areset by statute7 and include onlythose noncitizens: (1) lawfullyadmitted for permanent residence(LAPR); (2) admitted to the U.S. asrefugees; (3) granted asylum(asylees); (4) “paroled” into the U.S.for at least one year; (5) grantedwithholding of deportation; (6)granted “conditional entry”; (7) whoare “Cuban/Haitian Entrants”; or (8)who meet the “battered spouse or


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child” definition under Departmentof Justice guidelines.

The only nonqualified aliens whocontinue to be eligible for SSI arethose who were “receiving” SSI asPRUCOLs on August 22, 1996.8

2. Step Two: Which Qualified AliensAre Eligible for SSI?

Being a “qualified alien” alone doesnot meet SSI eligibility criteria fornoncitizens. The immigrant must bea qualified alien and meet one of thefive categories as set forth in thePRWORA and the BBA:

● Time-limited exception for refugees,etc. Persons who enter the U.S. asrefugees, who are granted asylum,and whose deportation has beenwithheld under § 243(h) of theImmigration and Nationality Act(INA) are eligible, but only for thefirst seven (7) years after the datethat status is granted.9

● Veterans’ exception. An individual“lawfully present” in the U.S. iseligible if he or she is a U.S. veteranwith an honorable discharge or whois on active duty. Also eligible arethe veteran’s spouse, unremarriedsurviving spouse, or unmarrieddependent child.10

● 40 quarters exception. A lawfullyadmitted permanent resident (LAPR)who entered the U.S. before August22, 1996 is eligible if he or she (i) hasworked 40 “qualifying quarters”(QQ)11 or can be credited with suchquarters and (ii) did not receive anyfederal means-tested public benefitduring any quarter which begins

Noncitizen Eligibility ForSocial Security andSupplemental SecurityIncome Benefits(continued from page 26)

after December 31, 1996.12 If theLAPR entered the U.S. on or afterAugust 22, 1996, the 40 QQ excep-tion is available only after he or shehas resided in the U.S. for 5 years.13

● Grandfatherees. Noncitizenslawfully residing in the U.S. and whowere “receiving” SSI on August 22,1996 are eligible indefinitely.14 TheSocial Security Administration (SSA)considers this group eligible underthe more liberal pre-August 22, 1996law and rules. Thus, these individu-als retain “grandfathering” rightseven if benefits terminate for otherreasons.15 SSA uses the sameregulation for determining “lawfullyresiding” as used in establishingTitle II eligibility.16

● In the U.S. on August 22, 1996 andblind or disabled. Noncitizens“lawfully residing” in the U.S. onAugust 22, 1996 and who are blindor disabled are eligible.17 SSA usesthe same “lawfully residing” rulesdescribed above for Title II ben-efits.18 Once the “lawfully residing”requirement is met, the noncitizen iseligible if determined by SSA to beblind or disabled, regardless ofonset, age, or date of application.This category can be used for agednoncitizens (65 or over) who were inthe United States on August 22,1996, but were not receiving SSI onthat date.

The chart below indicates possiblecategories of SSI eligibility dependingon the date of entry into the UnitedStates:

ConclusionRecent legislation has restricted non-

citizen eligibility for Social Security andSSI benefits. While some of the more se-vere restrictions in the 1996 law were

rectified by the 1997 BBA, many immi-grants continue to be barred from receiv-ing SSI. To represent noncitizen clientsadequately, advocates should be familiarwith the current eligibility categories.

The National Senior Citizens Law Center isa public-interest law firm that specializes inthe legal problems of older people. TheirWashington, DC office can be reached at:(202) 289-6976; Fax: (202) 289-7224,and the Los Angeles office at (310) 204-6015, Fax: (310) 204-0891; e-mail:[email protected].

Endnotes1. Balanced Budget Act of 1997 (BBA), Pub. L.

No. 105-33, 111 Stat. 251.2. Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (PRWORA), Pub. L.No. 104-193, 110 Stat. 2105.

3. PRWORA, § 401(b)(2). The PRWORA madethis provision effective with applications filed onor after September 1, 1996. However, Pub. L.No. 104-208 extended the date to December 1,1996.

4. 8 C.F.R. § 103.12.5. Pub. L. No. 105-33, § 5561, 111 Stat. 251, 638,

codified at 8 U.S.C. § 1611(b)(3) (Medicare)and 1611(b)(4) (Railroad Retirement benefits).

