Orange — Seniors and the Law-A Guide for Maturing Californians (State Bar of California)

Source: https://www.calbar.ca.gov/sites/default/files/portals/0/documents/ConsumerInformation/2014_Seniorsguide-R.pdf

Sparse pages use OCR; original PDF remains authoritative.

THE A Guide for Maturing Californians FUNDED WITH A GENEROUS GRANT FROM THE CALIFORNIA BAR FOUNDATION

and ThS e n i o r s e Law ou have reached your “golden years.” Or your parents have reached theirs. You have a lot of company. With nearly 4.5 million residents age 65 or older, California has more seniors than any other state in the nation. Their numbers keep growing, as are their legal rights and the many programs geared to them. When you become a senior, you will face new challenges. Will you have enough money to make ends meet? Will you become ill or incapacitated? WillY you be able to get around if you cannot drive? Will you wind up helpless and alone—or even abused? You may become a target in a wide range of consumer scams as well, from home repair offers to Internet schemes to living trust “mills.” Slick con artists set their sights on seniors. At no other time in your life has it been more important to plan ahead—and know your rights. You may not be aware of the many laws, benefits and special services available to help you stay in charge of your life. “Seniors and the Law” touches on some of them and provides contact information for numerous resources. Keep in mind that this guide is intended to provide you with general information. Laws are subject to change. If you have a specific legal problem, you may want to consult an attorney.

MAKING ENDS MEET / CHOOSING WHERE TO LIVE / OBTAINING HEALTH CARE AND BENEFITS / PLANNING AHEAD / DEALING WITH DEBT / STAYING ON THE JOB / GETTING AROUND / HANDLING ELDER ABUSE / AVOIDING CONSUMER SCAMS / GETTING DIVORCED OR REMARRIED / RAISING YOUR GRANDCHILDREN / FINDING A CAREGIVER OR NURSING HOME / LOSING A SPOUSE OR PARENT / GETTING LEGAL HELP / RESOURCES

Making Ends not sufficient for cashing such checks.) By law, a representative payee must keep records of how payments are received, spent or paid and can Meet only spend the funds on your needs—they could be convicted of misus­ You may be tapping into retire­ ing funds if he or she were to do otherwise.ment benefits for the first time. You may be house-rich, but cash-poor. Veterans can contact the U.S. Department of Veterans Affairs andOr you may be struggling just to pay your bills in the recent economic railroad retirees can contact the Railroad Retirement Board about simi­downturn. How you make ends meet will depend on your particular lar payee programs. (See Resources section.)circumstances. But in your senior years, it will likely involve new types of income—Social Security, Supplemental Security Income, a pension or maybe a retirement account distribution. What is Supplemental Security Income (SSI)? SSI is a cash assistance program for U.S. citizens and some non-What is Social Security? citizens who are age 65 or older, blind or disabled. Only those with limited resources can qualify for monthly checks in an amount based It is a government program that provides regular benefits to on the individual’s circumstances. In California, the program iseligible workers and their families after the worker retires, becomes administered with additional funding from the State Supplementalseverely disabled or dies. Social Security taxes from employees, Program (SSP). Even if you believe you will not qualify for more thanemployers and self-employed workers help fund the program. If a very small amount of SSI/SSP funding, it may be worth your whileyou have paid into the program long enough—roughly 10 years— to apply for such assistance. As a recipient, you are automaticallyyou will be eligible for full benefits sometime between the ages of eligible for free health benefits under Medi-Cal. And you may receive65 and 67 (depending on your date of birth). What you receive will other benefits, such as In-Home Supportive Services, as well. (WIC §§be based on your past earnings. You may qualify for reduced ben­ 12000-12351) You can apply for SSI/SSP at your local Social Security efits at age 62. But such benefits, if taken at that age, will remain Administration office. at that lower level permanently. You can put off collecting any benefits until age 70. You will receive delayed retirement credit and What is a reverse mortgage? wind up with a larger monthly check—as much as 8 percent more for each year beyond your A reverse mortgage allows you, if you are 62 or older, to receive retirement age. To find out how employment cash advances based on the equity in your home. If you own your income might affect your benefits, see the home but have little income, this type of loan may assist you in mak­ section entitled Staying on the Job. And for ing ends meet. You generally will not have to pay anything back until information on the potential impact of you sell your home, transfer title, leave your home for an extended your marital status, see Getting Divorced or period, move out or die. Nor is there any prepayment penalty. You Remarried. Traveling or living in most foreign countries will not affect your eligibility Code Abbreviations for benefits. However, you should con­ tact Social Security if you plan to leave Kep the country for 30 days or longer. BPC BUSINESS AND PROFESSIONS CODE To check your earnings and benefit sta- CCCCP CIVILCODE CODEOF CIVIL PROCEDURE tus, call 800-772-1213 (www.socialsecurity. Corp. CORPORATIONS CODE gov) for a free personal statement from the FC FAMILY CODE Social Security Administration. To find out GC GOVERNMENT CODE what other types of benefits might be available HSC HEALTH AND SAFETY CODE to you, you can also check the National Council IC INSURANCE CODE LC LABOR CODE on Aging’s “benefits checkup” website (www.benefitschecku what other types of benefits might be available HSC HEALTH AND SAFETY CODE to you, you can also check the National Council IC INSURANCE CODE LC LABOR CODE on Aging’s “benefits checkup” website (www.benefitscheckup.org). MVC MILITARY AND VETERANS CODE PC PENAL CODE Prob. PROBATE CODE What is a representative payee? PRC PUBLIC RESOURCES CODE PUC PUBLIC UTILITIES CODE A representative payee is someone who is authorized to receive RTC REVENUE AND TAXATION CODE UIC UNEMPLOYMENT INSURANCE CODEyour Social Security or Supplemental Security Income checks for you. If you have trouble managing your checks, for example, the Social VC VEHICLE CODE Security Administration might appoint a relative, friend or qualified WIC WELFARE AND INSTITUTIONS CODE organization to receive the payments for you. (A power of attorney is

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s can never owe more than the value of your home. To Is there any financial assistance available for obtain such a loan, you must use a licensed lender. seniors who are immigrants? In addition, you must get counseling regarding such loans before applying for one. (The lender Yes. California’s Cash Assistance Program for Immigrants (CAPI) is required to provide information on counsel­ is for seniors who meet all the criteria for SSI/SSP cash assistance but ing agencies and cannot accept your appli­ have been turned down because of their immigration status. Such cation without a certificate showing you seniors may be able to get almost the same amount of cash as they underwent counseling.) With so much at would have received through SSI/SSP. stake, you should make sure you under­ If the senior entered this country before Aug. 22, 1996, he or she is stand the legal and financial consequenc­ probably eligible for CAPI. If he or she did not get a green card until es before you sign such a loan. after that date, however, the situation is more complicated. If the senior You can get more information on arrived here more recently, there may be additional hurdles, depending reverse mortgages and local non-profit on the senior’s circumstances, sponsor and resources. counseling agencies by visiting the U.S. If you are a senior immigrant who is not eligible for CAPI, how­ Department of Housing and Urban ever, you may qualify for another type of assistance. If you have very Development’s (HUD) website at www. little income, for example, you may be able to get help through General hud.gov. Assistance (GA) or General Relief (GR). If you are a recent refugee, you may be able to get Refugee Cash Assistance (RCA). If you are raising a Is there any special tax relief grandchild or other young relative, you may qualify for another benefit. for seniors? (See Raising Your Grandchildren.) For more information on CAPI, GA/GR or RCA, contact your local Yes, as a senior, you may be eligible to keep human services agency or Area Agency on Aging. your property tax at the same level if you sell your home and buy another home that is worth the same or less. (See Choosing Where to Live.) The future of two other Choosing Where to tax relief programs for seniors, however, remains in question. In Live 2008, funding for a homeowner and renter assistance program that partially Most people prefer to remain self-sufficient reimbursed property tax payments to low-income seniors and the for as long as possible. In your senior years, however, your circum­ blind and disabled was cut from the state budget. For more informa­ stances—a change in your health or finances, for example—may call tion, contact the Franchise Tax Board. (See Resources.) for a new living arrangement. During a state budget crisis in 2009, legislation suspended a state property tax postponement program. However, in 2011, the state Can I get a tax break if I downsize to aestablished a new program authorizing California counties to allow low-income seniors and disabled citizens to defer the payment of smaller home? property tax on their homes or mobile homes until the sale of the property or the settlement of their estate. For updated Maybe. In some counties, if you are over age 55 (or severely or per­ information on the program’s status, contact manently disabled) and you sell your home to buy another home of the the State Controller’s office (see Resources).

Maybe. In some counties, if you are over age 55 (or severely or per­
information on the program’s status, contact manently disabled) and you sell your home to buy another home of the
the State Controller’s office (see Resources). same or lesser value in the same county, your property tax will be cal­
Homeowners of any age can file a homeown­ culated according to the base year value of your old home. In addition, Extra help ers property tax exemption with their some counties have ordinances allowing you to move from one county

to pay energy county assessor’s office to claim a tax to the next—and still get the tax break. However, you will only get this exemption on $7,000 of the market bills property tax break once—unless you become disabled after receiving value of their home. To be eligible, the tax relief based on your age. (RTC § 69.5) a homeowner must live in the Also, regardless of your age, you can sell your home for up to • For low-income house­ home. $250,000 in tax-free profit without owing capital gains tax—if you have holds of three or more per­ owned and lived in your home for two years during the five years sons who don’t qualify for Can I get any help prior to the sale. If you are married and file a joint return, you would the California Alternate Rates paying my gas and generally be allowed up to $500,000 in tax-free gain from the sale of for Energy (CARE), the Family your home. (Internal Revenue Service (IRS), Pub. 523) Electric Rate Assistance (FERA) electric bills? program can help with lower If you have very little Can a landlord turn me down as a tenant electrical rates. income, you may qualify because I am a senior? • You may also qualify for medical for California Alternate Rates equipment discount rates if you for Energy (CARE). This No. It is illegal for landlords to discriminate against anyone simply have special energy needs related program provides a 20 because he or she is 62 years old or older. Nor is it legal to discriminate to a medical condition. percent discount on electric • The Lifeline Rate Program is and natural gas bills. (PUC also available to low-income § 739.1) For information and Travel and Recreation seniors or disabled customers. an application, contact your Discounts energy company. Your advancing years could result in some savings. As a senior—some­ • For information on Low times as young as 50—you can now travel, eat out, go to the movies and Income and Assistance What can I do if I even visit national monuments at a cut-rate price. Just ask for the senior Programs, contact the discount and, in many cases, you will get one. California Public Utilities can’t afford to eat? Commission at www. Find a local nutrition program, If you are at least 62, you can get discounted rates for parking and camp­ ing facilities at CALIFORNIA STATE PARKS. The LIMITED USE GOLDEN cpuc.ca.gov which are usually located in senior centers. You and your spouse can get BEAR SENIOR STATE PARKS PASS entitles you and a spouse or domestic free hot meals as long as one of you is age partner free entry of one passenger vehicle during the non-peak season. 60 or older. Your local nutrition program may (PRC § 5011) Passes are available for a $20 annual fee at any state park or also provide transportation. If you are homebound, district office. For information, call 800-777-0369. you can have hot meals delivered to you. Your county’s Area Agency on Aging can provide you with information on local nutri­ At 62, you also qualify for an AMERICA THE BEAUTIFUL-NATIONAL tion sites (see Resources) and food banks. Counties also offer food stamp PARKS AND FEDERAL RECREATIONAL LANDS SENIOR PASS. This is programs (CalFresh) to help cover grocery bills. If you are on SSI/SSP, a lifetime entrance permit (after a $10 processing fee) to national parks, however, you would not qualify for such assistance. For more infor­ monuments, recreation areas and national wildlife refuges. It also pro­ mation on eligibility, call 800-952-5253 (choose Public Social Services vides a 50 percent discount on the use of certain facilities and services. Programs from the automated selection) or go to the Department of

sing fee) to national parks, however, you would not qualify for such assistance. For more infor­ monuments, recreation areas and national wildlife refuges. It also pro­ mation on eligibility, call 800-952-5253 (choose Public Social Services vides a 50 percent discount on the use of certain facilities and services. Programs from the automated selection) or go to the Department of For information, call 888-GOPARKS (467-2757), or visit www.nps.gov. Social Services website at www.dss.cahwnet.gov/foodstamps/ or call The pass can only be obtained in person at any national park, wildlife your local county social services or human services agency. refuge or forest, as well as certain other federal offices.

