Few Orange County or Los Angeles County seniors or their families are aware of financial benefits that are available to U.S. Military Veterans and their spouses, for non-service connected disabilities.

Veteran’s pensions are available to large numbers of seniors, age 65 years or older who are financially eligible. The VA rules rules actually consider all seniors age 65 and above to be “disabled” for purposes of pension eligibility. Additional criteria can raise the veteran’s pension benefit above the basic independent pension if the veteran is “housebound” or in need of “aid and attendance” for certain activities of daily living.

VA pensions can make a huge difference in the ability of a veteran or widow to afford basic costs of living, in-home caregivers in order to be able to stay at home, or to afford to live in an assisted living facility of his or her choice without using Medi-Cal or Medicaid.

Planning for eligibility for VA benefits is somewhat similar to planning for Medi-Cal long-term care benefits, but in some instances less complicated. A worrisome concern is that the simpler rules for VA pension benefit eligibility may entice seniors or their children or agents to purchase annuities, transfer assets, or carry out transactions that will later cause ineligibility for Medi-Cal.

It is crucial not to preclude Medi-Cal eligibility when applying for VA benefits. Veteran Service Organizations exist to provide no cost assistance to Veterans in preparing and filing applications, but they are not qualified to assist veterans or their families with eligibility planning for Medi-Cal.

Such planning required the guidance and assistance of an experienced Orange County elder Law attorney.

For more information on VA benefits and pensions go to http://www.vba.va.gov/VBA/

James D. Perry

It is pouring rain this morning. I’m taking the day off. Outside I can see goldfish swimming at the top of our little pond, waiting for their daily scattering of yummy fish food.

Fish probably don’t notice when it’s raining. I do notice. I think about how wet I will get feeding them. I weigh the pros and cons of action. I get wet. My fish are happy again, and soon enough I am dry again.

After breakfast I am back in my recliner, basking in the freedom of the President’s day holiday. A little more time to read the paper, do some chores around the house.

I read the NY Times business section. Paul Krugman points out that by now everyone knows the sad tale of Bernard Madoff’s duped investors. They looked at their statements and thought they were rich. Then, one day, they discoved to their horror that their supposed wealth was a figment of someone else’s imagination.

The idea that anyone can pick stocks and beat the market seems suddenly kind of silly. Bernie Madoff was able to deliver steady returns, but we know now how he did it.

It’s a little like my fish in the rain, they think nothing has changed, but their next meal depends on my willingness to dodge raindrops they seemingly don’t see.

A letter to the editor proposes a quick solution to our current crisis, “Why not give every taxpaying citizen 100 grand and tell them to spend it anyway they like?”

I can get behind that. But how about one more little earmark - give an extra grand to anyone who is willing to spend it on legal services. Hey - I have fish that need to be fed.

Happy President’s Day!

Up until last month, Whittier, California was best known for being the hometown of Richard Nixon — and me. It looks like this honor will now pass to Nadya Suleman’s octuplets and her six other kids.

I’m still waiting by the phone for Nadya to call me for some estate planning advice. I assume that in light of the numerous death threats she has received she will want to write a will and appoint guardians to take care of her kids in the event of her early demise.

Nadya, or any parents with young children should name one personal guardian for each child, and an alternate in case the first choice can’t serve.

Under California Probate Law, you may name more than one guardian, but it’s generally not a good idea because of the possibility that the coguardians will later disagree. On the other hand, if you prefer that two people care for your child — for example, a stable couple that would act as coparents – you should name both of them, so that they each have the legal power to make important decisions on behalf of your child.

Here are some things to consider when choosing a personal guardian for your kids:

Is the prospective guardian old enough? The person must be at least 18 years old in most states.
Does the prospective guardian have a genuine concern for your children’s welfare?
Is the prospective guardian physically able to handle the job?
Does he or she have the time?
Does he or she have kids of an age close to that of your children?
Can you provide enough assets to raise the children? If not, can your prospective guardian afford to bring them up?
Does the prospective guardian share your moral beliefs?
Would your children have to move?

If you’re having a hard time choosing someone, take some time to talk with the person you’re considering. One or more of your candidates may not be willing or able to accept the responsibility, or their feelings about acting as guardian may help you decide.

In Nadya’s case, news reports lead me to believe her parents may not want the job of guardian for the octuplets. They have their hands full helping out with their first six grandchildren. Since Nadya is an only child herself, she can forget about sisters and brothers taking the job.

Any volunteers out there?

James D. Perry

A large percentage of California nursing facilities for the aged are cited each year for instances of abuse.  Unfortunately, the majority of nursing home abuse and neglect cases are never reported. When we put our elderly loved ones in a nursing home or assisted living facility, we’d like to think that they will receive the same standard of care that we would provide, but that is often not the case.  The reality is that even the so called “upscale assisted living residences” often abuse and neglect the basic needs of their residents.  

The terms “abuse” and “neglect” are used together and sometimes used synonymously, but they are really two very different things. Abuse of an elderly person may take the form of physical abuse, sexual abuse, or emotional abuse. Some signs and symptoms of elder abuse include: bruises, cuts, broken bones, fear, depression, burns.

Signs and symptoms that your loved one is being neglected may include: malnutrition, dehydration, sores that don’t heal, unsanitary living conditions, soiled clothing, and dirty linens.

As the number of the frail elderly increases each year, so do the number of cases of elder abuse and neglect.  in this environment, you need to know how to take legal action you can take if you suspect your loved one has been the victim of elder abuse and neglect.

In the case of nursing home problems, any person can file a complaint about a California nursing home with the Licensing and Certification Division of the California Department of Public Health (DPH). DPH is the state agency that enforces nursing home laws and regulations through regular inspections and complaint investigations.

You can file a complaint about abuse, neglect and any other matter protected by law. For example, you can file a complaint about violations of the patient’s rights, poor care, lack of staffing, unsafe conditions, mistreatment, improper charges, transfer and discharge concerns, and a failure to readmit the patient you after a hospital stay

For more information on how to report or pursue a claim for nursing home elder abuse you can contact my office, or get further information from the California Advocates for Nursing Home Reform Website.