6. A “citizen” of the United States is a person bornin the U.S., Puerto Rico, Guam or the VirginIslands. Citizenship also may be obtainedthrough naturalization. Persons born inAmerican Samoa, Swains Island, and theNorthern Marianas Islands are U.S. Nationalsbut considered “U.S. citizens” for SSIpurposes. 20 C.F.R. § 416.1603.

7. 8 U.S.C. § 1641.8. Pub. L. No. 105-306, the “Noncitizens Benefit

Clarification and Other Technical AmendmentsAct of 1998.”

9. 8 U.S.C. § 1612(a)(2)(A).10. 8 U.S.C. § 1612(a)(2)(C).11. For SSI purposes, earnings from work which

are not creditable for Title II purposes may beused. POMS SI 00502.135.

12. 8 U.S.C. § 1612(a)(2)(B).13. 8 U.S.C. § 1613(a).14. 8 U.S.C. § 1612(a)(2)(E).15. POMS SI 00502.100B.1.16. POMS SI 00502.100A.17. 8 U.S.C. § 1612(a)(2)(F).18. POMS SI 00502.142.

ELIGIBLE CATEGORIES IF ENTERED BEFORE AUGUST 22, 1996

Time-limited exception for refugees, asylees, etc.Time-limited exception for refugees, asylees, etc.Time-limited exception for refugees, asylees, etc.Time-limited exception for refugees, asylees, etc.Time-limited exception for refugees, asylees, etc.

Veterans exceptionVeterans exceptionVeterans exceptionVeterans exceptionVeterans exception

40 quarters exception for LAPRs40 quarters exception for LAPRs40 quarters exception for LAPRs40 quarters exception for LAPRs40 quarters exception for LAPRs

Receiving SSI on August 22, 1996, i.e., grandfathereesReceiving SSI on August 22, 1996, i.e., grandfathereesReceiving SSI on August 22, 1996, i.e., grandfathereesReceiving SSI on August 22, 1996, i.e., grandfathereesReceiving SSI on August 22, 1996, i.e., grandfatherees

Lawfully residing in U.S. on August 22, 1996 and disabledLawfully residing in U.S. on August 22, 1996 and disabledLawfully residing in U.S. on August 22, 1996 and disabledLawfully residing in U.S. on August 22, 1996 and disabledLawfully residing in U.S. on August 22, 1996 and disabled

ELIGIBLE CATEGORIES IF ENTERED ON OR AFTER AUGUST 22, 1996

Time-limited exception for refugees, asylees, etc.Time-limited exception for refugees, asylees, etc.Time-limited exception for refugees, asylees, etc.Time-limited exception for refugees, asylees, etc.Time-limited exception for refugees, asylees, etc.

Veterans exceptionVeterans exceptionVeterans exceptionVeterans exceptionVeterans exception

40 quarters exception for LAPRs (after 5 years)40 quarters exception for LAPRs (after 5 years)40 quarters exception for LAPRs (after 5 years)40 quarters exception for LAPRs (after 5 years)40 quarters exception for LAPRs (after 5 years)

28


OPPORTUNITIESAVAILABLE

OPPORTUNITIESAVAILABLE

Join the team that’s shaping thefuture of your profession

A CALL FOR NAELA BOARD OF DIRECTORS NOMINATIONS

Are you tired of sitting on the sidelines?Are you ready to share your experience and expertise?

Here’s your chance to help lead the association dedicatedto furthering the profession of elder law.

NAELA is currently seeking members to serve in thefollowing leadership positions on its board of directors:

● President-Elect● Vice President

● Treasurer● Secretary

● Six directors...

And YOU can make a difference.

THE BENEFIT PACKAGE● A role in advancing your profession

● Exposure to a wealth of personal and professional contacts

● Access to up-to-date information about the challenges facing your practice in the future

● The chance to exchange ideas and perspectives with other volunteer leaders

QUALIFICATIONS● Demonstrated commitment to NAELA and the profession of elder law

● Strong background in committee and volunteer work● A proven track record on affecting change

● Ability and commitment to dedicate the time to attend three Board Meetings per year.

WE WANT TO HEAR FROM YOUIf you are interested in serving or know of potential candidates, please write to Rebecca Morgan,

Nominating Committee Chair, NAELA, 1604 N. Country Club Road, Tucson, AZ 85716-3102; Fax (520) 325-7925.

