Registration is through the Emeritus College at the Univisity of North Texas, Denton Texas.  More information can be found on the University web site,

http://call.unt.edu/EmeritusCollege

Glenn, 52, sold Fran what is known as an “indexed” annuity, which pays interest based on the performance of the stock and bond markets.  Owners of these annuities don’t risk losing their principal but they are subject to often severe penalties if they withdraw their money before the annuity begins paying out, which can take more than a decade.  Indexed annuities are also typically quite lucrative for the agents who sell them.

Glenn says Fran was brought to him by her 80 year old boyfriend, who had purchased a similar annuity from Glenn years earlier.  Glenn contends that Fran showed no signs of dementia when she agreed to purchase an annuity issued by the insurance company for $175,000, a transaction that earned Glenn a $14,000 agent’s commission.

But when the boyfriend took Fran to her bank to withdraw the funds, the bank manager said she appeared confused and overly influenced by the boyfriend. The manager alerted Adult Protective Services and criminal charges were eventually brought against Glenn.  He was convicted of felony theft by a state-court jury in California.

If Fran had withdrawn her money within the first year, she would have paid a nearly $22,000 penalty. Fran was too ill to testify at trial, according to an article on the case in The Wall Street Journal, and the insurance company has returned the annuity principal to her son, who has become her conservator.  The insurer did not charge a penalty.

The Journal reports that the case “is sending shivers down the spines of Glenn’s peers across the country.”  ”It’s very scary,” Peter, an agent in Maine, is quoted as saying. “There is nothing in insurance-licensing that prepares you as a nonmedical person to diagnose dementia.”

At a meeting of the National Academy of Elder Law Attorneys in 2007,  a specialist in class actions against the insurance industry, said annuities that defer their payouts are “uniformly horrendous products” that are unsuitable for people over age 75 and arguably for people at much younger ages as well.

Glenn, who is to report to jail on April 18, 2012, is appealing his conviction and is asking to be freed on bail pending the appeal.  A county judge has granted Glenn bail pending appeal.

In 2004, two California senior citizens organizations sued five companies that sold annuities to seniors, charging them with elder abuse, among other crimes.

Be careful, when someone tells you they are selling a financial product at no charge to you, beware, just as in this case, fees are paid and you may not be aware of it until you need that money to pay for care needs or to qualify for a government program to help pay for additional care needs.

If you are eligible for Veteran’s Benefits and qualify by removing assets from your name or convert assets to an annuity, and if you later need Medicaid benefits, what you did to qualify for VA, may keep you from qualifying for Medicaid.  In many instances, more assets can be preserved when Medicaid is needed as opposed to the lower limits allowed for VA approval.

Want to learn more about Veteran’s and Medicaid Benefits?  Or maybe, how to better care for that loved one with dementia, or Alzheimer’s?  Just go to

www.TexasElderLawAttorney.com

and you can subscribe to one of our e-mail courses.

Just look at the banner at the top of the home page, select the course you would like to learn more about, click it and put in your name and e-mail.

That’s it!  You will begin receiving e-mails designed to help you understand these complex rules and regulations in language you can understand.

Decide you no longer want to receive this information, no problem, at the bottom of every e-mail is an “unsubscribe”  and you can opt out at anytime, no cost or obligation on your part.

An appeals court rules that a woman who, two years before applying for Medicaid, transferred money to a friend through joint tenancies in a claimed effort to avoid probate did not rebut the presumption that the transfers were made in order to qualify for Medicaid.

Paula met with an estate planning attorney and said she wished to leave her estate to her friend, Ron. She asked for advice on how to avoid probate so her family would not interfere. Under the advice of the attorney, Paula added Ron as a joint tenant on her bank accounts and her home. Ron withdrew $141,410.12 in funds during 2007 and 2008.

In 2009 Paula fell and required nursing home care.  When she applied for Medicaid, the state found she had made uncompensated transfers to Ron and assessed a 19-month penalty period. Paula appealed, arguing the transfers were for a reason other than to qualify for Medicaid, specifically an estate planning tool. The state and the trial court affirmed the penalty period, and Paula appealed.

