MIG04-4_Fa_Editorial by Wells-Smith Partners

Generations Michigan

Fall 2004

Elderlaw and You: WEIGHING YOUR RIGHTS

Also in This Issue: ■ Health Is Just a Click Away ■ A Look at Area Agencies Around Our State Published quarterly by Michigan’s Area Agencies on Aging

Welcome to Michigan Generations Michigan is divided into 16 AAAs, each serving a different part of the state.

They are:

AAAs— Gateways to Community Resources

7 5

3A 3B

4 Region IV Area Agency on Aging 5 Valley Area Agency on Aging 6 Tri-County Office on Aging 7 Region VII Area Agency on Aging 8 Area Agency on Aging of Western Michigan 9 NEMCSA Region 9 Area Agency on Aging 10 Area Agency on Aging of Northwest Michigan 11 Upper Peninsula Area Agency on Aging 14 Senior Resources of West Michigan

6 1A

The services offered by Michigan’s 16 AAAs cover a broad spectrum of needs such as information and referral, case management, in-home services, home-delivered meals, senior centers, transportation and special outreach. To read more about each of Michigan’s AAAs and the services available, turn to page 10 of this issue. MI

Michigan

Generations FALL 2004 Published quarterly

through a cooperative effort of Michigan’s Area Agencies on Aging. For information contact: Jenny Jarvis 248-262-9202 jjarvis@aaa1b.com

Editorial Project Development: JAM Communications, Atlanta, GA Design and Production: Wells-Smith Partners, Lilburn, GA

On the Cover: Elderlaw deals with specific legal issues that seniors face. Here are the main areas you should understand and ways to access help. See story, page 4. Cover illustration by Alexander Tran.

Fall 2004, Volume 2, #2 © 2004 by the Michigan Area Agencies on Aging. The information contained herein has been obtained from sources believed to be reliable. However, the Michigan Area Agencies on Aging and JAM Communications make no warranty to the accuracy or reliability of this information. No part of this publication may be reproduced or transmitted in any form or by any means without written permission. All rights reserved.

Michigan Generations

MAP PHOTOGRAPHY COURTESY TRAVEL MICHIGAN

Whether you are an older adult yourself, a caregiver or a friend concerned about the well-being of an older adult, Area Agencies on Aging (AAAs) are ready to help. AAAs in communities across the country serve as gateways to local resources, planning efforts and services that help older adults remain independent. AAAs were established under the Older Americans Act in 1973 to respond to the needs of Americans age 60 and over in every community. The services available through AAA agencies fall into five general categories: information and consultation, services available in the community, services in the home, housing and elder rights. A wide range of programs is available within each category.

1A Detroit Area Agency on Aging 1B Area Agency on Aging 1-B 1C The Senior Alliance 2 Region 2 Area Agency on Aging 3A Kalamazoo Cty. Human Services Dept.Region 3A 3B Burnham Brook Region IIIB Area Agency on Aging 3C Branch-St.Joseph Area Agency on Aging IIIC

CAREGIVINGNews&Notes

“Auto Watch”at Repair Shops Getting a car repaired can be a nerve-wracking experience. When they take your car away, you have to trust they will do what they have promised. Most of the time they do, but sometimes they don’t. And this has severely hurt the reputation of auto repair shops. One shop in Detroit wants to gain back customers’ trust, so they’ve taken

extra steps. The company allows customers to watch the repair over the Internet as it is happening. The program is called “Auto Watch,” and it allows you to access video of your car using a particular code. By allowing customers to check in on the repair, the shop deals with fewer phone calls from customers and increases trust with

DETECTING

Breast Cancer Breast cancer is the most common cancer in women. Yet more than half of women over 65 don’t get an annual mammogram, in spite of the fact that Medicare covers much of the cost. October is National Breast Cancer Awareness Month — a time to remind yourself and the older women in your life that early detection goes hand in hand with effective treatment. In fact, a study in the Journal of the American Geriatric Society found that women 65 and older who received regular mammograms reduced their risk of dying from breast cancer. Call the National Cancer Institute (NCI) at 1-800-4-CANCER for information on certified mammography providers in your area.

Honoring Caregivers November is National Family Caregiver’s Month across the United States. This special designation brings attention to the daily lives of our nation’s more sharethecaring than 50 million family caregivers. It is a time to thank, support and celebrate their selfless efforts. This year’s theme — Share the Caring — is a call to action. It is an acknowledgement that caregiving is more than a oneperson job. Share the Caring seeks to find multiple ways to improve the quality of life of family caregivers. For more information on ways to celebrate Family Caregiver’s Month, go to the website of the National Family Caregiver Association — www.nfcacares.org.

Each issue of Michigan Generations offers several websites of interest to older adults and their caregivers … right at your fingertips.

www.caregiverssurvivalhandbook.com showcases a new book, The Caregiver’s Survival Handbook: How to Care for Your Aging Parent Without Losing Yourself. This book helps caregivers navigate daily problems, such as getting other family members to help, juggling various responsibilities, letting go of guilt and fostering a parent’s independence. www.longtermcarelink.net offers articles on long-term care issues, lists services for people needing long-term care, and includes one of the largest lists of useful LTC Internet links on the web. Look for more helpful websites in the next issue of Michigan Generations.

GUILT

Caregiving

Surfing the Net

Fall 2004

them. About two dozen new repair shops a month are buying the program, which is now in 40 states. Be sure to ask your repair shop if they have signed on to this program.

and

Many caregivers feel that they struggle to balance caregiving and their own lives. The demands of work, family and caring for an older relative can be so overwhelming that most people feel inadequate. Often there is tremendous guilt in feeling we aren’t doing enough. Here’s what you can do to cope with guilt: • Acknowledge your limits; • Forgive yourself for mistakes and shortcomings; • Ask family and friends for help; • Learn to delegate caregiving chores; • Plan ahead before a crisis; • Consider joining a support group; • Get help from community programs and professional resources. 3

By Martha Nolan McKenzie

AGGIE FEGEL IS 90 YEARS OLD AND LIVES ALONE. HER CLOSEST LIVING RELATIVES —

TWO NIECES AND A NEPHEW — RESIDE IN SEATTLE AND LAS VEGAS. HER SITUATION MIGHT SEEM VULNERABLE FOR SOMEONE HER AGE, BUT FEGEL HAS TAKEN CONTROL OF HER FUTURE. THE BELMONT WOMAN VISITED AN ELDERLAW ATTORNEY AND DREW UP A DURABLE POWER OF ATTORNEY AND A MEDICAL POWER OF ATTORNEY, IN WHICH SHE APPOINTED A TRUSTED FRIEND TO MAKE FINANCIAL AND MEDICAL DECISIONS FOR HER IF SHE WERE TO BECOME INCAPACITATED. SHE DRAFTED A WILL, DETAILING HOW HER ASSETS SHOULD BE DISTRIBUTED AFTER HER DEATH.