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s

against a prospective home buyer based on his or her age. (California tunities for post-foreclosure rental agreements that could keep you in Fair Employment and Housing Act, CC § 51.2; GC § 12955(d)) your home. If you live in a city with “just cause” protections, a foreclo­ sure generally would not be reason enough to evict you—even after the expiration of any lease. For information on tenants rights call TenantsCan my landlord evict me for any reason at all? Together at 888-495-8020. You have other rights as well. The new owner, for example, cannot If you have a long-term lease, your landlord cannot evict you dur­ change your locks without a court order or shut off your utilities. Ining the lease term unless you violate one of the lease provisions, such as light of a recent boom in real estate scams, you should verify the iden-failing to pay your rent. With a month-to-month lease, your landlord, in tity of anyone who approaches you claiming to be the new owner. Forgeneral, simply needs to give you 30 days’ notice, or 60 days’ notice if more information, go to www.foreclosureinfoca.org.you’ve lived in the rental for more than a year. In most cities, your land­ lord does not have to give a reason for evicting you. (CC § 1946.1) There are, however, exceptions. For example, your landlord cannot evict you Can I install grab bars, lower my countertops in retaliation for filing certain legal complaints. Nor can your landlord or make other needed modifications against mydiscriminate against you based on your age or various other personal characteristics. If you live in a mobile home park (CC § 798.55), it could landlord’s objections? be more difficult to evict you. In most cities with rent control ordinanc­ es, your landlord would have to have a “good cause” to evict you. Yes. You have the legal right to do so if you have a disability However, if you fail to pay rent, destroy or severely damage the and the modifications are necessary for your “full enjoyment of the property, use it for unlawful purposes (such as selling drugs), sub­ premises.” You may have to promise that you’ll return the apart­ stantially interfere with the rights of other tenants or violate any other ment to its original state when you move, but a landlord cannot provision in the lease, you could receive a written notice to move out in prohibit such changes. If he or she does, you can file a complaint three days. Landlords have been allowed since Jan. 1, 2012 to ban tobac­ with the state Department of Fair Employment and Housing or HUD. co smoking under new leases and rental agreements. (CC § 1947.5) For more information, call the Department of Consumer Affairs for a referral to a local tenants rights office or check the department’s web­ site for a list (see Resources). Consumer Affairs’ online publicationCan I stop the eviction if it will leave me California Tenants: A Guide to Residential Tenants’ and Landlords’ without a home? Rights and Responsibilities may be helpful. To get a free copy by mail, call 866-320-8652 or send your request to: California Tenants, c/o The fact that an eviction will leave you homeless is not a legal Department of Consumer Affairs, Policy and Publications Development defense. However, you cannot be kicked out of your home without Office, 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834. a court order issued by a judge. Even then, only a sheriff’s deputy or marshal can actually evict you. Your landlord cannot lock you out or shut off your utilities without going through a legal process. (CC § 789.3) For example, if you break HOUSING OPTIONSyour rental agreement by failing to pay your rent, your landlord could send you a three-day notice. If If you need to cut costs or would like some company, consider shared housing. Go you did not violate your rental agreement, the land­ to www.nationalsharedhousing.org to find a directory listing California “match-up” and lord could send you a 30-day notice (or a 60-day “group residence” programs. To find shared housing programs for low-income seniors, notice for long-term tenants). Then, after the notice contact your county welfare department. (HSC §§ 19902-19904; WIC § 17000) period is over, he or she could file an unlawful detainer seeking a court-ordered eviction. (CCP § 1161) A copy Check out a senior citizen housing development, which is generally restricted to must be delivered to you. Then you would have five seniors age 55 and older. Such developments are specially tailored to seniors and may days to oppose the eviction by filing a written answer offer useful services. (CC § 51.3) with the court. Seek legal help immediately. If you ignore an unlawful detainer, it could result in a default If you need assistance in your day-to-day life, you might look into senior housing in judgment authorizing immediate eviction. wh

specially tailored to seniors and may days to oppose the eviction by filing a written answer offer useful services. (CC § 51.3) with the court. Seek legal help immediately. If you ignore an unlawful detainer, it could result in a default If you need assistance in your day-to-day life, you might look into senior housing in judgment authorizing immediate eviction. which you pay a monthly fee for an apartment, communal meals, housekeeping and, in If you cannot afford the fee for filing an answer, some cases, transportation. Some facilities offer help with personal care as well. you can submit a form asking the court to waive it. If Another option is an assisted living facility—a licensed residential care facility (RCFE)you have very little income and cannot afford an attor­ for seniors 60 and older—which provides supervision and home-like, non-medical servic­ney, you may qualify for assistance from a local legal es (such as a room, meals, laundry, transportation and some assistance with daily activi­ aid society. (See Getting Legal Help.) ties). Such facilities must be licensed. (HSC § 1569.10) All advertisements and correspon­ Even if the court authorizes the eviction, you may dence must include the facility’s license number. The license must be posted in a promi­ have a last resort. You could file a petition for relief from nent place at the facility as well. (HSC §§ 1569.30, 1569.68, 1569.681) Such facilities are forfeiture. If the eviction would be harder on you than not licensed to care for anyone who is bedridden or who requires 24-hour nursing care. your continued residence would be on the landlord, the judge may allow you to stay put if you are able to Continuing care communities are monitored and regulated by the state Department of pay the rent. (CCP § 1179) Social Services (www.calccrc.ca.gov). They offer all levels of care. By contract, the provid­ You also could ask the judge to postpone the evic­ er promises to care for you as you age—sometimes for the rest of your life—in exchange tion to give you time to prepare an appeal or to find for an entrance fee and/or periodic charges. Before signing any contract, seek financial somewhere else to live. Judges often grant such a request and legal advice and carefully weigh the risks, benefits and costs. In addition, make sure if you pay all of the rent up to your departure date. For that you understand exactly what the facility is promising to do for you. (HSC §§ 1770 et more information, order a free copy of the State Bar pam­ seq) Entrance fees can range from $10,000 to $500,000, with additional monthly fees of phlet What Should I Know Before I Rent? (See Resources.) $2,000 or more.

To check the license of any facility that provides medical care, call the state Department of

Could I be evicted if my landlord loses Public Health licensing and certification program at 800-236-9747. To verify the license of my apartment in a foreclosure? a facility that does not provide medical care, call a local or regional California Department of Social Services Community Care Licensing office or visit www.ccld.ca.gov. Maybe. But keep in mind that you have certain rights and protections in such a situation. If you have See Finding a Caregiver or Nursing Home for living arrangements involving greater a lease, for example, federal law generally gives you assistance. For more information on your alternatives, you might contact the California the right to remain in your apartment until the end of Registry, which can provide you with a free list of assisted living, residential care or nursing that lease. The lease could only be terminated based home options based on your needs, budget and location. Check websites maintained by the U.S. Department of Housing and Urban Development (HUD), the state Departmenton a foreclosure if the new owner plans to move into of Public Health, the Administration on Aging and AARP. Your local Area Agency onyour apartment—and then you would be entitled to Aging may also be able to assist you. (See Resources.)a 90-day written notice. If your lease is expiring or is a month-to-month agreement, you now must receive The California Registry also provides a free list of assisted living, residential care or nursing a 90-day notice to vacate before eviction proceedings homes. For more information visit www.calregistry.com or call 800-777-7575. can begin. Also, if your property was foreclosed on by either Freddie Mac or Fannie Mae, there are new oppor­

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s Can a younger person live with me in an able in certain parts of the country. The participant pays the deduct­ ibles, co-payments and, in some cases, a monthly premium. Medicareage-restricted senior housing development? then pays the rest of the tab for covered services. It depends on your situation. Generally, the housing development’s The program has three components. Part A—referred to as hos­ minimum age for residency (at least 55) would not apply to a spouse or pital insurance—covers inpatient hospital care, some skilled nursing cohabitant, a family member who is caring for you, a hired caregiver or and home health care and hospice care. Part B—which in 2013 had a a person who provides you with “primary physical or economic sup­ $104.90 to $335.70 monthly premium—helps pay for additional servic­ port.” There are other exceptions as well. (CC § 51.3) es. (It may cover physical and occupational therapy, for example, and some medically necessary home health care.) Part D launched in 2006 Can my landlord prohibit me from keeping a pet? to provide prescription drug coverage. If you have very little income or currently receive certain other government benefits, you may qualify No, not if you are over 60 and live in rented housing owned or for greater help with your prescription drug bills. operated by the state, city or county. State law allows you to keep up to Under Part D, all Medicare beneficiaries now qualify for prescrip­ two pets. (HSC § 19901) Federal law also allows seniors and disabled tion drug coverage. As a beneficiary, you can choose from a variety of people living in federally assisted rental units to keep pets. (This does Medicare-approved prescription drug plans. Keep in mind that these not apply to private landlords.) private insurance plans vary—in their premiums, deductibles, co- Also, if you live in a mobile home park, you cannot be charged payments and lists of covered prescription drugs. You might choose to a fee for keeping a pet unless the park actually provides special enroll in a Medicare Advantage Plan that covers physician and hospital services or facilities for pets. (CC § 798.33) care as well as prescription drugs. Before enrolling in any plan, make sure it meets your particular needs. You may not need to enroll at all. You may already have aIf I need to be hospitalized for an extended Medicare-approved prescription drug plan through Veterans Affairs period, can I rent out my mobile home? or your employer, former employer, union or existing Medicare Advantage Plan. (If you are uncertain, contact your benefits advi­ Yes. If your doctor confirms (in writing) that you will be away sor for guidance.) For more personalized assistance, go to Medicare’s from home for medical treatment, the mobile home park management website, contact a Medicare representative or seek assistance from a must allow you to rent out your home or sublet the space for up to 12 HICAP counselor (see Resources). months—as long as certain criteria are met. (CC § 798.23.5) For a copy of California’s Mobilehome Residency Law, visit www.hcd.ca.gov (go What is Medigap? to Quick Links, the Office of the Mobilehome Ombudsman) or call the Office of the Mobilehome Ombudsman at 800-952-5275. It is supplemental health insurance that can help pay some of the expenses that are not covered by Original Medicare. For example, itObtaining may cover co-payments or some additional costs for a prolonged stay in a skilled nursing facility. Medigap does not, however, offer prescrip­ tion drug coverage. Medicare handles such coverage. If you have a Health Care Medicare Advantage plan, you do not need Medigap. Under the new an Affordable Care Act, you do not have to purchase a Medigap policy. d Benefits It is important to carefully consider your particular situation in deciding whether this supplemental insurance is worth the extra expense. Seek out the advice of a HICAP counselor or requestHow can I find out more about my various a copy of Medicare’s publication, Choosing a Medigap health care options? Policy: A Guide to Health Insurance for People with Medicare. Call California’s Health Insurance Counseling and Advocacy Program (HICAP) for counseling. HICAP is a network of community- How is Medi-Cal different from based programs that provide free education, counseling

Policy: A Guide to Health Insurance for People with Medicare.