The Appellate Court, affirms, holding Paula did not rebut the presumption that the transfers were made for a purpose other than to qualify for Medicaid. According to the court, Paula offered no evidence that she did not intend to enter a nursing home or about the state of her health before she entered the nursing home.

The State can audit a Medicaid Applicant’s income, assets and transfers for the 60 months prior to the filing of the application.  Should a gift or transfer for less than fair market value be reported or discovered, the State will presume that it was made in order to qualify for Medicaid benefits and will assess a penalty unless the applicant can prove it was for purposes other than qualification for Medicaid.  This could be difficult at best and very costly to appeal an adverse decision based on this type of a transfer.  Additionally, the applicant may not have the capacity, either mental or physically to assist in the appeal.

Want to know more about about Medicaid rules for qualification than go to

www.DallasTexasMedicaid.com

and sign up for our e-mail course, it is at no cost to you and you can opt out at anytime.

You can also get additional information at:

www.TexasElderLawAttorney.com

or just give us a call at 1-800-939-9093.

Thanks, Richard M. Barron

Alois Alzheimer was credited with identifying the disease first, and that case was a woman who was 51 years old.  The youngest I have ever known personally was age 54 when I met her, though she had been diagnosed a few years earlier.  I personally have worked with many people in their 50’s and 60’s with Alzheimer’s disease or a related dementia – and remember, dementia isn’t always Alzheimer’s disease.  Sometimes it’s caused by Huntington’s, Frontotemporal Lobe damage, or Lewy Body Disease, which are all often mistaken as Alzheimer’s, though doctors are now pretty adept at identifying the differences and not just lumping them into the Alzheimer’s category.

I like to focus on helping caregivers enjoy the time they have with their loved ones who have the disease and protect their assets so they live the rest of their lives with dignity.  We can’t spend our lives worrying about what might happen, but we do have the choice to respond positively when something like this does happen. However, it is quite important to physicians, as there are differing medications that can make a significant impact in a person’s medical treatment.  What is very important is to know that a person with Alzheimer’s is still a person, and you can still have a relationship with them regardless of their age or disability.  In addition, it is very important as a concerned party that you take care of yourself – and one of the best ways to do that is to get involved in a caregiver support group. If you’re looking for a support group, give my office a call at (800) 939-9093… we can help get you in touch with the right people to take care of yourself.

Also, check out our “Alzheimer’s Resource Center”  great information and better yet it is FREE to you or anyone else. Just click this link www.DallasMemoryLawyer.com put in you name and e-mail address in order to get instant access to this tremendous resource for caregivers, both professional and family.

It will help give a better understanding of how to better care for your loved one.

You can also go to www.TexasElderLawAttorney.com for additional information.  Should you have any questions please give us a call at 1-800-939-9093.

The good news is that there is a little-known VA benefit that can help you get the care you need without using up all of your hard-earned savings.

Hi, I am Elder Law Attorney Richard Barron, and I have spent countless hours helping people in our area receive quality health care while legally protecting their family’s assets.

It never ceases to amaze me when I talk to the families of veterans how little they understand the VA’s benefit programs that are available to those honorably discharged veterans who are over 65 and are struggling with the cost of their care.

If you or a member of your family is an honorably discharged veteran who served at least one day during a period of wartime (the definition of “wartime” may be broader than you think), and if you are in an assisted living facility or are spending several hundred dollars a month or more on the cost of your health care, then you may qualify for benefits under the

VA Aid and Attendance Pension Program

To learn more about the benefits you may be missing out on, I would like to offer you a FREE Veterans Workshop designed for Veterans, Single Surviving Spouse of a Veteran, the Family of the Veteran, and friends of Veterans on

Tuesday January  31, 2012, from 5:30 to 7:00 PM

1400 Preston Rd. Suite 400

Plano, Texas

Here are Just Some of the Secrets I Reveal in this FREE Workshop…

• How you may qualify for a benefit of up to $2,019/month
• How the widow of a veteran may qualify for a benefit of up to $1,094/month
  
• The asset and income limitations that you must meet in order to become eligible
• Plus, you’ll learn how to protect your eligibility for Medicaid, should you need long-term nursing home care

Ready to Learn More?