NOMINATIONS (INCLUDING SELF NOMINATIONS) MUST BE RECEIVED NO LATER THAN DECEMBER 10, 1999.

29


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Pre-Conference AThe Basics of Elder Law Day1 .1 .1 .1 .1 . ❑ WELCOME AND A REVIEW OF THE BASICS OF MEDICAID ...................................................................................................................... (1 Tape ) ............... $ 9.0022222. ❑ HEALTH CARE DIRECTIVES, DURABLE POWER OF ATTORNEY, CAPACITY AND GUARDIANSHIP .................................................... (1 Tape ) ............... $ 9.0033333. ❑ HOUSING OPTIONS AND NURSING HOME ISSUES .................................................................................................................................. (1 Tape ) ............... $ 9.0044444. ❑ SPECIAL PRESENTATION: OFFICE PRACTICE AND CLIENT DEVELOPMENT ....................................................................................... (1 Tape ) ............... $ 9.0055555. ❑ WILLS, LIVING TRUSTS, BASIC TAXATION ................................................................................................................................................ (1 Tape ) ............... $ 9.0066666. ❑ MEDICARE ..................................................................................................................................................................................................... (1 Tape ) ............... $ 9.0077777 ..... ❑ ETHICS FOR THE ELDER LAW ATTORNEY ................................................................................................................................................ (1 Tape ) ............... $ 9.0088888 ..... ❑ IMPORTANT CALIFORNIA DIFFERENCES; QUESTIONS AND ANSWERS ............................................................................................... (1 Tape ) ............... $ 9.00

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NEW CHANGES WILL AFFECT CLIENTS .................................................................................................................................................... (1 Tape ) ............... $ 9.0028 .28 .28 .28 .28 . ❑ HANDLING MEDICARE ADMINISTRATIVE HEARINGS ............................................................................................................................... (1 Tape ) ............... $ 9.0029 .29 .29 .29 .29 . ❑ NURSING HOME LITIGATION ...................................................................................................................................................................... (1 Tape ) ............... $ 9.0030 .30 .30 .30 .30 . ❑ USING THE FAMILY BUSINESS AS AN EXEMPT RESOURCE ................................................................................................................... (1 Tape ) ............... $ 9.0031ab .31ab .31ab .31ab .31ab . ❑ RECENT DEVELOPMENTS PANEL AND CLOSING REMARKS .................................................................................................................. (2 Tapes) ............... $18.00

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NAELA News ● August 1999P A I D A D V E R T I S E M E N T

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1 6 0 4 N O R T H C O U N T R Y C L U B R O A DT U C S O N , A R I Z O N A 8 5 7 1 6 - 3 1 0 2

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PAIDTucson, ArizonaPermit No. 3178

National Academy ofElder Law Attorneys, Inc. TM

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Name/Telephone ExtensionName/Telephone ExtensionName/Telephone ExtensionName/Telephone ExtensionName/Telephone Extension E Mail AddressE Mail AddressE Mail AddressE Mail AddressE Mail AddressAddress ChangesAddress ChangesAddress ChangesAddress ChangesAddress Changes ..................................................................................................................................................................................................................................................... Jenifer Mowery, ext. 114 ...................................... jmowery@naela.comAdvertisingAdvertisingAdvertisingAdvertisingAdvertising ............................................................................................................................................................................................................................................................................................................ Carolyn Smith, ext. 106 ....................................... [email protected] QuestionsBilling QuestionsBilling QuestionsBilling QuestionsBilling Questions ................................................... Janet Tite, ext. 119 ....................................... ....... [email protected] ActionBoard ActionBoard ActionBoard ActionBoard Action ............................................................................................................................................................................................................................................................................................. Laury Adsit, ext. 113 ............................................ [email protected] ................................................................................................................................................................................................................................................................................................................. Becky Notestine, ext. 107 .................................... info@naela.comCertificationCertificationCertificationCertificationCertification ....................................................................................................................................................................................................................................................................................................... Brittany Betz, ext. 116 .......................................... [email protected] ........................................................................................................................................................................................................................................................................................................................... Janice Phillips, ext. 121 ....................................... [email protected] PlacementCommittee PlacementCommittee PlacementCommittee PlacementCommittee Placement .................................................................................................................................................................................................................. Janice Phillips, ext. 121 ....................................... [email protected] DirectorExecutive DirectorExecutive DirectorExecutive DirectorExecutive Director ..................................................................................................................................................................................................................................................... Laury Adsit, ext. 113 ............................................ [email protected] RegistryExperience RegistryExperience RegistryExperience RegistryExperience Registry ...................................................................................................................................................................................................................................... Jenifer Mowery, ext. 114 ...................................... [email protected] ..................................................................................................................................................................................................................................................................................................................................... Debbie Barnett. ext. 117 ...................................... [email protected] ........................................................................................................................................................................................................................................................................................................................... Debbie Barnett, ext. 117 ...................................... [email protected] QuestionsMailing QuestionsMailing QuestionsMailing QuestionsMailing Questions ..................................................................................................................................................................................................................................................... Jami Morris, ext. 118

