An Alameda Superior Court judge decided this month not every felony conviction will disqualify you from helping the elderly or disabled.

Gov. Arnold Schwarzenegger originally wanted to ban everyone with a felony record from working in the In-Home Supportive Services program (IHSS). As the law stands, workers are barred from the program for 10 years if they have been convicted of child abuse, elder abuse, or defrauding MediCal or any patient.

Outside those restrictions, though, Judge David Hunter says in-home patients can employ anyone they want.

IHSS helps pay for in-home care to 430,000 low-income elderly and disabled Californians. It allows patients to remain in their homes under the care of individuals of their choosing, as approved by the state, to render help with daily tasks, such as bathing, house cleaning, meal preparation, laundry, grocery shopping, personal care services, accompaniment to medical appointments, and protective supervision for the mentally impaired.

The state argues that its interest is protecting Californians and preventing fraud.

One of the plaintiffs to the suit is a Sacramento woman who provides in-home care for her 90-year-old-mother. She was initially disqualified under the governor’s plan because of a 1976 conviction for felony grand theft.

The program costs about $5.5 billion annually, half of which is paid for by the federal government, 35% by the state, and 15% by individual counties.

“We are following the court order, but we do not believe convicted felons should be eligible to care for elderly and disabled Californians in their homes,” said Lizelda Lopez, spokeswoman for the Department of Social Services.

The state could appeal the ruling, and Ms. Lopez says the Department is already reviewing it.

This is tricky ground. The state has a legitimate interest in protecting its citizens and taxpayer dollars, but how long should it punish people for their crimes at the expense of the elderly and disabled?

James D. Perry

I recently came across a truly heart-warming story about a neighborhood initiative in the Washington, D.C. area.

Harry Rosenberg and his wife, Barbara Filner, along with nine of their neighbors started an aging-in-place “village” in their Bethesda, Maryland community to help their elderly neighbors with basic services such as transportation and home maintenance, helping them to stay in their homes longer as they aged.

Their first request for assistance came in November 2008: they helped an 81-year-old widow take out her trash and drover her to the doctor. The organization has a budget of $4,000 collected solely through donations. It charges no dues and has about 65 “friends” who volunteer, receive help, or are otherwise are associated.

And while it doesn’t receive many requests for assistance Harry and Barbara say it is still a viable presence in the community hosting neighborhood walks and restaurant outings. There are now six similar “villages” in the city itself, two in the Virginia suburbs, and eight others in the planning stages in the Maryland suburbs.

The first such aging-in-place community on record was called an “intentional community” in Boston’s Beacon Hill neighborhood to which members paid dues to provide collective services. The idea spread and “intentional communities” popped up in California, Illinois, Colorado, Florida, Hawaii, New York, and other states, and the first international intentional community was in Australia.

Retirement communities are expensive and aren’t always the best option. Not every older adult needs the care of trained staff but could use, perhaps, the helpful hand of neighbor every now and then. If you are interested in learning more about aging-in-place initiatives or starting one in your community you can learn more at http://www.aginginplaceinitiative.org/.

James D. Perry

America’s prison population is nearing 2.5 million – roughly 1 person in every 133 – so it’s not unusual that I’ve had clients who have friends or family who are incarcerated.

Leaving assets to a federal, state, or county inmate comes with some bureaucratic hurdles and must be done with careful assessment.

In California, when an individual dies leaving an inheritance to a prisoner, both the Department of Corrections and Rehabilitation and the Victim Compensation and Government Claims Board must be notified. If a prisoner owes any money as restitution as part of his or her criminal sentence, the VCGCB with the help of the Franchise Tax Board is going to take its chunk first.

For example, I had an elderly client with very little family who willed part of his estate to a friend doing a few years’ time in state prison. His friend did not owe any restitution on his sentence, and all lawyers and state agencies involved were properly notified.

However, it was later discovered that he hadn’t paid child support to his wife in over 15 years. The arrearage was near $100,000, which was roughly equal to the value of the inheritance my client left him.

In some states, the department of corrections may even collect the cost of incarceration from an inmate’s inheritance by filing a lien in probate court. The State of Connecticut’s laws allow the probate court to extract the cost of incarceration or 50 percent of the inheritance, whichever is less.

If you’re thinking of leaving assets to a guest of the State, I urge caution. If you intend to provide a nest egg for a prisoner’s reentry into society, be aware of the debts they may have incurred as a result of their crimes, and recognize that they don’t have the autonomy to make decisions regarding that chunk of change until their release.

James D. Perry

My family said goodbye last month to my dad who celebrated his 94^th birthday last June and had lived a full life. He spent his final weeks at home with hospice care surrounded by the people he loved.

He manifested signs of dementia during his final years, but we were able make the decisions necessary for his medical care because he had an advance health care directive which set for his wishes for end of life care.

People hoping to avoid a prolonged dying process or to prevent family confusion and turmoil should execute an advance directive. Because a stroke or auto accident can lead to severe impairment, it’s never too early to have a plan in place.

The first step is to draw up an Advanced Directive for Health Care. This is known in some states as a living will. You can specify your preferences on a wide range of options – resuscitation, hydration, drugs, intubation, etc. – requesting that you want everything to be done or limiting medical interventions.

The second step is to appoint a health care agent, someone you know well and trust, to whom you designate to make medical decisions for you by way of your health care directive. That person will use your advance directive as guidance to make decisions that you yourself cannot make due to incapacity.

Your health care proxy should be someone who knows you well and someone who will be willing to carry out your wishes, even in the face of family conflict. Your agent in California will also be the person responsible for implementing your wishes for disposition of your body after your death.

Once your advance directive is in order, be sure to give a copy to your doctors, the proxy, your attorney, and your family. Be sure to communicate with your relatives and health care providers about your concerns and wishes.

All who knew my dad miss him and grieve his loss. Still as a family, we are comforted that he lived and died just as he wanted without unnecessary trips to the emergency hospital, or unwanted medical intervention, at a time when he just wanted peace.

James D. Perry