Call California’s Health Insurance Counseling and Advocacy

Program (HICAP) for counseling. HICAP is a network of community- How is Medi-Cal different from based programs that provide free education, counseling and Medicare?aid about Medicare and related health and prescription drug insurance coverage (call 800-434-0222). Additional resources include: Medicare, Unlike Medicare, Medi-Cal is a healththe California Department of Insurance and your local Area Agency on insurance program based on need. It paysAging. (See Resources.) If you have questions or complaints about your for the health care of seniors who areHMO, contact the state Department of Managed Health Care HMO at least 65 and who have very limitedHelp Center at 888-466-2219 (www.hmohelp.ca.gov). resources and income. (If you receive Supplemental Security Income, you auto­ Can I get health insurance after my retirement? matically qualify for Medi-Cal benefits.) But even if you do not meet the strict You may be entitled, by law, to continued coverage under your financial need requirements, you could employer’s group health insurance plan for a short period of time. still qualify for Medi-Cal benefits if you Some employers actually maintain health insurance for their retired are at least 65, blind or disabled, and have employees. As a senior you have other options. Medicare, Medigap very little money or property. In such a case, policies, health maintenance organizations (HMOs), Medi-Cal or however, you might have to pay a portion veterans’ benefits may help cover your medical expenses. of your medical expenses yourself as a “share On March 23, 2010, the federal Patient Protection and of the cost.” Medi-Cal covers doctor visits, lab Affordable Care Act became law. It requires most people to have tests, prescription drugs and long-term care. For health insurance by 2014 and helps defray costs for those with more information on Medi-Cal eligibility and benefits, moderate or low income. The act guarantees an annual wellness call your local Area Agency on Aging or your county social visit for people in traditional Medicare programs and requires pre­ services agency. For information, contact the Department of Managed ventive care such as flu shots, mammograms and cancer screenings. Health Care at 800-430-4263. For information call the state’s Health Insurance Counseling and Advocacy Program at 800-434-0222 or go to www.medicare.gov. As a veteran, am I entitled to additional health benefits? What is Medicare? Probably. You may be eligible for health care services at more Medicare is a federal health insurance program that covers Social than 50 medical centers and clinics throughout the state. Depending Security recipients who are at least 65 years old or who are younger, on your household income and net worth, you may pay just $15 to but have disabilities such as kidney failure. Income level and assets see a primary care doctor and $50 to see a specialist. Your medicine have no bearing on an individual’s eligibility for coverage. could cost no more than $8 per prescription and you may be entitled Generally, Medicare participants may choose between the Original to dental care. For information, call the U.S. Department of Veterans Medicare Plan, a Medicare Advantage Plan (sometimes called Part C— Affairs (see Resources) or the California Office of Patient Advocates at an HMO or PPO), a special needs plan, a private fee-for-service plan 800-430-4263. and, in some instances, other Medicare health plans that are only avail­

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s Do I need long-term care insurance? What is a living will? It depends on your health, resources and arrangements for The term “living will” is used to describe a legal document that future care. There may come a time when you need daily or round- states an individual does not want life-sustaining treatment if he or she the-clock help with bathing, dressing and preparing meals. Such is terminally ill or permanently unconscious. It should not be confused care can create serious financial strain on you and your loved ones. with a will or a living trust, which serve different purposes. In 2000, Medicare covers nursing facility and home health care but only if the advance health care directive became California’s legally rec­ it is skilled care, medically necessary and for a limited period of ognized format for a living will. It is more flexible than a time. But long-term care insurance covers custodial care. It may traditional living will, allowing individuals to give vari­ cover home health care, adult day care, nursing home care, the ous health care instructions in advance and appoint cost of an assisted living facility and respite care. someone who will make his or her health care Before investing in this type of policy, consider your circumstanc­ decisions if necessary. es and seek free counseling from HICAP. Ask about the California The advance health care directive also Partnership for Long-Term Care insurance designed for low and mid­ replaced the durable power of attorney for health dle-income Californians. To locate a local HICAP counselor, call the care (DPAHC). However, if you already California Department of Aging. (See Resources.) executed a DPAHC and it has not expired, it would still be valid. Or, if you previously executed a Natural Death Act Declaration Planning (California’s old format for a living will), that, too, would still be valid. You do not Ahead need to replace it with the more com­ You can only stay in charge of your future affairs if you plan prehensive advance health care directive ahead. Tax laws allow you to build a retirement nest egg in spe­ unless you choose to do so. cial tax-deferred accounts. The law allows you to prepare written instructions regarding medical treatment in case you become inca­ Can I be barred from handling pacitated. It allows you to appoint someone to make decisions for my own affairs for any rea­you if it ever becomes necessary. It allows you to decide who will inherit your property someday. But the right to have your wishes son? carried out later is worthless unless you act now—while you still can. Yes. To consent to medical treatment or make a How can I help ensure that my affairs will be legal contract, for example, you must be able to understand the nature and consequences of your actions. The law refers tohandled my way if I become incapacitated? this as having sufficient capacity. (CC § 38; Prob. §§ 811-813) If you lose such capacity, the agent named in your durable power of attorney may You can take certain legal steps. A power of attorney is a written legal step in on your behalf. If you haven’t made such arrangements, the courtdocument that gives another person the right and authority to act on may appoint a conservator.your behalf. (Prob. § 4022) That authority will end if you become inca­ pacitated—unless you have a durable power of attorney. A durable power of attorney will remain in effect if you ever become incapacitated. (Prob. What is a conservator? § 4124) This means that if you were suddenly unable to handle your own affairs, someone you trust—your legal agent or attorney-in-fact— A conservator is someone authorized by the court to manage your could do so for you. Or you might choose to set up a springing power of affairs. A conservator may be appointed if you become unable to make attorney, which would only become effective at a specified future date or sound decisions, feed or dress yourself, handle your own finances or event, such as if you were to become incapacitated. (Prob. § 4030) resist undue influence. (Prob. §§ 1800-1804) Conservators may be fam­ You can authorize your agent to simply pay your bills. This is usu­ ily members, friends or, in some cases, the county public guardian. But, ally a safer arrangement than adding someone else’s name to your bank unlike an agent with a durable power of attorney, a cons

re to become incapacitated. (Prob. § 4030) resist undue influence. (Prob. §§ 1800-1804) Conservators may be fam­ You can authorize your agent to simply pay your bills. This is usu­ ily members, friends or, in some cases, the county public guardian. But, ally a safer arrangement than adding someone else’s name to your bank unlike an agent with a durable power of attorney, a conservator will account. Or you can empower your agent to handle nearly all of your receive court supervision in the handling of your affairs. (Prob. § 1851.5) affairs. Your agent, however, cannot take anything of yours as a “gift” You should be aware that a conservatorship can be expensive. (If you without your specific written authorization. (Prob. § 4128) These powers receive SSI/SSP or certain other government benefits, you could qualify of attorney all expire when you die. (CC § 2357; Prob. § 4152) Make sure to have the court fee waived.) that you understand all of the terms before signing a power of attorney. You can nominate your own conservator in an advance health care Be absolutely certain that your chosen agent is both capable and trust­ directive for a judge’s future consideration. (Prob. § 4672) Even worthy. Seniors have lost their life savings to unscrupulous agents— after a petition for conservatorship has been filed, you can even to agents who are family members. nominate your own conservator if you have sufficient With an advance health care directive, you can designate someone to capacity to do so. (Prob. § 1810) If someone seeks to make medical decisions for you in the event that you become unable have a conservator appointed for you, you must to do so for yourself. (Prob. §§ 4605, 4629, 4682) You could name an be notified and may oppose the conservator­ alternate agent as a backup. And you can include instructions regard­ ship in a court hearing. (Prob. § 1828) ing your future medical care, such as life-support treatment. Simply fill out the available printed form. It must be notarized or witnessed by Do I need a will? two qualified individuals. (You can revoke the directive at any time, as long as you are still competent.) Give copies to your health care agent, Yes. You need a will if you want any alternate agent, doctor, health plan representatives and family. And if control over who will inherit your prop­ you are admitted to a hospital or nursing home, take a copy with you. erty. Even if you own very little, you can Consider registering your directive with California’s Secretary of State earmark a particular piece of jewelry or as well. By doing so, health care providers and other authorized indi­ a cash gift for a person or charity of your viduals may be able to obtain information from your directive in an choosing. You can nominate guardians emergency if your agents or family members cannot be reached. (Prob. for your young children. You can express §§ 4800-4806) To obtain an advance health care directive kit (in your funeral and burial wishes. You may English or Spanish) for $6, call the California Medical Association name an executor to carry out your wishes. at 800-882-1262 (www.cmanet.org) or find one on the state Office The executor, who must be officially appoint­ of the Attorney General’s website (www.oag.ca.gov). ed as your personal representative by a judge, You may also consider completing a Physician Orders for Life- will collect and manage your assets, pay off Sustaining Treatment (POLST) form if you are terminally ill or in frail debts and distribute your property. (Prob. §§ 58, health. Signed by your physician, this new form (effective in 2009) 6101, 8400-8402, 8802, 9050) allows you to give specific end-of-life treatment instructions regarding, Your will may be handwritten, or you can fill out for example, your pain management, cardiopulmonary resuscitation, a California Statutory Will. This may be useful if you have feeding procedures and other medical interventions. It has the force of very few assets. (This form can be printed out from the State Bar a physician’s medical order and remains with the patient wherever he website. Go to www.calbar.ca.gov, then Public Services and Making a or she receives care. It does not, however, replace the traditional advance Simple Will.) directive, which includes other instructions. (Prob. §§ 4780-4785) For However, your will must meet strict requirements to be valid, and more information, talk to your doctor or go to www.coalitionccc.org. it should be kept up-to-date. If you do decide to revise it, do not make