or Becky Notestine, ext. 107 ................................ [email protected] RelationsMedia RelationsMedia RelationsMedia RelationsMedia Relations .................................................................................................................................................................................................................................................................... Jihane Rohrbacker, ext. 115 ................................ jrohrbacker@naela.comMembershipMembershipMembershipMembershipMembership .................................................................................................................................................................................................................................................................................................. Jenifer Mowery, ext. 114 ...................................... [email protected] DirectoryMembership DirectoryMembership DirectoryMembership DirectoryMembership Directory ....................................................................................................................................................................................................................... Jenifer Mowery, ext. 114 ...................................... [email protected] NewsNAELA NewsNAELA NewsNAELA NewsNAELA News/////QuarterlyQuarterlyQuarterlyQuarterlyQuarterly Articles Articles Articles Articles Articles ............................................................................................................................................ Jihane Rohrbacker, ext. 115 ................................ [email protected] PolicyPublic PolicyPublic PolicyPublic PolicyPublic Policy ............................................................................................................................................................................................................................................................................................. Laury Adsit, ext. 113 ............................................ [email protected] Interest GroupsSpecial Interest GroupsSpecial Interest GroupsSpecial Interest GroupsSpecial Interest Groups ........................................................................................................................................................................................................ Janice Phillips, ext. 121 ....................................... [email protected] CoordinatorsState CoordinatorsState CoordinatorsState CoordinatorsState Coordinators ................................................................................................................................................................................................................................................ Jenifer Mowery, ext. 114 ...................................... [email protected]/Institute InformationSymposium/Institute InformationSymposium/Institute InformationSymposium/Institute InformationSymposium/Institute Information

CLECLECLECLECLE ............................................................................................................................................................................................................................................................................................................ Brittany Betz, ext. 116 .......................................... bbetz@naela.comExhibitorsExhibitorsExhibitorsExhibitorsExhibitors .................................................................................................................................................................................................................................................................... Karen Miller, ext. 108 ........................................... [email protected] .............................................................................................................................................................................................................................................................................. Jihane Rohrbacker, ext. 115 ................................ jrohrbacker@naela.comRegistrationRegistrationRegistrationRegistrationRegistration ................................................................................................................................................................................................................................................ Jenifer Mowery, ext. 114 ...................................... [email protected] .................................................................................................................................................................................................................................................................... Karen Miller, ext. 108 ........................................... [email protected]

Tapes/ManualsTapes/ManualsTapes/ManualsTapes/ManualsTapes/Manuals ......................................................................................................................................................................................................................................................................... Jami Morris, ext. 118 ............................................ [email protected]

There are often questions as to whois who on the NAELA staff. As youknow, we have a staff of 15 peopleworking for us, and everyone is re-sponsible for very specific things. Ouroffices are located at 1604 NorthCountry Club Road, Tucson, Arizona85716 and are open from 8:00am. to5:00pm., Mountain Time, Mondaythrough Friday, except holidays. Thetelephone number is (520) 881-4005.The fax number is (520) 325-7925.We also have voice mail and there-fore, you may leave messages 24hours a day, seven days a week! Tohelp you in your endeavor to getthrough the maze, we are listing whoyou should contact for what things:

Who’s Whoon the

NAELA Staff ?

Exclusive to the NAELA News: An Interview with Jane Bryant ... News/NAELANewsVol11No4.pdfBryant...

Documents

Transcript of Exclusive to the NAELA News: An Interview with Jane Bryant ... News/NAELANewsVol11No4.pdfBryant...