Than reserve you seat now, seating is limited and is on a first-come, first-served basis,

so call us at 1-800-939-9093

and bring a family member or friend,

but you have to call us and reserve your seats today! www.TexasElderLawAttorney.com

The Eligibility Verification Report is an annual report due no later than March 1st of each year for beneficiaries who are receiving the Improved Pension commonly referred to as  Aid & Attendance.

Because eligibility for this program is based on disability status and financial criteria, the VA must ensure that the beneficiary remains eligible from year to year.

The EVR provides a report of actual income and dependency status in order to verify that the payment the beneficiary is receiving is correct.

What are the required forms to complete and return to the VA?

The VA will send the required forms to the beneficiary in late December or early January. One of the following forms should be completed, based on the type of beneficiary:

21-0510 EVR Instructions

21-0516-1 Improved Pension EVR (veteran without children)

21-0517-1 Improved Pension EVR (veteran with children)

21-0518-1 Improved Pension EVR (surviving spouse without children)

21-0519s-1 Improved Pension EVR (surviving spouse with children)

In addition to the forms, the beneficiary must also complete a Medical Expense Report on VA Form 21P-8416

(NOTE: THIS FORM WAS UPDATED DECEMBER 2011). This form must be completed twice. The first one is to report actual medical expenses paid out of pocket by the beneficiary during the EVR reporting period. The second one is for the beneficiary to report the next 12 month’s projected medical expenses. This form must also be signed by the beneficiary or the fiduciary if one has been appointed.

Is Anyone Exempt from Filing an EVR?

Annual EVRs are not required for Improved Pension recipients who have no countable income, or whose only countable income is from VA or Social Security. However, filing an EVR may be helpful even in this situation if the beneficiary is not receiving the maximum VA pension due to the amount of medical expenses projected at the beginning of the year. If the medical expenses increased throughout the year, or if the beneficiary paid out of pocket for medical expenses that are not considered “recurring” (i.e. doctor co-pays, prescriptions, travel expenses, hearing aids, expenses related to burial of spouse or dependent child, etc.), then these expenses can be reported on the EVR and the VA will recalculate what the monthly pension should have been. If the pension amount for prior months should have been higher based on the medical expenses reported in the EVR, the VA will pay a lump sum payment to the beneficiary for the appropriate amount.

Termination of Benefits.

If a person does not return the EVR, benefits will be terminated as of the beginning of the EVR reporting period. Because of that, the beneficiary will receive notice that the VA overpaid them and, thus, they will owe the money they received back to the VA. Most are usually not able to return the money because it has been spent on their high cost of medical care. It is essential that the EVR is returned by March 1st, that it is completed accurately, and that it is signed by either the beneficiary of the benefits or by the fiduciary if one has been appointed.

Barron Law Firm

Phone: 800-939-9093

Frequently Asked Questions and Answers

Do I Have to be Already Living in an Assisted Living Community Before I Apply?

• No, it is not necessary to be living in assisted living in order to apply for VA benefits; however, if you are in need of personal assistance, the entire cost of assisted living helps to qualify you for benefits, but you must be a current resident to submit these expenses as a deduction off income.

Who Can Help Me Fill Out the Forms?

• Any private individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person.  A VA accredited Agent, such as your local State Veterans Office, VFW, or American Legion may help you, as well as any Attorney.  NO-ONE may charge you for helping you prepare or present the VA application forms, but you should be sure that the person understands VA.

What are the Advantages of Having an Attorney Assist Me?

• An attorney may assist you with much more than just the VA application, such as making sure that all of your assets are in order to help prevent a denial of your claim and with other paperwork that might be needed to help prove your claim.  In addition, the attorney must be certified through the VA and as such, can represent you before the VA if your claim is denied or if the award is incorrect.