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s your changes on the original. You can amend your will with a sepa­ Will my beneficiaries’ inheritance be taxed? rate legal document referred to as a codicil. You may want to consult an attorney before creating or changing such an important document. It depends on the circumstances. Property left to your spouse or a (Prob. §§ 6110, 6111, 6221, 6226) charity will not be subject to estate tax. The portion of the estate that is If you die without a will (referred to as intestacy), your property left to anyone else—even your children—will be taxed if your assets will go to your spouse, registered domestic partner, chil­ total more than $5.25 million in 2012. (IRS form 706, Pub. 950) dren or next of kin, according to California’s intestate Under federal law, you could also give away as much as $14,000 succession laws. (Prob. § 6401) If you don’t have in 2013—and $5.25 million during your lifetime—to each of your a spouse, domestic partner or child, or your children or to anyone else without incurring gift tax. Actual amounts SAVE FOR next of kin cannot be located, your prop­ are subject to change. In addition, you could pay your grandchild’s RETIREMENT erty will go to the state. (Prob. §§ 6800, college tuition or medical insurance premiums (or anyone’s tuition 11900-11904) or medical bills, for that matter) free of gift tax—but only if the pay­ Consider depositing your ments are made directly to the educational institution or medical earnings (up to $5,500 in 2013) provider. (IRS form 709) For information on estate tax and other gift How will my propertyinto a tax-deferred Individual tax exemptions, contact an estate planning attorney, or, call the IRS or Retirement Account (IRA) up to be distributed after state Controller’s Office. (See Resources.) age 70-1/2. If you are 50 or older, my death? you can contribute $6,500 in 2013 Can I just leave my savings in a bank or your taxable earnings for the year, If you have a will, the account for later use?whichever is less. (IRS Pub. 590) executor named in your will starts the process by No, not for more than three years—unless you deposit or with­ Check out a non-traditional Roth IRA. filing a petition in court draw funds or contact the bank. If an account or safe deposit box sitsIf your annual adjusted gross income was and seeking appoint­ dormant for that long without any activity, the funds or contents willbetween $112,000 and $127,000 in 2013 ment as your personal be turned over to the state. (This would not apply if you have another(between $178000 and $183,000 for a mar­ representative. Your active account at the same bank or financial institution.) Before trans­ried couple), you may qualify for such an personal representa­ ferring the funds, the bank must send a notice to your last knownaccount. Taxes are not deferred, but distribu­ tive will take charge of address. (CCP §§ 1510-1521) To reclaim such funds or property, go totions will be tax-free. (RTC § 17507.6; IRS your assets, pay your www.claimit.ca.gov or contact the Bureau of Unclaimed Property in debts and distributePub. 590) the State Controller’s Office. (See Resources.) Some 7.5 million notices the rest of your estate were sent out between January 2007 and March 2012 urging owners to to your beneficiaries. Find out if your employer offers a tax- reclaim their state-held valuables. This court processdeferred investment savings plan, such as a In 2010, Congress increased the insurance coverage at Federal is known as probate.401(k). In general, employees can set aside a Deposit Insurance Corp.-insured banks and savings institutions and If you do not have aportion of their earnings, up to $17,500 for federally insured credit unions to $250,000 per depositor. If you have will, a relative or other2013. As part of a “catch-up” plan, you can more in savings, you might consider dividing it up among different interested person cangenerally put away $6,000 more if you are types of accounts (putting some away in a payable-on-death account, start the process.50 or ol

ch-up” plan, you can more in savings, you might consider dividing it up among different interested person cangenerally put away $6,000 more if you are types of accounts (putting some away in a payable-on-death account, start the process.50 or older. for example, in which each beneficiary is insured up to $250,000) or split­ Simpler procedures ting it up among various FDIC-insured institutions. For more detailed are available for trans­ information and online guides, go to the FDIC website (www.fdic.gov). Ask about your company’s pension ferring property to a You can request free copies of FDIC pamphlets by calling 877-275-3342.plan. Most pension plans include a survi­ spouse or if the estate To see if your bank or credit union accounts are insured, check FDIC’svor’s pension. Contact your pension amounts to less than website or call 877-ASK-FDIC.plan administrator. For general $150,000. (Prob. §§ 13100- information, call the Department of 13116, 13540-13545) Labor’s Employee Benefits Dealing withSecurity Administration at Does a will cover 866-444-EBSA (444-3272) or Debt everything I own?visit www.dol.gov/ebsa (go to pension plans). Check the unmanageable now that you are living on a fixed or more limited No. Generally a will does notPension Benefit Guaranty income. Maybe the unexpected costs of medical treatment or prescrip­ control the distribution of life insuranceCorp. website (www. tion drugs have pushed you to the brink, or maybe you’re facing the proceeds, retirement plan assets, certainpbgc.gov). foreclosure of your home in tough times. How you deal with the situa­ jointly owned assets, “transfer on death” or tion will depend on your particular circumstances. “pay on death” accounts and the assets of revo­ cable living trusts. (Prob. §§ 5000 et seq) For more What should I do if I am having trouble information on wills and estate planning, order free cop­ paying my bills? ies of the State Bar’s consumer education pamphlets Do I Need a Will? and Do I Need Estate Planning? (See Resources.) You could contact your creditors and ask for more time to make payments. It might help to call a credit and debt counseling agency as What is a revocable living trust? well. Check with the California Department of Corporations to find out the agency is licensed by calling 800-275-2677 or contact the Better Business Bureau (www.bbb.org). If you wind up filing for bankrupt­ It is a partial substitute for a will. With a living trust, your assets cy, you will be required to get counseling from an agency approved byare put into the trust during your lifetime and transferred to your the U.S. Trustee Program. (See bankrupcty question on the next page.)beneficiaries when you die. Most people name themselves as the Be cautious about obtaining a debt consolidation loan to pay offtrustee who manages the assets. This allows you to remain in control your debts. If the interest is too high, you could wind up with an evenof the living trust assets during your lifetime. You also can revoke bigger problem. If you do get a loan, make sure that the financial state­or change your living trust. One advantage of a living trust is that ments turned over to the lender are true and complete. For informationthe assets do not go through probate, and the distribution process on credit and loans, go to www.ftc.gov/credit or call 877-FTC-HELP.often takes less time. (Prob. §§ 15000 et seq) A revocable living trust, however, does not remove all need for a What will happen if I simply don’twill. Generally, you would still need a will—known as a pour-over will— to cover any assets that are not included in the trust. pay my debts? Also, be aware that a living trust is not appropriate for everyone. Whether it is the best option for you will depend on your particular cir­ If you signed an agreement putting the property up for collateral— cumstances. Watch out for unqualified “advisers” who sell living trusts securing the debt—when you bought it, the creditor could repossess

he trust. pay my debts? Also, be aware that a living trust is not appropriate for everyone. Whether it is the best option for you will depend on your particular cir­ If you signed an agreement putting the property up for collateral— cumstances. Watch out for unqualified “advisers” who sell living trusts securing the debt—when you bought it, the creditor could repossess in “trust mill” scams and who seek to obtain seniors’ private financial the item. But even in the case of unsecured purchases (purchases made information for other purposes as well. (See Avoiding Consumer Scams.) with credit cards, for example) the creditor can obtain a court judgment The free State Bar pamphlet Do I Need a Living Trust? can in which property can be repossessed, your wages attached and your provide you with more detailed information (see Resources). And before bank accounts seized. (CCP §§ 487.010-487.030, 706.050) In addition, if creating such a trust, you should seek advice from a qualified estate you own a home, a lien could be placed on your property for an unpaid planning attorney. (See Getting Legal Help.) debt. You may, however, be able to file a claim of exemption for your

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s home. In addition, if you have very little income or assets, you may be Can I lose my home if I fall behind in my judgment-proof, in which case your creditors may not take further legal mortgage payments?action. For more information on handling debt, get a free copy of Yes. However, you may be able to work out a plan with the lenderthe State Bar pamphlet What Can I Do if I Can’t Pay My to lower payments or even suspend them temporarily. You may beDebts? (See Resources.) able to refinance your home with an affordable, government-backed mortgage, and in light of the recent home mortgage crisis, other optionsShould I file for bankruptcy if I may soon be available. But you must take action immediately. Do not cannot pay my debts? ignore notices from your lender saying you are in default on your pay­ ments. The lender could foreclose and sell your home in just months. It depends. If you have few assets and little Under the new California Howeowner Bill of Rights, if you are eligible or no income, bankruptcy may not be your and have completed a loan modification, the foreclosure process must best option. It will seriously damage your stop while the lender reviews your application. (CC § 2923.5) Call your credit for 10 years and will not necessar­ mortgage company and contact HUD at 800-569-4287 for a referral ily wipe out your debt. For seniors with to a free counseling agency that can help you find a solution. Call the greater assets and income, however, filing Homeowner’s Hope 24-hour hotline at 888-995-HOPE. for bankruptcy might make sense if your Be cautious in your search for help. Avoid falling victim to a loan creditors will not agree to an extended modification scam. Recently, California has seen an explosion of such payment schedule. Seek an attorney’s scams. It may start with a call or knock at the door and an offer to rene­ advice before making such a decision. gotiate your loan—for an upfront fee. You may be told to avoid contact­ There are two types of personal bank­ ing your lender. Then, while little or nothing is done to modify your ruptcy: Chapter 13 and Chapter 7. In general, loan, you unwittingly lose precious time and slip closer to foreclosure. if you have a steady income, Chapter 13 allows Foreclosure consultants and mortgage servicers are, by federal you to stop most debt collection in exchange for and state law, prohibited from collecting fees upfront and asking a promise to pay your available funds to creditors the homeowner to sign any wage assignment, real or personal prop­ as part of a three-to-five-year repayment plan. With a erty lien or power of attorney. (CC § 2920.5, 2944.7, 2945 et al) Look repayment plan, you may be able to keep certain proper­ out for other foreclosure rescue scams. For example, you could wind up ty—such as your car or home—even if it was used to secure paying a high fee for a “forensic loan audit” to help prevent your fore­ a loan. If you fulfill your obligation, most remaining debt would be closure—and then receive no service at all. canceled at the end of the repayment period. Some seniors face foreclosure because a predatory lender has lured Under Chapter 7, however, you ask the bankruptcy court to cancel them into a home equity loan that they cannot possibly repay. The most of your debts because you don’t have enough money or property interest rate and fees may be much higher than those of a standard to pay them off. (To qualify for a Chapter 7 plan, you would have to loan, may require a large “balloon” payment at some point or may meet specific criteria related to your income and future ability to pay.) be illegal. The lender may avoid explaining the loan’s terms or offer Certain assets would be sold to help pay off your creditors. With this misleading information (seeking, instead, to take advantage of the type of bankruptcy, you generally would not be able to keep property senior who could be facing a cash crunch). Seniors—who may have that was used as collateral for a loan. little income but greater equity in their homes than many younger Before filing for either type of bankruptcy, however, you will homeowners—are primary targets in this type of scam. If you fall need to undergo credit counseling from a U.S. Trustee Office- behind in your payments, take action immediately. For more guidance, approved agency. Before your bankruptcy case ends, you would have go to www.foreclosureinfoca.org, www.hud.gov, www.995hope.org to complete personal financial management counseling as well. For (888-995-HOPE) or www.oag.ca.gov. You can also contact the Federal lists of approved counselors, visit www.justice.gov/ust (go to Credit Trade Commission at 877-FTC-HELP or www.ftc.gov, or the Consumer Counseling and Debtor Education).

ends, you would have go to www.foreclosureinfoca.org, www.hud.gov, www.995hope.org to complete personal financial management counseling as well. For (888-995-HOPE) or www.oag.ca.gov. You can also contact the Federal lists of approved counselors, visit www.justice.gov/ust (go to Credit Trade Commission at 877-FTC-HELP or www.ftc.gov, or the Consumer Counseling and Debtor Education). Financial Protection Bureau. (See Resources.)