“I’m pretty much alone and I don’t really have anyone looking out for my interests,” said Fegel. “But with these documents, I feel confident that all my wishes will be carried out.” Fegel has tapped into a growing sub-specialty of law — elderlaw. This area deals with the specific legal issues seniors face, such as estate and disability planning, housing issues and long-term health care. “People tend to spend a lot of time and effort doing financial planning for their later years — saving and investing for retirement,” said Laurie Murphy, an elderlaw attorney with Miller, Johnson, Snell & Cummiskey in Grand Rapids. “But they often don’t spend much time doing legal planning — getting the proper documents drafted, designating advocates and researching Medicaid eligibility. You can save yourself and your loved ones a lot of trouble, time and money by planning ahead and by dealing with someone who has some expertise in elderlaw.”

Here are the main areas that fall under the umbrella of elderlaw, the key guidelines you need to keep in mind and ways to access additional help:

Estate Planning Estate planning is basically about how your assets will be passed on to the next generation after your death. The two most common vehicles for accomplishing this are wills and living trusts. A WILL details who will handle your estate and how your assets will be distributed. This document is essential because without it, the state of Michigan will decide who will get your possessions. A will does have to go through probate, which is a court-supervised process of transferring the property of a deceased person to his survivors. For an average estate, the probate process generally takes between six and 14 months and costs from $1,500 to $5,000. “When you are grieving the loss of a loved one, it can feel very intrusive to have to file court documents and worry about a deadline,” said Murphy. “That’s why a lot of people do a living trust.” A LIVING TRUST is a document that, like a will, gives instructions about who will handle your estate and how assets will be distributed. But while you are living, you transfer those assets out of your name into a trust that you control. At your death, assets in the trust pass directly to your survivors without going through probate. Even if you have a trust, you should still have a simplified will, called a “pour over will,” which guarantees that any property that is inadvertently left out of the trust will “pour over” from probate back into the trust. There are other methods for avoiding probate, but they carry some risk. Some people establish joint ownership, such as adding an adult child’s name to the deed of

Michigan Generations

the house. However, that child could then block you from doing what you want with the house, such as selling or refinancing it. And if that child runs into debt, your house is now subject to the child’s creditor’s claims. Seniors with disabled adult children face a special situation. “Many times seniors are told they should disinherit their adult disabled child because the child will lose his government support if he inherits,” said Jim Schuster, a certified elderlaw attorney in Southfield and past chair of the Elderlaw and Advocacy Section of the State Bar of Michigan. “And that is true. The way around that is to set up a special needs trust. The trust will provide for the special needs as opposed to basic needs. So the child will still qualify for government assistance to meet his basic

treatment — illness and disability typically progress over a long period of time, necessitating a long series of decisions. A living will just says if you are terminally ill and go into cardiac arrest, you won’t want life support. But with the medical power of attorney, your agent can gradually take over decisions about your care and treatment as you become unable to make them or as your needs change.” Some seniors are reluctant to draft a power of attorney or a medical power of attorney because they are afraid the person they designate will suddenly start making decisions for them. “Merely signing the document does not mean the child is taking over at that point,” said Schuster. “And even when the parent needs assistance, the parent is still in control. He can say, ‘I don’t like what you are doing, and I want my other daughter to handle my affairs from now on,’ and you can draft another power of attorney designating that daughter.”

Retirement Income needs. It’s a very valuable tool, but many people don’t know about it.”

Incapacity Planning While estate planning focuses on what happens after your passing, incapacity planning deals with the needs that might arise before that time, particularly preparing for a period of illness or disability. Many people mistakenly assume that if they become incapacitated, their spouse or adult children will automatically be allowed to make medical and financial decisions for them. Not true. Without the proper legal documents, a court of law, not a loved one, will make decisions for you if you cannot. A POWER OF ATTORNEY is a legal document that lets you designate someone to handle your financial affairs for you if you become incapacitated. Even spouses need to draft powers of attorney. If your house is jointly owned, for example, your spouse could not sell it or refinance it to help pay for your medical bills unless he or she had a power of attorney. Similarly, your spouse could not touch your pension or 401(k) to help meet expenses. To get that power, that individual would have to go through the emotionally draining court process of having you declared officially incompetent. A MEDICAL POWER OF ATTORNEY allows you to designate a “patient advocate” who can make medical and treatment decisions on your behalf if you are unable. Within this document, you can also detail your wishes about the kinds of medical treatments you want or do not want if you become ill. “Michigan doesn’t technically have a living will law, but we incorporate it into the medical power of attorney,” said Murphy. “This structure reflects the reality of medical Fall 2004

While seniors are most concerned with the financial aspects of their retirement income — size of the assets, rate of return, liquidity, etc. — there are legal aspects to be considered as well: SOCIAL SECURITY: Some of the regulations governing Social Security have changed. You can still start collecting your benefit as early as age 62. If you do that, the amount of the benefit you receive each month will be permanently reduced. Unfortunately, the age at which you can start to collect your full benefit is being pushed back gradually. Seniors retiring this year who were born in 1939 can collect full benefits starting at age 65 and four months, and those born in 1940 can collect at 65 and six months. Looking down the road, retirees who were born between 1943 and 1954 can collect full benefits starting at 66 years, and the age will continue to increase to 67. The income penalties for those receiving full benefits have been lifted. “If you are over the age at which you can receive full benefits, you can earn as much as you want without having your Social Security reduced,” said Larry Van Wasshenova, director of Monroe County Senior Legal Services in Monroe. “It’s basically to encourage people to keep working longer and not retire.” PENSIONS, IRAS AND 401(K)S: Since these plans were designed to encourage individuals to save for their own retirement, the government imposes stiff penalties for early withdrawals — before age 59 1⁄2. In addition, penalties are imposed on funds not withdrawn once the owner reaches 70. For those with pensions, Social Security payments may reduce the amount of pension money received.

