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Legal Issues for Older Adults – 2012 Edition



The Legal Issues for Older Adults handbook is designed to help identify some of the matters that people may encounter as they age.

It is not intended to be legal advice but rather a place to start the conversation and provide assistance with concepts and definitions. There are additional resources in Chapter 14 and a glossary of terms at the end of the handbook.

This edition is updated as of January 2012. If reading it after that time, somoe information may be out of date. More current information may be found on the websites and through the contact information provided in each chapter.

To purchase a copy for $10, contact the Oregon State Bar Order Desk at (503) 620-0222 or (800) 452-8260, ext. 413. You may also download the entire (5MB) document, or each chapter individually in Adobe PDF format. A link to the free reader follows.





Entire Publication Contents (5Mb PDF file)



Table of Contents



Chapter 1: Social Security and Other Benefit Programs


Social Security
Social Security Disability (SSD)
Railroad Retirement
Supplemental Security Income (SSI)
Employee Pensions
State Financial Programs
Additional Programs for Seniors



Chapter 2: Medicare


Medicare Overview
Medicare Eligibility
Medicare Enrollment
Benefits Covered by Medicare
Medicare's Basic Payment Policy
Medicaid Claims
Appeal Rights
Medigap Policies



Chapter 3: Medicaid


Medicaid Eligibility
How to Apply
Servicves Covered
Payment for Services
Estate REcovery
Medicaid Denials and Appeals
Managed Care Issues



Chapter 4: Veterans' Benefits


Veteran Health Care Benefits
Service-Connected Disability Pension
Non-Service Connected Pension
Additional Benefits
How to Apply



Chapter 5: Long Term Care


Living Options
Choosing a Senior Housing Community
The Resident's Bill of Rights
Paying for Long Term Care
Complaints



Chapter 6: Property Ownership, Real Property Transfers, and Taxes


Types of Property Ownership
Transferring Property
Basic Tax Matters



Chapter 7: Managing Your Property and Personal Affairs


Financial Matters--Direct Deposit, Joint Bank Accounts, Power of Attorney,
Representative Payee, and Conservatorship
Health Care Decision--Advanced Directive, Power of Attorney for Health Care,
POLST, Guardianship, and Mental Commitment



Chapter 8: Estate Planning


Intestate Succession
Wills
Probate
Will Alternatives (Survivorship Interests, Payment on Death Accounts, Trusts, Life Insurance)
Estate Taxes



Chapter 9 – Age Discrimination


Age Discrimimation and Employment
Landlord Tenant Laws
Other Discrimination Laws



Chapter 10: Consumer Information


General Consumer Protection Advice
Credit Purchases
Collection Agencies
Debts
Contracts
Warranties
Merchandise Complaints
Home Repairs
Lost Credit & Debit Cards



Chapter 11: Protecting Yourself from Crime and Abuse


Protecting Yourself from Street Crime
Protecting Yourself at Home
Protecting Your Finances
Protecting Yourself from Schemes, Frauds and Rip-offs
Protecting Your Right to Make Decisions
What to Do if You are a Victim of a Crime
Protecting Yourslef from Violence at Home
Reporting Elder Abuse



Chapter 12: Family Relationships


Grandparent Visitation
Custody of Grandchildren
Dissolution of Marriage/Domestic Partnerships



Chapter 13: When a Loved One Passes Away

Responsibilities of the Personal Representative after a Death
The Probate Process



Chapter 14: Resources


Local Area Agency on Aging (AAA) &
Senior and People with Disability (SPD)
Legal Services
Social Security Administration
Department of Revenue
Low Income Services
Abuse Resources
Age Discrimination Resources
Veterans' Resources
Health Care Decisions
Additional Resources
Medicare & Medicaid
Retirement
Insurance
Suggested Reading
Consumer Protection



Glossary of Terms