Is there anything I can STAYING ON THEdo to stop bill collectors from hounding me? JOB Yes. The law sets some boundaries for bill collectors. For example, with debts involving car loans, medical care or charge accounts, such collectors cannot contact In the face of soaring health care you before 8 a.m. or after 9 p.m. without costs, a troubled economy and shrinking retirement plans, many your permission. Generally, they cannot seniors in recent years have migrated back to the workplace—or contact you—or someone else—at work simply stayed on the job. regarding the debt. Nor can they harass, The number of workers between the age of 65 and 74 increased threaten or mislead you with lies, and they 30 percent between 1990 and 2010. Those aged 75 and older must identify themselves when they call. In increased 39 percent. With America’s baby boomers just entering addition, bill collectors must include “debt­ their mid-60s, experts say, the trend is just beginning. ors rights” information with their first written notice to the debtor. (CC §§ 1788 et seq, 1812.700) For information or to file a complaint, contact the Can I be turned down for a job or a workFederal Trade Commission at 877-FTC-HELP or www.ftc.gov. training program because of my age? No. An employer cannot fire you, deny you a job or discrimi­If I am receiving Social Security income, nate against you simply because you are over 40 (the federal Age can my creditors get ahold of it? Discrimination in Employment Act and California Fair Employment and Housing Act). Nor can an employer turn you down for a training No. In general, your Social Security income is protected from credi­ program or educational benefit simply because you are over 40. tors. It may be even easier to protect such income if you have your (GC §§ 12920, 12940) checks deposited directly into your bank account. Social Security If you experience such discrimination, you can contact the California income can, however, be garnished for court-ordered child support, Department of Fair Employment and Housing or your local Equal alimony or unpaid federal taxes. Employment Opportunity Commission office. (See Resources.)

Mobile devices and driving: It is illegal to use cell phones and other mobile devices while driving unless it is set up for hands-free use or if you are making an emergency call (to law enforcement, for example). Nor can you use any mobile device to write, send or read text mes- sages, except to select a name or phone number to make a call. (VC §§ 12810.3, 23123-23123.5)

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s Will I lose my Social Security benefits if I in your area, you could check with your local senior center or call 916-229-3127. For additional information geared for seniors, visit thestay on the job or go back to work? DMV’s website at www.dmv.ca.gov (click on the menu at the bottom “How do I ...” and choose Get Information for Seniors). There are also No, not if you have reached full retirement age--66 or 67, depend­ resources that can help you evaluate your own—or an elderly par­ing on your birthdate. If you do without Social Security benefits until ent’s—driving skills. See the DMV publication, “Senior Guide for Safeage 70, you will receive a larger monthly benefit check, regardless Driving,” or visit the AAA Foundation for Traffic Safety’sof any additional earnings. However, if you collect Social Security website at www.aaafoundation.org/quizzes. Checkpayments before you reach full retirement age and earn additional out the resources at www.seniordrivers.org (suchincome, your benefits will be reduced if your earnings exceed a as AAA’s “Roadwise Review”) and learn a fewcertain amount. warning signs for when to limit or stop driving. For more information, you should contact your local Social Security Administration office. What is a DMV medical Getting information card? Around It is an adhesive-backed card, available through the DMV, that can be attached to the back of your driver’s license. The Simply getting around, too, can be a fill-in-the-blanks card can be used tochallenge in your senior years. Studies show that seniors (age 65 and identify your blood type, allergies, pastolder) actually cause fewer auto accidents than the youngest driv­ or present medical problems, medica­ers (ages 18 through 25). But if an accident occurs, the older driver is tions and information on how to reachat much greater risk of serious injury or death. According to a Rand your doctor and other contact person instudy, seniors are nearly seven times more likely than younger drivers an emergency. (VC § 12811.1)to be killed in a two-car accident. While your age alone is not reason enough to limit or take away your driver’s license, you can lose your driving rights based on traffic violations, failed written or driving tests, Are there any special poor vision or various other medical conditions. accommodations for me if I am disabled or unable to drive?Are the driving requirements different for seniors? If a physician certifies you as disabled, you can qualify for a special parking placard. The placard allows you to park in No. But when you reach age 70, you can no longer renew your specially marked, more accessible parking spaces. In addition, you license by mail. (VC § 12814.5(c)) The Department of Motor Vehicles do not have to pay the parking meter. (VC §§ 22511.5, 22511.55) (DMV) can request a doctor’s approval. You may not receive a license Cities may also adopt ordinances permitting individuals who are if your corrected vision is 20/200 or worse in your best eye. (VC § physically disabled or age 50 or older to travel on sidewalks via electric 12805(b)) The DMV also can refuse to issue or renew your driver’s cart. A permit and identification sticker is required. (VC § 21114.5) license if you are an alcoholic or addicted to certain drugs, have had In addition, communities provide various means of assistance for lapses of consciousness within the past three years or marked confu­ those who cannot drive or use public transportation. Contact your sion or any physical or mental disorder that could affect the safety of county’s Area Agency on Aging or a local senior center and ask about your driving. (VC § 12806) transportation services for seniors. Some communities provide free In addition, if a doctor diagnoses Alzheimer’s disease or cer­ rides solely to seniors who are disabled, while others offer services to all ta

der that could affect the safety of county’s Area Agency on Aging or a local senior center and ask about your driving. (VC § 12806) transportation services for seniors. Some communities provide free In addition, if a doctor diagnoses Alzheimer’s disease or cer­ rides solely to seniors who are disabled, while others offer services to all tain other conditions linked to lapses of consciousness, he or she is seniors. In some communities, special vans make scheduled trips to gro­ required to notify the local health office. In turn, the health office cery stores, shopping malls and senior centers. In others, taxi vouchers must contact the DMV. (HSC § 103900(b)) help seniors keep their doctor appointments. If you are no longer able to drive, keep in mind that you will prob­ ably need another form of identification once your driver’s licenseCan I be reported for unsafe driving? expires or is revoked. If you are 62 or older, the DMV will issue you a free senior citizen ID card that will be valid for 10 years and can be Yes. Anyone can fill out a DMV Request for Driver renewed. (VC §§ 13000-13008) If you cannot drive because of a physicalReexamination (Form DS 699) to flag an unsafe driver. or mental condition, you can exchange your valid driver’s license for aOfficials try to keep the reporter’s name confiden­ DMV-issued ID card free of charge.tial. (VC §§ 1808.5) HANDLINGCan the DMV simply limit my driving rights rather than ELDER ABUSErevoke my license? As many as one in seven seniors nationwide experiences elder Yes. The DMV may, for safety abuse—usually at the hands of a family member. Some wind up reasons, issue a driver’s license for a bruised and battered, or dehydrated and neglected in their ownshorter period of time than the terms beds. Others end up penniless, victims of a relative’s greed. Someof a regular license. (VC § 12508) Or, even lose their homes. Yet most elder abuse still goes unreported.depending on your ability, you may Your caregiver may be stealing from you, beating you or simplyqualify for a restricted license that only leaving you stranded in your own room. You may be afraid of whatpermits you to drive during daylight will happen if you tell someone. But help is available. Turn yourhours, for example, or on city streets (not situation around before it gets worse.highways or freeways), or within 20 miles of your home. What is elder abuse? Are there any refresher It is the neglect, exploitation or “painful or harmful” mistreatment of anyone who is 65 or older (or who falls under the legal definitionprograms to help me improve my of a “dependent” adult aged 18-64). It might be physical violence, driving skills? psychological abuse, isolation or a caregiver’s neglect. It could be identity theft (see Avoiding Consumer Scams), or the theft or embezzle­ Mature driver education courses are available for drivers who are ment of a senior’s property. (PC § 368; WIC §§ 15610.23, 15610.27) 55 years old or older. And senior drivers who complete such a course In short, elder abuse involves various crimes, such as theft, that can can get a discount on their car insurance for three years. (VC § 1675) strike younger victims as well. However, criminals face stiffer penalties For the location of a “Mature Driving Improvement Program” when their victims are 65 years old or older.

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s What should I do if I suspect someone grounds, education levels and income brackets. If a victim of domestic violence is age 65 or older, however, the case may beis abusing or exploiting an elderly friend? handled as elder abuse. If you suspect abuse or exploitation is occurring in your friend’s home, call your local Adult Protective Services (APS) agency. (Check What can I do to protect myself from an your county phone listings or ask your Area Agency on Aging for abusive caregiver or spouse?the number.) Your report will be confidential and you can remain anonymous. If you suspect abuse in a licensed long-term care facil­ If you are in immediate danger, call 911.ity, such as an assisted living or nursing home, contact your local When the police arrive, explain what hap­long-term care Ombudsman at 800-231-4024. (WIC §§ 9700 et seq, types of pened. In both elder abuse and domestic15631) You can also contact local law enforcement. (WIC §15631) elder abuse violence cases, the officers can contact To report elder abuse of any kind, call the state Office of the an on-call judicial officer and issueAttorney General’s Bureau of Medi-Cal Fraud and Elder Abuse you an Emergency Protective OrderHotline at 800-722-0432 or your local district attorney’s office. Abandonment (also called an EPO) immedi­ For more information, order a complimentary copy of the State Bar (WIC § 15610.05) ately. This legally prohibitspamphlet What Should I Know About Elder Abuse? (see Resources). the abuser from comingYou could also order A Citizen’s Guide to Preventing & Reporting False imprisonment near you. EmergencyElder Abuse, produced by the state Attorney General’s office. For a free (PC §§ 236, 368(f)) orders can also apply tocopy of this guide, write to: The Office of the Attorney General, 1425 any other named mem­River Park Dr., Suite 300, Sacramento, CA 95815. Visit www.oag.ca.gov Financial abuse bers of the household.)for an online version (go to Publications and Elder Abuse). For examples of some types of financial The EPO will remain abuse, see Avoiding Consumer Scams. in effect for five court Am I required to report suspected elder abuse? (WIC § 15610.30) days or seven calen­ dar days. You could Yes, if you are responsible—with or without pay—for tak­ Isolation also seek a Temporary ing care of an elder or dependent adult. Other mandated reporters (WIC § 15610.43) Restraining Order include: administrators, supervisors and licensed staff of facilities (called a TRO). Just fill providing care and services to the elderly; Adult Protective Services Neglect out the forms at your employees; physicians; police officers; and clergymen. If a mandated (WIC § 15610.57) local court. A TRO reporter fails to report suspected abuse, he or she could be charged goes into effect when it with a misdemeanor. (WIC § 15630) In addition, financial institution Physical abuse is signed by a judge and employees must report any suspected financial abuse of elders as This includes the unauthorized use of delivered to the abuser. well—or risk facing civil penalties. chemical restraint or psychotropic medi­ It may be made “perma­ cation. (WIC § 15610.63) nent,” which means it will be good for up to five yearsIs there anyone who will check on my elderly Psychological abuse and can be renewed. (WIC § father’s well-being for me? Mental suffering 15657.03; FC § 6250(d); CCP §

be good for up to five yearsIs there anyone who will check on my elderly Psychological abuse and can be renewed. (WIC §

father’s well-being for me? Mental suffering 15657.03; FC § 6250(d); CCP § (WIC § 15610.53) 527) Yes. If you are worried about a parent or elderly loved one who Although a restraining order lives in another community, you can contact the local law may help protect you, it does not elimi­ enforcement agency in his or her community and nate the risk of future violence. request a well-being check. Restraining orders also may be obtained in elder abuse cases in which a senior has suffered physi­ Examples cally or mentally from financial abuse or neglect. What will happen if some­ of Abuse In cases of domestic violence, state law allows victims to keep one finds out that my their addresses confidential through the state’s Safe at Home pro­ Your caregiver or a gram. This means that your home address need not appear on grown child is hurting “new friend” pressures you to court papers or other official documents. For more information, call me? 877-322-5227. And to locate a local shelter or counseling, call the sign a power of attorney so that he can handle your affairs for National Domestic Violence 24-hour hotline at 800-799-7233 It depends on the (800-787-3224 for TTY). Another resource is the State Bar pamphlet you—and then sells your home for abuse. But if you are being Can the Law Help Protect Me from Domestic Violence? (To order a the cash. mistreated in any way, copy, see Resources for contact information.) you need help, and your Malnourished and covered with child needs help as well. bedsores, you lie stranded in your Avoiding Call your local Adult own bedroom while your live-in Protective Services son is busy emptying your office and explain your bank accounts. situation. An APS social Consumer worker can meet with A home repairman persuades you privately and help you to pay cash on the spot for a Americans lose tens of bil­ ensure that you are safe. Scams “great” home improvement deal— lions a year in telemarketing fraud (WIC § 15762) and then fails to do any work. and in Internet scams. The victims are often seniors, who are often approached through mail, telephone, e-mail or at their front door. You forget to take your Is domestic violence Know your rights and how you might be vulnerable. As the old adage goes: If it seems too good to be true, it probably is. medication and a nursing the same as elder home staff member slaps Charitable donation or health care scams: Watch out for fake chari- abuse? you in the face. ties or people who say they need to verify personal information over the phone. Anyone soliciting funds for charitable purposes must register No, and different laws apply to with the state Attorney General’s office. (BPC § 17510.85; GC § 12599) each as well. The law defines domestic To find out if a charity is registered, call the Attorney General’s office violence as certain kinds of abuse directed (see Resources) or visit the website (www.oag.ca.gov/charities). Also toward a spouse or former spouse, domestic part­ check with your local Better Business Bureau (www.bbb.org). ner or former domestic partner, cohabitant or person of any age with whom the abuser has had a “dating or engagement rela­ Door-to-door solicitation: Ask to see a business permit. (Most cit-tionship,” has had a child or is related by blood or marriage. (FC ies require one.) Resist pressure to buy anything on the spot. If you do§§ 6200 et seq; PC § 13700(b)) Such violence is behavior