Without a will, the state will decide who will get your possessions. 5

Retirement Housing If finances top the list of seniors’ concerns, housing is often a close second. There are a wealth of choices out there — continuing care retirement communities, independent living apartments, assisted living facilities and nursing homes. For low-income seniors who can still live independently, a federally subsidized program guarantees a certain number of units in every community will be reserved for low-income residents. However, the waiting lists are often long and you have to be in a very low-income bracket to qualify. “On the positive side, once you do get into public housing, it’s very difficult for a landlord to evict you,” said Kim O’Leary, director of the Sixty Plus Elderlaw Center at the Thomas M. Cooley Law School in Lansing. “So if you are evicted, you should always contact a lawyer. Chances are they’ll be able to get it overturned.” For wealthier seniors, assisted living facilities are options. However, assisted living facilities are not regulated, and their quality and services can vary widely. “Before signing a contract, you should really go over it carefully with an attorney or legal services officer,” said O’Leary. “What if your needs change and you need a higher level of care — are you guaranteed a spot? What appliances are allowed in your room? Are you allowed to have a pet? You need to ask a lot of questions and make sure you get all the answers in writing.” For seniors who need a high level of skilled care, a nursing home may be the most viable option. However, that level of care comes at a high price — from $4,500 to $6,500 a month. Many seniors mistakenly assume Medicare, the federal health care assistance program, covers nursing home costs. It does not, with the exception of a short-term stay following a hospitalization. However, Medicaid, the joint federal and state program that provides medical assistance for low-income seniors, does cover nursing home costs. “The good news is, if you get on Medicaid, it will pay for nearly everything in a nursing home,” said O’Leary. “The bad news is, you have to be poor to get on it.” Indeed, to qualify, your income must be below a certain limit, which varies by state and by area within the state, and you can only have $2,000 in “countable” assets. However, your home is not “countable” and a car up to a certain value is not “countable.” A significant amount of other assets can be shielded as well. “Medicaid has strict income and asset requirements, but there are also substantial protections for spouses,” said Murphy. “So if my spouse goes into a nursing home, I don’t have to become completely impoverished so he can qualify for Medicaid. In fact, there are ways to keep half of your liquid assets up to $92,000. But the program rules are confusing. You really need to have someone with substantial expertise to plan around Medicaid without doing yourself more harm than good or doing something illegal.” Once you do get into a nursing home, you are entitled to basic rights. They center around quality of care and quality of

life issues and include the right to privacy, to go to bed and get up when you choose, to manage your own financial affairs within the nursing home and to be free of unnecessary physical or chemical restraints. Elderlaw attorneys can counsel patient advocates on patients’ rights. Advocates can also contact the State Long-Term Care Ombudsman at the Michigan Office of Services to the Aging at 517-335-1560.

Other Medi-Issues Since health care coverage is critical for seniors, it’s important to understand the differences between Medicare, Medicaid and Medigap, what each one covers and how to determine your eligibility. Medicare consists of two parts. Part A covers hospital care and a limited amount of skilled nursing care. Part B, which is optional, covers physicians’ costs and other medical services and supplies not covered by Part A. However, many seniors mistakenly assume Medicare covers many things that it does not. For example, Medicare does not cover routine checkups, vision and hearing care, dental care or custodial care. To get coverage for things Medicare does not cover, seniors can buy a Medigap policy, which is a private insurance plan. There are 10 different policies to choose from, and you need to study them to find out which one best suits your needs. One of the primary legal issues surrounding Medicare, Medicaid and Medigap is the denial of claims. Once a claim has been denied, many, if not most, seniors give up and assume there is nothing they can do. However, many of these denials are overturned on appeal. “For all of these, the deadlines for the appeal process are tight and the process can be frustrating,” said O’Leary. “But if you win the appeal, it can save you a lot of money in paid claims. If you really think you are right and that the claim is valid, it could well be worth your while to contact an attorney, or you may contact the Michigan Medicare/Medicaid Assistance Program at 1-800-803-7174.”

Long-Term Care Insurance Long-term care insurance can pay a certain amount toward care while you’re in a nursing home, assisted living facility or receiving in-home care. It’s expensive, but not nearly as expensive as an extended stay at one of the above facilities. “Just as Medicare won’t pay for nursing homes, it won’t pay for assisted living or in-home care either,” said Murphy. “In fact, most long-term care is private pay, and it’s expensive. Home health care costs are anywhere from $12 to $30 an hour. Assisted living runs $1,500 to $4,000 a month, and nursing homes are even more.” Long-term care insurance, if you can afford it and if you are insurable, offers protection against those costs. But be sure to get enough coverage. It doesn’t make sense to pay premiums and then be bankrupted by nursing home fees anyway because you didn’t get enough coverage. Find out the average daily cost of a nursing home in your region and get at least that amount of coverage, plus an inflation rider.

Michigan Generations

Consumer Fraud Doug Chalgian considers consumer fraud against seniors a hidden and growing epidemic. Chalgian is an certified elderlaw attorney in East Lansing and chair of the Elderlaw & Advocacy Section of the State Bar of Michigan, and he often represents seniors who have fallen victim to fraud. “Getting old is a frightening thing,” said Chalgian. “Running out of money is a frightening thing. Getting dementia is a frightening thing. A lot of people are using that fear inappropriately — using scare tactics to bully seniors into buying things they don’t want or need.” One of the most popular scams involves cooperation between a home improvement company and a finance company. The home improvement salesman stops by and convinces the senior his roof/siding/windows are about to disintegrate. To pay for the repairs, he convinces them to take out a second mortgage with his partner, the finance company, which charges an astronomical amount. Similarly, another scheme involves convincing seniors to consolidate their debt from credit cards and medical bills by taking out a second mortgage. The result is they have traded unsecured debt for secured debt, so now if they fall behind, the creditors can take their house. “I’ve seen seniors who have paid off their home of 40 years end up losing it to scams like this,” said Dan Bonner, managing attorney of the Muskegon Office of Western Michigan Legal Services. “It’s tragic.” Telemarketers and annuity salesmen also tend to prey on seniors. Here are some tips to avoid becoming a victim: • Never give out your Social Security number over the phone or to an inhome salesman. • Don’t ever buy anything when the salesman says you have to buy it now or you will lose the opportunity. • Never give out financial information over the phone to someone who calls you first. • Never pay anything to collect a “free” prize.

Fall 2004

• Never give out your bank card number. • If you do buy something from a salesman and later regret it, you have the right to rescind your decision for up to three working days. If you or a loved one are victimized by fraud, report it to your local Area Agency on Aging, and they will put you in touch with people who can help. You can also call your local police department or county prosecutor’s office. In Michigan, obtaining a vulnerable adult’s money through fraud or deceit is a criminal offense carrying penalties from 83 days in jail or a fine of $500 up to 10 years or more in jail and fines from $15,000 and up, depending on the amount of money stolen.