How Long Does It Take to Find Out if I am Eligible?

• An attorney should be able to give you an idea of your qualification within thirty minutes; however, in order to be absolutely certain that you qualify, the attorney would need to review all of you financial, personal, military, and medical records.

How Long Does It Take for Me to Get My First Check?

• Once an application is turned into the VA, it can take anywhere from five to eight months on average to get your check if you are approved for benefits.  If you have dementia or other memory loss issues, the VA will insist on meeting you and a family member before sending you a check, so your claim may take six to twelve months to settle.

Does the Money Come to Me or Straight to the Assisted Living Facility?

• All benefits are paid to the claimant and not to any facility.

Can I Have It Wired Directly Into My Bank Account?

• Yes, the VA actually prefers to have all checks directly deposited into a bank account.  If you have memory loss issues, the VA will insist on a direct deposit.

Is It Retroactive Back to When I First Applied or Does It Start the Day/Month I Get Approved?

• Benefits are retroactive from the first day of the next month after the VA receives your application OR your first notice that you are filing an application.  An attorney can help you preserve this Informal Award Date.

In order for the benefits to be retroactive, you must live at least thirty-one days from the date that the VA received your application or Informal Request.  In addition: if you are filing an Informal Request, you must be alive when the rest of the application is submitted and you have one year from the date of the Request to get the rest of your application into the VA.

For more information please go to our web site at

www.TexasElderLawAttorney.com

or go to

www.TexasVeteransBenefits.com

and sign up for our FREE e-mail course on Veterans Aid & Attendance.

General Qualifications for Non-Service Connected

Aid and Attendance

Veteran, Widowed Spouse, and Dependent or Disabled Child

(Any May be a Claimant)

• Veteran Must have Served at Least Ninety Days Active Duty with One Day of the Ninety During a Qualified War Period (Ninety Days Must Generally be Consecutive, with Some Exceptions)

• Veteran Must have had an “Other Than Dishonorable Discharge”

• Claimant’s Physician Must Declare Him/Her as Housebound and in Need of Assistance from Another Individual, Which May Include Services Offered by Assisted Living

• Claimant Should have Less than $80,000.00 in Household Assets; Excluding Primary Home, Car, and Personal Belongings (If Assets are Jointly Owned by Other than Spouse, Only the Claimant’s Share is Generally Countable.  In the Case of a Married Veteran, Both His/Her Assets are Countable.  Although $80k is Typically the Asset Cap, the VA May Also Consider the Claimant’s Life Expectancy and Demand Lower Total Assets.  In the Case of Excessive Assets, It May be Best to Consult an Elder Law Attorney)

• Claimant’s Household Out-of-Pocket Yearly Medical Expenses Must Exceed or Come Close to His/Her Total Yearly Household Gross Income (Total Yearly Cost of Assisted Living is Typically Considered a Medical Expense)

• Widowed Spouse Must have been Married to the Veteran for at Least One Year, OR have had Children by the Veteran if Married Less than One Year, AND Never Remarried

• Widowed Spouse Must have been Living with the Veteran at the Time of the Veteran’s Death, Unless the Separation was Due to Medical or Military Reasons (There May be Some Exceptions Related to Separations Due to Abuse)

• Minor or Disabled Adult Children May Qualify for Limited Benefits on Their Own

2012 Maximum Pension Rates for Aid and Attendance

Single Veteran                                     $1,704.00 Per Month or

Married Veteran                                   $2,020.00 Per Month

Widowed Spouse                                  $1,095.00 Per Month

Veteran Married to Veteran                  $2,631.00 Per Month

Barron Law Firm

209 E. Main St. Whitesboro, Texas 76273

or

1400 Preston Rd., Suite 400, Plano, Texas 75093

903-564-3663 or 800-939-9093

www.TexasElderLawAttorney.com

**Note:  Each VA Claim is Unique and the Above Criteria is Generic in Nature and May Not be Applicable to Each Claimant.