Door-to-door solicitation: Ask to see a business permit. (Most cit-tionship,” has had a child or is related by blood or marriage. (FC ies require one.) Resist pressure to buy anything on the spot. If you do§§ 6200 et seq; PC § 13700(b)) Such violence is behavior driven by make a purchase, remember that you usually have three business daysa need to control. It can range from threats to unwanted sexual to legally cancel such a contract if it was made in your home or in atouching and hitting, and it cuts across all cultures, ethnic back­ temporary business place, such as a convention center, restaurant or

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s hotel. (CC § 1689.6(a)) Contact the Better Business Bureau to check STOLI or SPINLIFE life insurance schemes (for infor­ out the business. To report a fraud, call the police or county district mation on these schemes, go to www.insurance. attorney’s office. ca.gov and click on the Senior Information Avoidi Center). Financial advisors and investment scams: Beware of investment ng Investm seminars touting get-rich-quick schemes. Check out the “invest­ ent Scams How can I avoidment” before investing. Call the state Department of Corporations’ toll-free hotline at 866-ASK-CORP (275-2677). For further infor­ Don’t invest until you inves­ being solicited by mation on protecting yourself, check out the Department of tigate. Call the Department of telemarketers and mar­ Corporations’ “Seniors Against Investment Fraud” (SAIF) program. Corporations’ toll-free number at keting mail?For a few SAIF tips, see Avoid Investment Scams in the next column. 866-ASK-CORP (275-2677) before purchasing any type of financial Funeral and cemetery fraud: Watch out for high-priced sales You can register your product. telephone numbers (includ­pitches. The Consumer Guide to Funeral and Cemetery Purchases— available at no cost from the Department of Consumer Affairs’ ing your cell phone num­ Don’t invest right away: Slow down ber) with the NationalCemetery and Funeral Bureau—details your requirements, pre-needs arrangements and what to look for in a contract. To verify a funeral and take your time. Most fraud occurs Do-Not-Call Registry, establishment’s license or to file a complaint, call the Cemetery and because the con artist talks the victim into which is managed Funeral Bureau at 916-574-7870 or go to www.cfb.ca.gov. Check with making a “rushed” decision. by the Federal Trade your local Better Business Bureau as well. Commission (FTC). To Don’t be too trusting. Remember, appear­ register, call Home repair/home improvement: It may sound like a good deal. ances can be deceiving. 888-382-1222 or A repairman will fix your roof with “leftover” materials from another go to the website job. You pay cash—and he does a shoddy job or nothing at all. Or a Don’t invest more than you can afford to (www.donotcall.gov). plumber fixes your clogged toilet and presents you with a $10,000 bill. lose. How much are you willing to lose if You can also ask tele­ Before hiring a contractor, get several estimates, check references and the investment turns out to be a scam? If you marketers to put you put everything in writing. Be aware that your home cannot be used as lose everything you have, what will you do? on their “do not call” collateral in a home improvement contract if you are 65 or older. lists. If they keep calling (BPC § 7159.2; CC § 1804.1(j)) Contact the Contractors State License Don’t believe “guaranteed” large rates you, report them to the Board (see Resources) to check the contractor’s license and any past of return on your investment. There are FTC. (See Resources.) complaints. Such contractors must be licensed. Never pay more than always risks to investing. In addition, tell busi­ the maximum allowed by law (usually 10 percent of the repair price nesses not to sell your name to other companies.or $1,000, whichever is less) before the work is done. For additional Don’t invest until you complete the To remove your nametips, contact the licensing board for a copy of What You Should Know “four C’s”: Consider your options. from mailing lists, go toBefore You Hire a Contractor (also available online). Compare the offer to others. Consult www.dmachoice.org and with someone you trust. Call the register online or download Medicare fraud: Never give your Medicare number to a stranger. Department of Corporations’ toll- a form request and mail it to:Always check your Medicare statement to verify that you actually free number listed above. Direct Marketing Associationreceived the services charged to Medicare. If you suspect provider Inc. at: DMA Ch

t to verify that you actually free number listed above. Direct Marketing Associationreceived the services charged to Medicare. If you suspect provider Inc. at: DMA Choice, DMA, Boxfraud, call Medicare. And to report suspected Medi-Cal provider Source: California 643, Carmel, NY 10512. To removefraud, call the Bureau of Medi-Cal Fraud and Elder Abuse in the state Department of your e-mail address from marketingOffice of the Attorney General. (See Resources.) Corporations, Seniors lists, go to dmachoice.org and click on Against Investment Register for eMPS.You can also “opt out” Living trust mills: Beware of “trust mill” marketing schemes in Fraud (SAIF) of the credit agencies’ pre-approved creditwhich salespeople pose as specialists in estate planning to gain your offer mailing lists. Simply call 888-5-OPTOUTtrust and confidence. These unqualified “experts” seek to obtain (567-8688) or opt out online at www.optoutprescreen.your personal financial information with the ulterior motive of sell­ com.ing you both a living trust and an annuity, which may not be appro­ priate for you. Such tactics may violate California insurance laws and laws What is identity theft? prohibiting the unauthorized prac­ Check out those “senior specialists” tice of law. To report a scam, call Identity theft is the unauthorized your local district attorney’s office or Be wary of those who tout themselves as special­ use of someone’s personal data (a driv­ the California Department of Insurance. er’s license or Social Security number, ists offering insurance and financial advice to seniors. (See Resources.) for example) for any unlawful purpose, Some simply use senior-related titles and designations such as to obtain credit cards, loans or Telemarketing/mail /Internet fraud: to pose as experts. They may not have had any relevant services. (PC § 530.5) It is a fast-grow­ It can be difficult to distinguish legiti­ training or experience at all. That fancy title may just ing crime that struck about 11 million mate telemarketers and e-mail solicita­ be a marketing ploy to get your business. Americans in 2011 and costs businesses, tions from those that are fraudulent. Insurance brokers and agents are prohibited from financial institutions and consumers Never provide personal information or using a “senior designation” to mislead consumers. billions of dollars annually. send money to solicitors who contact They can no longer use any senior-related certifica­ Identity thieves may rummage you first. Hang up or insist on calling tion, credential or professional designation unless it through your trash, steal your wallet the individual back after you check meets certain criteria and has been approved by the or skim encoded data from your credit out the solicitation. Steer clear of any California Insurance Commissioner. (IC § 787.1) To card. They might go phishing (this refers caller or mailer announcing that you check on a senior designation, call the Department of to the use of misleading e-mails and have won a sweepstakes or foreign lot­ Insurance’s licensing division at 800-967-9331. If you fraudulent websites to trick Internet tery and simply need to pay a “fee” have questions about an insurance offer, scheme or users into revealing personal data). Or or “tax” to collect your winnings. agent, call 800-927-HELP (4357). they might plant spyware—software (The cross-border sale or purchase Broker-dealers and investment advisers (and their that collects personal information as it of lottery tickets is illegal—and so agents and representatives) are prohibited from using is keyed into your computer. is any advance charge for collecting any “senior specific” certification, credential or profes­ To keep tabs on your credit, the prize.) For information on filing a sional designation that could be misleading. (Corp. § request a free credit report annually complaint, contact the state Attorney 25243.5) For more information on “senior” specialists from each of the three major credit General’s office (www.oag.ca.gov/con­ and advisors, go to www.sec.gov (click on For Seniors). bureaus. (See Resources.) To order tact/). To file a complaint about Internet your free annual reports, call 877-322- fraud, go to www.ic3.gov.

243.5) For more information on “senior” specialists from each of the three major credit General’s office (www.oag.ca.gov/con­ and advisors, go to www.sec.gov (click on For Seniors). bureaus. (See Resources.) To order tact/). To file a complaint about Internet your free annual reports, call 877-322- fraud, go to www.ic3.gov. 8228 or visit the program’s website at Many other kinds of scams and www.annualcreditreport.com. schemes hurt seniors as well. Be on the If you fall victim to identity theft, lookout for credit repair/credit card insurance scams, real estate take action immediately (see Protect Your Identity on p.12). For more predatory lending (see Dealing with Debt), annuity fraud, and information, visit the FTC website (www.ftc.gov/idtheft), the Privacy