Elderlaw Resources SENIOR LEGAL HOTLINE OF THE STATE BAR OF MICHIGAN AND MICHIGAN PENSION RIGHTS PROJECT

1-800-347-5297; 517-372-5959 STATE BAR OF MICHIGAN LAWYER REFERRAL SERVICE

1-800-968-0738 www.michbar.org ADULT PROTECTIVE SERVICES HOTLINE

1-800-996-6228 STATE LONG-TERM CARE OMBUDSMAN

517-335-1560 NATIONAL ACADEMY OF ELDERLAW ATTORNEYS

520-881-4005 www.naela.com

Elder Abuse Unfortunately, strangers aren’t the only ones preying on seniors — often it is a trusted loved one. Indeed, according to the Michigan State Police, family members are the greatest source of elder abuse, which includes physical, psychological and financial abuse, as well as neglect. Too often, however, elder abuse goes unreported. “Seniors are very reluctant to come forward because the person who ripped them off was a loved one, often their own child,” said Bonner. “And they are embarrassed that they were duped, but the only thing they were guilty of was understandable trust.” Offenses range from relatively benign — an adult child “borrowing” some funds from his parent and “forgetting” to pay it back — to horrific — an adult child getting his parent to add his name to the deed of the house and then evicting the parent. Like consumer fraud, elder abuse crime in Michigan can and should be reported. The Family Independence Agency runs an Adult Protective SerContinued on page 19

AMERICAN ASSOCIATION OF RETIRED PERSONS

Statewide: 1-866-227-7448 (toll-free) Detroit area: 313-832-6846 www.aarp.org/mi/ MICHIGAN OFFICE OF SERVICES TO THE AGING

517-373-8230 www.miseniors.net HELPFUL WEB SITES

www.elderlawanswers.com www.medicarerights.org www.ltcinsurance.com www.abanet.org/aging/

Many seniors assume Medicare covers some things that it does not. 7

GUESTClose-Up INFORMED DECISIONS

Help is Just a

K C I L C

Away By Jeffrey Deitch, DO

mportant information for you and the older adults you care for is now accessible via the Internet. Information on the quality of care provided at nursing homes and home health agencies throughout Michigan and across the country is available free at Medicare’s website, www.medicare.gov. Nursing Home Compare and Home Health Compare are useful tools for Michigan’s 1.4 million Medicare beneficiaries and their families as well as the agencies that assist Michigan’s seniors on a daily basis. Consumers can obtain important information on the quality of care provided by Medicare-certified nursing homes and home health agencies. The Centers for Medicare & Medicaid Services (CMS), a federal agency of the U.S. Department of Health and Human Services, launched the Nursing Home Compare and Home Health Compare website to provide consumers with information about available services and quality of care and assist older adults in the decision-making process. The public can also call 1-800MEDICARE (1-800-633-4227) and ask for pamphlet information on choosing nursing home or home health care to be sent to them. As Medical Director at MPRO, Michigan’s Quality Improvement Organization, and as a practicing geriatrician and nursing home director, I know firsthand how agonizing the decision can be to place a loved one in a nursing home or find quality home health care. Decisions are critical, and often seniors and their families are confused when making what may be a quick decision concerning vitally needed care. I encourage my patients to prepare themselves with as much information as possible about nursing homes and home health care before decisions need to be made. Agencies assisting seniors should encourage them to discuss with their family the ‘what-ifs’ ahead of time. It’s always best to be prepared and not caught off-guard when decisions need to be made quickly. 8

Quality of care can differ among nursing homes and home health agencies. To make the best decision, seniors should talk to their family, health care provider, discharge planner or hospital social worker. I encourage consumers to call nursing homes and home health agencies and ask questions about the services provided. A variety of information is available via the www.medicare.gov website. Information can be accessed 24 hours a day, seven days a week. Also listed are the services provided by the state’s 431 Medicare-certified nursing homes and 208 Medicarecertified home health agencies. Those interested in looking up information should know what services they are likely to need. Then follow these steps: 1. Go to www.medicare.gov; 2. Select Nursing Home Compare or Home Health Compare; 3. Follow the step-by-step instructions on the website to find information about the nursing home and home health agencies in your area. Seniors without Internet access can call 1-800-MEDICARE (1-800-633-4227) to speak with a customer service representative who can answer their questions. As consumers review the results of their search, they should look for nursing homes and agencies that perform well in the services they need most. The Quality Initiative was launched nationally in November 2002 for nursing homes and was expanded to the nation’s home health care agencies in the Fall of 2003. CMS is also working collaboratively with the American Hospital Association and other key organizations on the rollout of hospital quality measures in early 2005. In addition to the quality of care information available at www.medicare.gov, the official Medicare website includes information on the following: • Prescription drugs and other assistance programs; • Information on choosing health plan options including Medicare + Choice and supplemental insurance plans in your area; • Complete information on Medicare Part A and B coverage; and • Participating physician directory. Remember, an educated consumer makes better informed decisions. Quality health care should never be taken for granted! MI JEFFREY DEITCH is Medical Director of MPRO. MPRO is under contract with CMS to protect the rights of Michigan’s Medicare beneficiaries. MPRO works with nursing homes, home health agencies, hospitals, physicians’ offices and managed care plans to ensure quality health care for Michigan seniors.

Michigan Generations

ASKtheExpert

Vonda VanTil

When Social Security Appoints

A RepresentativePayee What does Social Security do when someone cannot handle their finances any longer? IF THE PERSON IS RECEIVING SOCIAL

Security or Supplemental Security Income (SSI) checks and is unable to manage the benefits in his or her own best interest, Social Security will appoint a person, called a representative payee, to assume these responsibilities. A representative payee receives the Social Security or SSI benefits directly to them on behalf of the beneficiary. The payee makes sure that the funds are used for the personal care and well-being of the beneficiary. All correspondence is sent directly to the payee, and the payee agrees to report any changes in the beneficiary’s circumstances, such as a change in address, marital status, financial, direct deposit, etc.

How does Social Security ensure that the proper representative payee is chosen? WHENEVER POSSIBLE, THE PREFERRED

payee is a family member or friend who has shown interest in the well-being of the beneficiary, but the payee could also be an agency, organization or institution. There are many measures in place to ensure that

the proper payee is appointed. The first step in the process is a face-to-face interview with the applicant. The applicant is asked a series of questions about themselves and the beneficiary they’re applying to be a payee for. Following the interview, a form is sent to the beneficiary’s doctor to assist in determining if a payee is needed. If the beneficiary is living in a nursing home, assisted living, adult foster care home, etc., a form is sent to the institution to determine if the applicant visits, calls, is listed as an emergency contact, etc. Finally, a form is sent to the beneficiary informing them that someone has applied to be their payee, allowing them ample time to challenge the decision.

Is power of attorney the same as being a representative payee? NO, SOCIAL SECURITY DOES NOT RECOGNIZE

power of attorney. This simply means that the same interview and precautionary measures are required before the person is appointed representative payee. The only exception is if the beneficiary has been declared legally incompetent by the courts and is appointed a legal guardian. In this case, the legal guardian still needs to file the representative payee application but can be appointed without the other precautionary measures.

Do you have a caregiving question?

What if a representative payee is not spending the beneficiary’s money properly?

Write or email your question to our

WHEN A REPRESENTATIVE PAYEE IS

“Expert” at: Jenny Jarvis,Area Agency on Aging 1-B, 29100 Northwestern Highway, Suite 400, Southfield, MI 48034; jjarvis@aaa1b.com.We will make every effort to answer your question in an upcoming issue of Michigan Generations.

Fall 2004

appointed, they are provided a pamphlet with complete information about the use of benefits; i.e., proper disbursement and how benefits should be conserved or invested. The payee must understand the fiduciary nature of the relationship, that benefits belong to the beneficiary and are not the property of the payee. The payee is informed about the penal-

ties for using the benefits other than for the benefit of the beneficiary and that an annual accounting is required. The beneficiary can request a payee change and report misuse allegations to their local office.

When does a representative payee need to return a check if the beneficiary dies? SOCIAL SECURITY BENEFITS ARE PAID A

month behind and are not payable for the month in which a beneficiary dies. This applies whether the person dies on the first or the last day of the month. Example: An individual passes away on July 30. The check received in August would have to be returned to Social Security because the individual did not live throughout the month of July. If the individual passed away on August 1, they would be entitled to the check received in August because the individual lived throughout the month of July. The legislative history of this provision does not show why benefits are not payable for the month of death. However, the provision complements the provision of the law that allows survivors’ benefits to be payable for the entire month of death.

How does a representative return any unnegotiated checks or remit funds to SSA? UNNEGOTIATED CHECKS CAN BE RETURNED

to a local Social Security office. That office will issue a receipt. A remittance must be in the form of a check or money order payable to the Social Security Administration. Include the Social Security claim number on the check or money order and send it to the local Social Security office or to the following address: MATPSC, PO Box 3430, Philadelphia, PA 19122-9985. VONDA VANTIL is Public Affairs Specialist with the Social Security Administration. 9

REGIONALNews In communities across the U.S.,

Area Agencies on Aging (AAAs) serve as gateways to local resources, planning efforts and services that help older adults remain independent. Here are the programs and services offered by Michigan’s AAAs.

1A Detroit Area Agency on Aging 1B Area Agency on Aging 1-B 1C The Senior Alliance 2 Region 2 Area Agency on Aging 3A Kalamazoo Cty.Human Services Dept.Region 3A 3B Burnham Brook Region IIIB 3C Branch-St.Joseph Area Agency on Aging IIIC 4 Region IV Area Agency on Aging 5 Valley Area Agency on Aging

6 Tri-County Office on Aging 7 Region VII Area Agency on Aging 8 Area Agency on Aging of Western Michigan 9 NEMCSA Region 9 Area Agency on Aging 10 Area Agency on Aging of Northwest Michigan 11 Upper Peninsula Area Agency on Aging 14 Senior Resources of West Michigan

14 6 4

3A 3B 3C

1A 1C

S POTLIGHT ON …

Upper Peninsula Area Agency on Aging Serving all 15 counties of Michigan’s Upper Peninsula

Volunteers Make Ombudsman Program a Success

eeting the needs of seniors in the Upper Peninsula provides many challenges. Administering a regionwide long-term care (LTC) ombudsman program is no exception. The ombudsman program was created to help address the quality of care and quality of life for people who reside in licensed nursing homes, homes for the aged and adult foster care homes. There are 33 nursing homes and approximately 160 homes for the aged and adult foster care facilities in the U.P. area. The AAA’s responsibility and challenge is to have an ombudsman presence at each of these facilities to assist residents in resolving concerns about care and 10

services, resident rights and safety, admission procedures and billing issues. To expand access with Sally Bruce limited resources, a volunteer ombudsman program was created and successfully piloted in the Upper Peninsula. Today the Upper Peninsula LTC ombudsman program utilizes 10 trained volunteers to assist residents in resolving problems and disputes. The volunteers work closely with nursing home residents, family counsels and facility staff to find solutions to problems. Volunteers are encouraged to meet with new residents of facilities as soon after admission as possible to distrib-

ute materials on residents’ rights and to answer questions. In return for their efforts, volunteers are provided with an initial orientation and ongoing quarterly training. Given the number of LTC facilities, many more volunteers are needed. In the words of one volunteer, “An ombudsman’s role is to instill upon the administration and staff of nursing homes that residents are people who do not have a choice in this part of their life, so they need to be treated with love and care.” To become an ombudsman volunteer, or for more information on the program, please call Sally Bruce toll-free at 1-866-485-9393. Michigan Generations

Detroit Area Agency on Aging Serving Detroit, Highland Park, Hamtramck, Harper Woods and the five Grosse Pointes in Wayne County

Bridging the Cultural Divide in Michigan

bout 4,100 elderly refugees have been resettled in Michigan within the last decade. Language difficulties and deep-seated cultural differences are just two barriers that may challenge them. Imagine the devastation of being frail and elderly and having to face such readjustment issues. In an effort to bridge the gap, Michigan’s Family Independence Agency’s Senior Refugee Assistance Project has entered into a direct partnership with four Area Agencies on Aging, including the Detroit Area Agency on Aging (DAAA). DAAA has developed a Senior Refugee Task Force that concentrates on the needs of the elderly within the Hmong, Iraqi and Bosnian communities. The Senior Refugee Support Project will serve approximately 1000 elderly refugees in Michigan. On August 19, 2004, DAAA and its Refugee Task Force sponsored the first of several workshops entitled “Bridging the Gap: Understanding the Cultures

An Iraqi-Chaldean session offers advice and information for assisting elder refugees.

and Assisting Elderly Refugees and Immigrants.” At this workshop, which took place at Sacred Heart Major Seminary in Detroit, a number of speakers offered advice and information concerning the well-being of elder refugees and immigrants. The workshop was designed to inform Detroit area service providers about the cultures of the Hmong, Iraqi Fall 2004

and Bosnian refugee communities. Workshop participants address the challenges of providing service to elderly from these communities, as well as review community resources and A workshop participant from Bosnia discusses the needs of elderly refugees. develop ways to more effectively due to linguistic and cultural barriers. assist older refugees. Refugee-specific services are being Often, elderly refugees from these developed to help these elderly communities are totally unaware of refugees and immigrants with their aging services. They are faced with