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Rights Clearinghouse (www.privacyrights.org), California’s Office older and has not applied for benefits, you can still receive benefits on of Privacy Protection (www.privacy.ca.gov), the Identity Theft his record as long as you are at least 62 as well. You must, however, be Resource Center (idtheftcenter.org) and the California Attorney divorced and single for at least two years before seeking such benefits. General’s office (www.oag.ca.gov/idtheft). Will I continue to receive Social Security benefits How do I keep my Social Security as a widow (or widower) if I remarry? Protect number confidential? Your Yes, if you are at least 60 when you remarry. A widow or wid­ Identity ower isn’t actually eligible for benefits until age 60 or, if disabled, until It may be difficult. Increasingly, 50. You could apply to receive benefits based on your new spouse’s however, the law is providing you If you are a victim of work record instead if those benefits would be higher. If you remarry with added protection. For example, identity theft: before turning 60, however, you will be ineligible for widow’s benefits state law prohibits any busi­ throughout your marriage. For more information, call Social Security. ness or individual—with the Call the credit agencies listed in exception of a state or local Resources (page 15), put a fraud alert government agency—from Do I need to change my will in order to remove on your credit report and request a publicly displaying your my ex-spouse or former partner as a beneficiary? free credit report. (CC §§ 1785.11.1) Social Security number. Nor can your number Unless your will states otherwise, your divorce or termination of File a police report. be printed on any card your domestic partnership automatically revokes any provisions nam­ required to access prod­ ing your ex-spouse or partner as a beneficiary or as an executor, trustee, File a complaint with the Federal Trade ucts or services. Your conservator or guardian. (Prob. §§ 6122, 6122.1) You would, however, Commission (FTC) and obtain an FTC ID health care provider can have to change the beneficiary designations for your life insurance and Theft Affidavit. (See Resources.) no longer print your individual retirement accounts. Social Security number on your identification Fill out the ID Theft Affidavit and send it card, and you cannot Will I pay higher taxes if I remarry? by certified mail (with a copy of the police be required to transmit report) to all businesses where a new account your number over the Maybe. The so-called marriage penalty has been on the decline was opened. Internet unless the since 2005 for those in the lower-income tax brackets. At higher tax­ connection is “secure” able income levels, however, getting married may increase your tax Call the Attorney General’s ID Theft or “encrypted.” (CC bill. (IRS Publication 505) Hotline (888-880-0240) only if: you have §§ 1798.85 et seq) For filed a police report and are facing criminal more information, raising your charges or a criminal record stemming from call the Department of the theft of your identity or are seeking to Consumer Affairs’ Office sue a creditor to establish yourself as an of Privacy Protection. GRANDCHILDREN identity theft victim. (See Resources.) Some 7 million children under 18 in this country live under a grand­ If your mail is stolen, contact What should I do parent’s care. Drug addiction, family violence, abandonment, poverty the U.S. Post Office. If your Social and other reasons may be to blame. But in raising your grandchildren, Security card is lost or stolen, call the if someone steals simply opening your home to them may not be enough. Taking respon­ Social Security fraud hotline. (See my credit card? sibility for a child can involve complicated legal options, requirements Resources.) If your driver’s license and rights. is stolen, call the local DMV (or Notify the credit card company call the DMV fraud control immediately. If someone runs up Do I have any rights if my grandchild winds hotline at your credit card or

sibility for a child can involve complicated legal options, requirements

Resources.) If your driver’s license and rights. is stolen, call the local DMV (or Notify the credit card company call the DMV fraud control immediately. If someone runs up Do I have any rights if my grandchild winds hotline at your credit card or uses your debit 866-658-5758). up in the foster care system? card without authorization, you are only liable for up to $50 if you promptly contact Yes. The county social worker and court must give you (or any the company. (CC §§ 1747.10, 1748.31) It is also aunt, uncle or sibling) preferential consideration when deciding where important to file a police report to document the to place the child. You and your home must meet certain standards, loss and your response. but, as a grandparent, you would not need a license. Also, a judge could authorize you to make decisions regarding the child’s medical care and What should I do if I receive mail-order education, and you might be eligible for foster care payments, depend­ merchandise that I never ordered? ing on certain criteria. In some counties, families in your situation can also get support services such as respite, legal assistance, mentoring and transportation, as well as tutoring and recreational activities for the If you did not order it, it is considered an unconditional gift and you child, through the state’s Kinship Support Services Program (KSSP). Fordo not have to pay for it or return it. (CC § 1584.5) more information, go to www.dss.cahwnet.gov (click on Find Services and Foster Care, then Kinship Care). Getting D Should I seek guardianship of my grandchildren or ivorced if I am raising them? Seniors own the It depends on the situation. If it appears that the children willbulk of the state’s Remarried remain in your care, you may want to consider becoming their legalwealth in savings, guardian. This does not terminate the parents’ parental rights andhome equity and other property. At this point in your life, you may obligations, but it does give you legal custody. This means that youhave more at stake when you change your marital status. Or, you may would have the legal right to make many decisions regarding theirbe a widow living on Social Security income alone. If you choose to education and care.remarry, be aware of your decision’s potential impact on your finances. If, however, the parents are only temporarily unable to care for the children, it may be sufficient to simply fill out a Caregiver’s Authorization If I get divorced, can I still get Social Security Affidavit. (FC § 6550) This would allow you to get them into school and authorize school-related medical care.benefits on my husband’s work record? Yes, if your ex-husband is receiving benefits or is deceased. How do I become a guardian? However, you must have been married for at least 10 years and you must remain single. In addition, if your ex-husband is 62 years old or You can file a petition in court for appointment as guardian, or the

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s child, if he or she is at least 12, can file the petition. (Prob. § 1510) A How do I find help for my elderly mother who court-ordered, confidential investigation will take place. The judge may wants to continue living in her own home?place the child in your custody if he or she finds that it would be in the child’s “best interests.” (Prob. § 1514) However, if either parent objects First, assess your mother’s particular needs. (See Hiring Help in theto the guardianship, the judge will not appoint you guardian unless he Home below.) She may qualify for In-Home Supportive Services (IHSS) ifor she finds that granting custody to the parent would be “detrimental” she has limited resources. IHSS is a Medi-Cal program that pays for in-to the child and that the guardianship would be in the child’s best inter­ home assistance when it is necessary to ensure the elder person’s safety.ests. (FC § 3041) (WIC § 12301.05) To locate IHSS, call your local Area Agency on Aging. If she does not qualify for IHSS and just needs help with daily tasks, Is there any financial assistance available you could hire a caregiver through a home care agency or home care refer­ ral company. You could hire someone on your own, but if you are thefor my grandchildren? caregiver’s direct employer, you are responsible for paying employment taxes and workers’ compensation. Yes. If you are caring for a grandchild or other young relative, you But whether you hire someone through an agency or on your own,may apply for CalWORKs benefits for yourself and the child if you be extremely cautious, seek referrals and ask a lot of questions. Suchmeet certain eligibility requirements. (WIC §§ 11200 et seq) If you seek caregivers are not regulated. In fact, many agencies do not check crimi­ benefits for the child alone—not yourself—your employment nal backgrounds nor require prior training or experience. status will have no bearing on the child’s eligibility and Caregivers who provide medical care, however, must be licensed or there is no maximum time allowance for receiving certified. You can hire such caregivers through a licensed home health care such benefits. You may even be eligible for foster agency. Home health care agencies, certified home health aides, certi­ care payments. Contact your local social services fied nurse assistants, registered nurses, nurse practitioners and licensed office for more information. vocational nurses all must be licensed or certified by the state. The If your grandchild has been living with Department of Public Health can verify a caregiver’s license or certifi­ you as a ward or dependent of the court cate or refer you to the appropriate agency. (See Resources.) and you become that child’s legal guard­ ian, you may qualify for the Kinship Guardianship Assistance Payment (Kin- GAP) Program. Under this program, Will Medicare cover the costs of a caregiver? if you meet certain criteria, you may receive monthly payments at the basic It depends. If a doctor prescribes medically necessary home health foster care rate. (WIC §§ 11360-11369) care for a homebound senior, Medicare will cover some of the costs. (You must use a Medicare-approved home health agency.) Medicare will not, however, pay for a caregiver who provides non-medical assis­ Do I have any right to visit tance. This is one reason why some seniors and their loved ones invest my grandchildren? in long-term care insurance. (See Obtaining Health Care and Benefits.) Again, it depends on the situation. If either parent has died, for example, the child’s What other assistance is available for those siblings

d their loved ones invest my grandchildren? in long-term care insurance. (See Obtaining Health Care and Benefits.) Again, it depends on the situation. If either parent has died, for example, the child’s What other assistance is available for those siblings, aunts and uncles, and grandparents may be granted reasonable visitation if it is, as the who are elderly and homebound? judge sees it, in the child’s best interests. (FC § 3102) A grandparent may also be granted visitation if the child’s You can get hot meals delivered to your home through Meals on parents are divorced or legally separated. (FC § 3103) Wheels. To give caregivers a break, respite care is available. Check into A grandparent may not, however, file a petition for visitation if the Adult Day Care Centers and Adult Day Care Health Centers (ADHC). In child’s parents are married unless: the parents are separated, one has addition, community care facilities may fill unused beds on a short- disappeared for at least a month, one parent joins in the grandparent’s term basis to provide respite care for seniors who need 24-hour supervision. (HSC § 1505.5)petition or the child is not living with either parent. (FC § 3104)

FINDING A Where can I find information on nursing homes? CAREGIVER Contact your local long-term care Ombudsman. Go online to www. OR NURSING HOME medicare.gov/nursinghomecompare, which rates some 15,000 Medicare and/or Medicaid-certified nursing homes based on health inspection Studies suggest that Americans age 65 and older are less likely results, quality measures and staffing levels. A Medicare guide on to be chronically disabled or living in a nursing home today than choosing a nursing home is also available online. seniors of the same age were two decades ago. Still, there may To verify the license of a nursing home or other licensed long-term come a time when you can no longer manage on your own. You care facility or to find out if any serious violations have occurred at a may simply need help with daily grooming, bathing, preparing particular facility, call the Department of Public Health’s licensing and meals—or just getting around. You may need round-the-clock care certification unit at 800-236-9747. in a nursing home. There are options available.

Hiring help in the home

Assess your needs. Do you simply need help with such daily activities as bathing and preparing meals, or do you need medical or skilled nursing care as well? How much can you afford to pay? Ask a lot of questions. Does the agency screen and train caregivers? Do caregivers undergo a criminal background check? (A certified home health aide, for example, must pass such scrutiny and cannot have certain convictions.) Does the agency handle taxes and insurance? Are the agency and worker bonded? Will Medicare, Medi-Cal or your private insurance cover any costs? Find out your responsibilities. What taxes will you have to pay if you hire the worker on your own? See the Employment Development Department publication Household Employer’s Guide. To obtain a copy, call 888-745-3886 or go to www.edd.ca.gov (click on Forms & Publications — DE 8829). Seek referrals from a trustworthy source. Avoid using a “help wanted” ad to hire a caregiver. You do not know the background—or motives—of those who respond. Be wary of individual caregiver ads seeking employment. For lists of home care agencies and home health care agencies, contact your local Area Agency on Aging. Consider taking some additional precautions if you do hire someone. It might be wise, for example, to move your valuables to another location for safekeeping—or at least lock them up. Seniors have lost many precious belongings to dishonest caregivers.