Refugee-specific services are being developed to help these elderly refugees and immigrants with their cultural transitions. other significant challenges such as unfamiliar laws and cultural practices, in addition to an entirely new language. However, this population is particularly vulnerable because of chronic health and emotional problems stemming from the conditions of refugee flight, family loss and separation. Additionally, they are unable to advocate for themselves because of cultural, language or educational barriers. The most serious difficulties experienced by the recent arrivals of older refugees are learning English, making enough money, finding a decent place to live, finding a job, missing friends and family and accessing health services. The significant increase of elderly persons overall in Michigan has resulted in a growing need for various programs and services. These services, such as community centers, outreach programs, citizenship and employment, are all available to refugees, but are often not utilized

cultural transitions. Some of those services include outreach into the ethnic communities, translation materials, companions to appointments, formal connections with mainstream providers and more. Since its inception, the Senior Refugee Assistance Project has experienced noted success. Future objectives include: • Linking all older refugees to mainstream aging services in their communities. • Creating opportunities for older refugees to live independently as long as possible. • Linking older refugees who have lost or are in danger of losing SSI to Naturalization Services. • Expanding or modifying current services to be culturally and linguistically appropriate for older refugees. For more information, call Randy Block, DAAA Senior Refugee Assistance Project coordinator, at 313-446-4444, ext. 5842. 11

Area Agency on Aging 1-B Serving the counties of Livingston, Macomb, Monroe, Oakland, St. Clair and Washtenaw

A Gift of Hope

rchie McCants lives alone in a small apartment at a senior residence in Farmington Hills. He manages day by day, and enjoys watching television, conversing with his neighbors and listening to his favorite radio station. However, Archie is unable to prepare meals for himself and is often alone on the holidays. Last Thanksgiving, Archie was one of the thousands of frail older adults who received a homedelivered meal compliments of the Area Agency on Aging 1-B. One of the

bringing fond memories of years gone by as well as a warm meal to homebound older adults. The Area Agency on Aging 1-B is able to provide over 7,000 holiday homedelivered meals through the generosity of the local commuRobert Rebtoy, assistant fire chief for Farmington Hills Fire Department, and his young assistant, Jason Buchin, deliver holiday meals in style. nity. You have the opportunity to give a frail older adult the gift of a warm Robert Rebtoy often uses his collection of antique cars to nutritious meal this holiday season by deliver meals, bringing fond memories of years gone by as making a donation to support Holiday Meals on Wheels. Donations can be well as a warm meal to homebound older adults. sent to the Area Agency on Aging 1-B, ton Hills Fire Department, and his best parts of Archie’s holiday is the 29100 Northwestern Highway, Suite young assistant, Jason Buchin, delivvisit by a volunteer who brings a 400, Southfield, MI 48034. ered the meal to Archie in Bob’s warm meal and the spirit of the holiFor more information on how an antique Model T. days into Archie’s small apartment. older adult can receive a holiday homeRobert Rebtoy has been a Holiday Last November, Archie received delivered meal, or how you can volunteer Meals on Wheels volunteer for over his meal in style as Holiday Meals on to deliver meals for Meals on Wheels, 20 years and often uses his collection Wheels volunteers Robert Rebtoy, call the Area Agency on Aging 1-B at of antique cars to deliver the meals, assistant fire chief for the Farming1-800-852-7795.

Winter Assistance for Frail Older Adults

he warm, colorful days of Fall are a good time to start preparing for the longer, colder days of Winter. For frail, lower-income older adults, there is assistance available to help with chore services such as replacing screens with storm windows, cleaning gutters, checking the furnace and snow removal during the winter months. The Area Agency on Aging 1-B (AAA 1-B) contracts with seven agencies across Oakland, Macomb,Washtenaw, Livingston, St. Clair and Monroe that provide these types of services to eligible older adults. Seniors requesting chore services 12

are asked to share in the cost of providing services. Cost-sharing amounts are based on a sliding scale determined by the individual’s gross annual income. No eligible individuals are excluded from receiving serv-

ices if they cannot contribute at the recommended level. Chores are performed by volunteers, subcontractors and even staff. Service is limited and is provided on a priority basis to individuals with the greatest need. For more information on chore services, contact the AAA 1-B’s Information and Assistance program at 1-800-852-7795.

Michigan Generations

Will or Will Not...

ore than 70 percent of Americans do not have a will. If you wish to direct the disposal of your estate after your death, and if you wish to make gifts from your estate, you must have a legal will — otherwise, the court determines the distribution of your estate. A will is a way to share your assets with family, friends and, if you wish, a charitable organization. Through careful planning, more of your assets can go to those individuals and institutions that have been important in your life. Because you are making a gift from a lifetime of accumulated assets, a simple bequest in your will allows you to make a much larger gift than you would have been able to make during your lifetime to a charitable organization that you support or to family and friends. You can bequeath anything of real

value — real estate, securities and works of art — not just money, allowing you to make choices in your estate planning. There are significant tax benefits that will accrue to your estate through bequests to a charitable organization, such as lowering tax liabilities and leaving more of your estate intact for your heirs.

The Area Agency on Aging 1-B recommends seeking the assistance of an attorney, accountant or tax consultant when preparing a will or considering other planned giving options to help you in determining what best fits your needs. To receive the brochure “Do You Need a Will?” contact the Area Agency on Aging 1-B at 1-800-852-7795.

Help is a Phone Call Away The Area Agency on Aging 1-B is the first resource for older adults, caregivers and persons with disabilities to call when looking to resolve problems or locate the resources they need to improve the quality of their life. When individuals call the toll-free Information and Assistance (I&A) service at 1-800-852-7795, they speak with a certified Information and Referral Specialist to determine what their needs are and the services and assistance available to address those needs. Once the needs are determined, the specialist accesses the I&A database of over 2,000 community agencies and mails the individual a complete listing of relevant services and providers in their local community. Call us. We can help.

1-800-852-7795

The Senior Alliance Serving caregivers and seniors in the 34 communities of southern and western Wayne County

Downriver Senior Olympics Soaring

ineteen years ago, Henry Dotson, then the Senior Center director from Taylor, and Donna Ayrhart, the director of the Lapham Community Center in Allen Park, met for a sandwich — and to discuss a new idea for the downriver community. Sketched on the napkins of a local Big Boy were the plans for a magnificent week of recreation they agreed to call the Downriver Senior Olympics, a huge midsummer competition for the elder downriver community. All seniors 55 and older were invited to participate, and within a few short years the 17 downriver communities averaged over 700 athletes annually to compete for gold, silver and bronze medals on Fall 2004

athletic fields throughout the downriver area. But while the number of participants increased, so did the need for funding. And by 2003, the Downriver Senior Olympics was facing financial crisis. Gary Burtka, Executive to the CEO Robert Ficano, heard about the situation and immediately stepped in. “I read an article in the Sunday News Herald,” Gary recalls, “that the Downriver Senior Olympics were being cancelled. R ight away I contacted Executive Ficano, who was quick to support the program. On Monday I was on the phone with Norma Hendin of the Senior Olympics Committee, and the program was back on.’’ Since then, Burtka, along with numer-

ous committee members, has worked very hard to secure Olympic sponsors. In 2004 these included Gold Sponsor Maple Heights, Bronze Sponsors Beltone Hearing, Melton Motors, The Senior Alliance and National City Bank, and many other event sponsors and contributors. Lena Amigh, an 86-year-old Senior Olympian from Southgate, was honored as the first medal winner to toss out the opening pitch at the August 5th Detroit Tigers Senior Day contest. “My goal,” says Lena,“was to toss a strong pitch representing a big thank-you from the Senior Olympics to the Detroit Tigers.” Just like Wayne County, the Downriver Senior Olympics Committee and their many sponsors, Lena came through in the clutch. For more information, contact The Senior Alliance at 734-727-2050. 13

Region 2 Area Agency on Aging Serving Hillsdale, Jackson and Lenawee counties

Collaborative Drug Therapy Management Initiative

he Region 2 Area Agency on Aging (R2AAA) and Brown’s Advanced Care Pharmacy are involved in a pilot project that develops a multidisciplinary approach to medication management in an at-risk senior population. This project is funded by a grant from Aventis, a pharmaceutical company. It initially focused on the development of evaluation tools and implementation strategies for patients with a diagnosis of Diabetes Mellitus. The screening process involved reviewing the medical charts of 115 R2AAA patients with a diagnosis of Diabetes Mellitus. In assessing the patients’ charts, a log was created for each patient’s current diabetic treatment regime. We were looking to

identify patients at the highest risk for complications. The screening found that of the 115 identified diabetic patients, 47 were insulin-dependent, 54 were taking an aspirin a day and 15 patients’ charts had a record of blood glucose but no documentation of Hemoglobin AICs or lipid values. The average number of medications taken per day per patient was 15. Duplication of medications was evident in many charts. Four physicians with a total of 13 patients in the diabetic group were asked to become active members on the multidisciplinary team. The physicians sent the most frequent lab values to R2AAA. Thus began a collaborative effort with the R2AAA staff, Brown’s Advanced Care pharmacists

and the physicians. This effort will be supported by educational seminars for the physicians, office staff, R2AAA and Brown’s Advanced Care staff — and ultimately will educate patients. Recommendations regarding patient care as a result of this multidisciplinary approach included changing or discontinuing medications, changing dosages, route of administration changes and monitoring recommendations. Upon completion of this initial project, we propose to utilize the multidisciplinary approach and the evaluation tools and implementation strategies developed for diabetes in the management of other diseases. For more information, call Ginny WoodBailey at the Region 2 AAA at 517-467-2204.

Kalamazoo Cty. Human Services Dept. Region 3A Covering Kalamazoo County and its 24 municipalities

Immunizations: They’re Not Just for Kids

r. Richard Tooker, Kalamazoo County’s public health physician, encourages adults to get recommended vaccinations — including an annual influenza vaccination, a Tetanus booster every ten years and a pneumonia vaccination. The main reason for this recommendation is that more older adults die from vaccine-preventable diseases than any other age group. Everyone age 50 and over should get a flu shot each Fall. Household

Information & Assistance. . . . . . . Caregiver Resource Center. . . . . 14

members, contacts and has several organizations caregivers of persons at collaborating to immuhigh risk, including the nize as many citizens as elderly and children from possible. These organizanewborn to 23 months, tions include Borgess should be vaccinated. In VNA Homecare, Bronaddition, health care son Home Health Care, workers, persons with United Nursing Service certain chronic conditions and the Kalamazoo such as emphysema, County Human Services asthma, COPD, bronchitis, Dr. Richard Tooker Department. Call the flu diabetes and renal dyshotline at 269-373-5300 function, and those with comprofor a list of flu clinics around the mised immune systems county. should check with their For more information, contact the 269-373-5173 physicians about getting AAA 3A at 269-373-5147. vaccinated. 269-978-0085 Kalamazoo County Michigan Generations

Tri-County Office on Aging A consortium of Clinton, Eaton and Ingham counties and the cities of Lansing and East Lansing

Consumer Choice: Meals on Wheels

he Tri-County Office on Aging’s (TCOA) nutrition program places a high priority on choice in regard to the meals consumers receive. For over three years the Meals on Wheels program in Clinton, Eaton and Ingham counties has provided an entree option. Each week an entree option is listed

Tri-County seniors enjoy selecting their Meals on Wheels entrees.

on the monthly menus that consumers receive. The consumer can then call the office to request the entree option for one or more days of the week — all five days if they wish. Every effort is made to ensure that the optional entree is not the same as the planned daily entree. For example, an optional pork entree is never used if pork is one of the planned entrees for the week. Prior to this flexible system, if a consumer did not like the entree, they would cancel the meal or not eat the food. Now consumer satisfaction is higher because consumers are given a choice in their meal selection. For over 20 years TCOA’s Meals on Wheels program has recognized the need for special diets and pro-

vided appropriate meals for chronic conditions many seniors experience. All meals are low-sodium. The meal options for special diets include low-fat, diabetic and mechanicallyadjusted food. During the assessment of a consumer’s meal needs, the consumer conveys information about chronic disease or special diet restrictions. A letter is sent to the consumer’s doctor, including a section regarding special diets. TCOA uses over 1800 volunteers to deliver meals daily, so the system of special diets and entree options needs to be easy and clear. A sack lunch for the evening meal is also an option for consumers. For more information, contact the TriCounty Office on Aging at 517-887-1440 or toll-free at 1-800-405-9141.