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S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s

Will Medicare pay some of my mother’s or Losing a Spousenursing home expenses? You may be overwhelmed Possibly, but not for longer than 100 days and only if your mother with grief right now. You may Parentrequires skilled care. In addition, Medicare would only cover part of want to leave the administrativethe costs. After the first 20 days, your mother would have to make matters for a later day. But there are notifications and legal steps thata co-payment of $148 a day. If she qualifies for Medi-Cal, however, should not be postponed.more assistance may be available. Generally, Medi-Cal covers longer stays in a nursing home. For more information, you could Make funeral and burial arrangements.contact Medicare or your local HICAP advisor. (See Resources.) Obtain several copies of the death certificate. If my elderly mother gives away Gather relevant documents, such as the will, insurance policies, her assets, will Medi-Cal pay trusts, and stock, bank account and annuity statements. for a nursing home? Contact the Social Security Administration (if the deceased was an eligible recipient). Your mother should obtain legal advice before giving away any assets. Send a notification and death certificate to the director of publicIn determining eligibility, Medi-Cal health (if the deceased was a Medi-Cal recipient) within 90 daysreviews each individual’s past finances after the death.to see what, if any, assets have been given away or transferred for less than Notify any life insurance companies of the death.fair market value. In 2013 reviewers will look back over a 30-month period, and Contact the trustee of any trust and/or the attorney whomay begin looking back over 60 months. prepared it.The regulations will then penalize all asset transfers (unless it would cause a substan­ Contact the executor of the will and/or the attorney whotial hardship). Until the state adopts the new prepared it.regulations, however, transfers made within the past 30 months may or may not cause periods of Call the administrator of the decedent’s pension plan.ineligibility. If your mother has very few assets, she may already qualify for at least partial coverage. Check Notify the decedent’s banks and financial institutions.with your county welfare department or an elder law attorney to learn more about meeting Medi-Cal’s eligibility requirements. Contact credit card companies. Is there any assistance available if I take time Be sure that insurance or Medicare claims have been processed off work to care for my ailing mother? before paying any medical bills. Yes, possibly. California’s Paid Family Leave Program—a State Disability Insurance (SDI) Program—insurance may provide you with up to six weeks of pay if you take time off work to care for a seriously ill child, spouse, parent or domestic partner, or to bond Gettingwith a new child. (UIC § 3301(a)) For more information, call the Legal HelpCalifornia Employment Development Department’s Paid Family Leave Every countyProgram at 877-BE-THERE (238-4373) or go to the Paid Family Leave has free legal servicesCollaborative’s website at www.paidfamilyleave.org. for seniors under the federal Older Americans Act. The programs dif­ The law also allows workers, if they meet certain criteria, to fer, however, and their criteria for accepting cases vary as well. Thesetake a leave of absence for up to 12 weeks during a 12-month period programs typically assist those in the greatest need, such as seniorsif a parent, spouse or child is undergoing treatment in a hospital, facing eviction or the loss of public benefits.hospice or other health care facility. (Family and Medical Leave Act, If your county’s legal services program cannot assist you, ask aCalifornia Family Rights Act, GC § 12945.

ital, facing eviction or the loss of public benefits.hospice or other health care facility. (Family and Medical Leave Act, If your county’s legal services program cannot assist you, ask aCalifornia Family Rights Act, GC § 12945.2; UIC § 3300(d)) friend, co-worker or business associate to recommend a lawyer, or call a State Bar-certified lawyer referral service. For an online listAm I legally required to support my penniless, of certified referral services, go to the State Bar’s website at www. bedridden father? calbar.ca.gov/lrs or call 866-44-CA-LAW (442-2529) for a recorded message with the phone numbers of certified services in your county. Maybe. If you have been taking care of him—or have promised to Out-of-state callers can call 415-538-2250 to hear the same message. take care of him—you are legally required to continue giving your best Also check the Yellow Pages of a telephone directory for a listing. effort. You cannot just leave him helpless in his home. (FC §§ 4400, 4401; The State Bar also certifies “specialists” in 11 legal areas. For PC § 270c) If you do fall short, your father or the county (on his behalf) lists of specialists, go to www.californiaspecialist.org. Keep in can seek such support from you. (FC § 4404) If, however, your father mind, however, that there are experienced attorneys who do not abandoned you for at least two years when you were a child, you may seek such certification. For more information on finding an attor­ not be required to care for him now. Nor would you be liable for sup­ ney, order a free copy of the State Bar pamphlet How Can I Find porting him if he is receiving certain governmental aid. (WIC § 12350) and Hire the Right Lawyer? (See Resources.) If you are a California resident age 60 or older, you may get freeWhat is hospice care? legal advice by calling the Senior Legal Hotline (see Resources). If you have a legal problem, it is best to consult a qualified attorney. But if you Hospice care is a program—usually a mix of physical, emotional, cannot afford to hire a lawyer, there are other resources. You could, forspiritual and practical care—for the terminally ill. It may take place in a example, seek guidance from your county law librarian. Law librar­patient’s home or in a specially designed facility. A doctor’s sign-off is ians cannot give legal advice, but they can direct you to the appropri­required for participation. Payment is often on a sliding scale based on ate resources and legal forms for your matter. You will also find usefulincome. Medicare covers hospice care as does Medi-Cal and other insur­ information on many legal topics on California’s legal services web­ance programs. site (lawhelpca.org) and the California Courts’ self-help web page (www.courts.ca.gov).

For additional copies of “Seniors and the Law,” please e-mail your request, including your name, mailing address, phone number and number of copies desired, to: seniors@calbar.ca.gov or mail your request to: Seniors and the Law, Office of Media and Information Services, The State Bar of California, 180 Howard St., San Francisco, CA 94105-1639.

14 FU N DED B Y T H E C A LIFO R N IA B A R F O UND A T I O N • 2 0 1 2

S E N I O R S A N D T H E L A W / a g u i d e f o r m a t u r i n g C a l i f o r n i a n s RESOURCES

AARP www.aarp.org Federal Deposit Insurance Corporation www.fdic.gov 888-687-AARP (687-2277) (information and services for seniors) 877-275-3342 information and publications Administration on Aging www.aoa.gov Federal Trade Commission www.ftc.gov 877-438-4338 hotline for identity theft complaints, ID Theft Affidavits Alzheimer’s Association www.alz.org 877-382-4357 information and consumer complaints 800-272-3900 24-hour helpline Franchise Tax Board www.ftb.ca.gov California Advocates for Nursing Home Reform www.canhr.org 800-338-0505 taxpayer assistance 800-474-1116 consumer line 800-868-4171 Homeowner and Renter Assistance Program www.nursinghomeguide.org Health Insurance Counseling and Advocacy Program (HICAP) www.cahealthadvocates.orgCalifornia Office of the Attorney General www.oag.ca.gov 800-434-0222 Medicare and long-term care insurance information800-952-5225 public inquiry 888-880-0240 identity theft victim hotline Homeownership Preservation Foundation www.995hope.org 916-445-2021 charitable trust registration 888-995-HOPE assistance for homeowners facing foreclosure 800-722-0432 Bureau of Medi-Cal provider fraud, elder abuse Internal Revenue Service www.irs.gov California Department of Aging www.aging.ca.gov 800-829-1040 tax information and forms 800-510-2020 referrals to local Area Agencies on Aging and HICAP Medicare www.medicare.gov 800-633-4227 information, provider fraud, approved nursing homesCalifornia Department of Consumer Affairs www.dca.ca.gov 877-772-3379 Part D fraud, waste or abuse hotline800-952-5210 public inquiries, consumer complaints, license checks 866-800-8749 California Medicare beneficiary complaints www.hsag.comOffice of Privacy Protection www.privacy.ca.gov 916-574-7870 Cemetery and Funeral Bureau www.cfb.ca.gov Mobilehome Ombudsman www.hcd.ca.gov 800-952-5275 information, complaintsCalifornia Department of Corporations www.corp.ca.gov 866-275-2677 investment advisors, financial planners’ license checks Paid Family Leave Collaborative www.paidfamilyleave.org Seniors Against Investment Fraud (SAIF) 800-880-8047 LAS-Employment Law Center Work and Family hotline California Department of Fair Employment and Housing Railroad Retirement Board www.rrb.gov www.dfeh.ca.gov 877-772-5772 referrals to local offices 800-884-1684 employment and housing discrimination complaints Senior Legal Hotline slh.lsnc.net California Department of Health Care Services www.dhcs.ca.gov 800-222-1753 legal advice for seniors Medi-Cal, IHSS, MSSP information 800-822-6222 916-551-2140 Sacramento residents To report Medi-Cal fraud send email to stopmedicalfraud@dhcs.ca.gov Social Security Administration www.socialsecurity.gov California Department of Insurance www.insurance.ca.gov 800-772-1213 earnings/benefits status, referrals to local offices 800-927-HELP (927-4357) claim problems, annuity and insurance scams 800-269-0271 Social Security fraud, waste and abuse hotline 866-60-AUTO-1 (602-8861) state’s low-cost auto insurance program Senior Information Center www.senior.ca.gov The State Bar of California www.calbar.ca.gov 800-843-9053 license checks, complaints regarding attorney conduct California Department of Managed Health Care www.hmohelp.ca.gov 888-460-7364 senior information line 888-HMO-2219 (466-2219) questions, complaints about HMOs 888-875-LAWS (5297) information on ordering publications by mail pamphlets@calbar.ca.gov to order pamphlets or request order form California Department of Public Health www.cdph.ca.gov seniors@calbar.ca.gov to order copies of Seniors and the Law 800-236-9747 licensing and certification information, nursing home resi­ U.S. Consumer Financial Protection Bureau www.consumerfinance.govdent rights 855-411-2372 California Department of Social Services www.cdss.ca.gov U.S. Department of Housing and Urban Development www.hud.gov Residential care facilities and adult day programs www.ccld.ca.gov 800-569-4287 referral to housing counseling agencies Licensing for continuing care retirement community oversight www. 800-347

855-411-2372

California Department of Social Services www.cdss.ca.gov U.S. Department of Housing and Urban Development www.hud.gov Residential care facilities and adult day programs www.ccld.ca.gov 800-569-4287 referral to housing counseling agencies Licensing for continuing care retirement community oversight www. 800-347-3739 housing discrimination: information, complaint filing calccrc.ca.gov 800-225-5342 FHA Resource Center, foreclosure information

California Employment Development Department www.edd.ca.gov U.S. Department of Veterans Affairs www.va.gov 877-BE-THERE (238-4373) paid family leave program 800-827-1000 information, location of nearest office 888-745-3886 to order the Household Employer’s Guide 877-222-8387 VA health benefits

California Medical Board www.medbd.ca.gov U.S. Equal Employment Opportunity Commission www.eeoc.gov 800-633-2322 “Check Your Doctor” and complaints against physicians 800-669-4000 information, employment discrimination complaints

California Registry www.calregistry.com U.S. Securities and Exchange Commission www.sec.gov 800-777-7575 information on some senior assisted living arrangements 800-732-0330 savings and investment information for seniors

California State Controller’s Office www.sco.ca.gov 800-992-4647 REPORT FRAUD / REQUEST CREDIT REPORTSSearch unclaimed property at http://www.claimit.ca.gov 916-445-6321 information on estate and gift taxes Experian www.experian.com 888-397-3742 fraud alerts and credit reports Contractors State License Board www.cslb.ca.gov Trans Union www.transunion.com800-321-2752 license checks, publication requests 800-680-7289 fraud alerts / 800-916-8800 credit reports Eldercare Locator Service www.eldercare.gov Equifax www.equifax.com800-677-1116 referral to your local Area Agency on Aging 800-525-6285 fraud alerts / 800-685-1111credit reports

Produced by the State Bar of California’s Office of Media and Information Services with a grant from the California Bar Foundation.

Laura Ernde, Director of the Office of Media and Information Services • David Cunningham, Production Coordinator, California Bar Journal • Psyche Pascual, Web Editor

We extend a special thanks to attorney Helen Karr, whose commitment and painstaking research were crucial to the development of this guide. We also greatly appreciate the volunteer assistance of the State Bar’s Committee on the Delivery of Legal Services (Legal Assistance for Seniors staff members Millie Gee, Katharine Hsiao, Esther Milbury, Jessica Soske, Robin Yamate, Naomi Young, CAPI Advocate Marianna Aue and HICAP Program Manager Janet VanDeusen and National Senior Citizen’s Law Center attorney Jeanne Finberg); the bar’s Committee on Senior Lawyers (Walton Phillips); the bar’s Trusts and Estates Section (May Lee Tong, Carmen Alberio and Peter S. Stern); and the Housing and Economic Rights Advocates (Maeve Elise Brown). We thank attorneys Joan Virginia Allen and Fred Alan Jones for their input as well. The guide was illustrated by Don Asmussen.

© 2003, 2006, 2009, 2012 The State Bar of California, All rights reserved. No part of this work may be reproduced, stored in a retrieval system or transmitted in any medium without prior written permission. Permission is hereby granted to reproduce this work for educational use only. 2 0 1 2 • F UND E D B Y T HE C A L I F O R NI A B A R F O UND A TI O N 15

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