Branch–St.Joseph Area Agency on Aging IIIC Serving a two-county area surrounding Sturgis, Three Rivers, Coldwater and Quincy

Extra Money to Buy Groceries

he Region IIIC Area Agency on Aging is pleased to announce that the MiCAFE (Michigan’s Coordinated Access to Food for the Elderly) program has expanded to Branch and St. Joseph counties. MiCAFE assists seniors in applying for the Food Assistance Program (FAP), formerly known as food stamps. MiCAFE volunteers, called application assistants, are the heart of the project and provide the important link between seniors and the application process. At four participating senior centers across Branch and St. Joseph counties, application assistants provide confidential, private one-on-one appointments to help seniors apply for Fall 2004

food assistance benefits. At the appointment, assistants use online technology to complete the application, help organize paperwork, photocopy documents, mail the application and inform seniors about other nutrition programs and services in their community. The personal touch an application assistant offers is often the key factor in the decision-making process for sen-

iors when they are considering applying for benefits. As Mrs. Benjamin, a senior from St. Joseph County, recently experienced, “I just didn’t feel comfortable filling out the application all by myself. I got confused.” But when she found out that her local senior center, where she attends craft classes, offered assistance, she quickly looked into the program. “They made the process much less confusing, and I ended up with $40 each month to help pay for my groceries.” (Benefit amounts vary on an individual basis.) For more information, call the BranchSt. Joseph AAA (IIIC) at 517-279-9561, ext. 137, or toll-free 1-888-615-8009. 15

Burnham Brook Region IIIB Serving Barry and Calhoun counties in Southwest Michigan

Battle Creek Begins “Aging in Place” Project

urnham Brook is initiating a project that will place Battle Creek on the national map as an innovator in designing a model community for our older residents. This agency is one of nine organizations across the country that are participating in a national demonstration project titled “Aging in Place.” For Battle Creek this project will involve a community engagement and planning process focused on improving livability for older adults. The process will include defining strategies and developing a blueprint to improve community human service systems, access to needed health care, housing, arts and cultural experiences and other important community components.

Burnham Brook will lead a local process of discussion, visioning and goal setting, engaging community leaders from nonprofit, business, civic and philanthropic arenas to develop a comprehensive plan to make our community elder-friendly. Communities taking part in this new approach will create national models for other cities across the country, while launching visionary local initiatives based on thoughtful study and design. The initiative is sponsored by the National Association for Area Agencies on Aging and Partners for Livable Communities, who will provide technical assistance and resource materials to facilitate the local process. At the end of the

project the local community will have: • A broader awareness of aging resources and the opportunities that the approaching aging demographic offers. • A team of local powerful stakeholders focused on addressing aging issues. • A designed demonstration project that illustrates locally driven objectives. • A five-year plan to build an elderfriendly community. For more information on the Burnham Brook Region IIIB AAA, call 269-966-2450.

Area Agency on Aging of Western Michigan Serving Allegan, Ionia, Kent, Lake, Mason, Mecosta, Montcalm, Newaygo and Osceola counties

An AdvantAge random telephone survey conducted among people age 65 and older will seek scientific results based on questions of what older adults want and need from their community. Results will be used to determine how elder-friendly Grand Rapids is, and how it compares to a national average of similar Grand Rapids Police Chief Harry Dolan at the kick-off event. surveys. “The goal is to promote successful aging not only are preparing for a doubling of the by developing services to help older senior population over the next 25 adults, but also by determining how years. Meeting several times in the they choose to give back to the comcoming months, the community advimunity,” says Tom Czerwinski, director sors will probe issues such as civic of AAAWM. involvement, public safety, transportaFor more information, call the Area tion, health care, employment, housing, Agency on Aging of Western Michigan at education and financial security. 1-888-456-5664.

Preparing for Growing Senior Population

ith one of every 10 persons over the age of 60 in Kent County, many are asking what it takes to make an elder-friendly community. Those involved with the Community for a Lifetime initiative are on a quest to find out. Sponsored by the Grand Rapids Community Foundation and the Area Agency on Aging of Western Michigan (AAAWM), Community for a Lifetime is taking a holistic approach to tapping talents and meeting needs of a fast-growing older adult population. Community for a Lifetime involves 100 community advisors from all walks of society, including Grand Rapids Police Chief Harry Dolan and Grand Rapids Mayor George Heartwell, who 16

Michigan Generations

Region VII Area Agency on Aging Serving Bay, Clare, Gladwin, Gratiot, Huron, Isabella, Midland, Saginaw, Sanilac and Tuscola counties

Specialized Information and Assistance Training Promotes Collaboration

iversity describes Region VII and its senior population. Some seniors are isolated in northern rural Clare County; some live on Lake Huron; while others live in the city of Saginaw. Geographic and cultural differences are a challenge for people who disseminate information and answer important senior-related questions at commissions on aging and the area agency. The Region VII Area Agency on Aging strives to improve service and the quality of information for area seniors, their families, professionals and caregivers. Older persons, family members, caregivers and providers should be quickly linked to appropriate resources

in the network of services that support in-home independent living. Trained information specialists should provide reliable and consistent information. Information should be given in the most direct and seamless manner possible to connect callers with services that meet their needs. With these goals in mind, information personnel are collaborating in regional training sessions. The Region VII Area Agency on Aging held its first roundtable discussion groups in December and May, with representatives from nine area organizations in attendance. The role of local county agency information was highlighted as an important piece of the national aging network. Future

roundtables will focus on improving the quality of information and information-giving over the 10-county area by developing important skills and sharing all of the various county information tools. Region VII’s Certified Information and Referral Specialist in Aging, Mary Leininger, is encouraged by the enthusiastic response displayed by the participants. She states, “This is an excellent first step. Collaboration among agencies throughout the region ultimately improves service. Information and Assistance at Region VII will continue to focus on customer service.” For more information, call the Region VII Area Agency on Aging at 1-800-858-1637 or visit our website at www.region7aaa.org.

NEMCSA Region 9 Area Agency on Aging Covering 12 counties of Northeast Michigan

Legal Services for Seniors

he late Ronald Reagan provided us a shining example of what a person past age 70 can accomplish (that is, before he also showed us what difficulties may lie in wait for us in our older age). And many families in the United States do, indeed, respect their oldest members. But the downside of being old in America is inescapable — being pandered to by politicians, ignored by family members, overcharged by drug companies and regarded as prey by an unsavory collection of con men and criminals. There are societies in which the elderly are traditionally venerated for their wisdom and experience and given a place of honor in every home. The Fall 2004

United States is not always one of them. In America a large percentage of seniors are simply shoved out of the way by the younger tide surging up behind them. Legal Services of Northern Michigan (LSNM) is a nonprofit corporation and law firm that provides free legal assistance and representation to lowincome residents of the Upper Peninsula and the Northern Lower Peninsula. LSNM provides a full range of legal services in many civil law cases where you can’t afford an attorney. These services include basic discussion of client rights, legal counseling, preparation of letters, documents, wills and pleadings, negotiations, trials and, in

some cases, appeals. To qualify for services you must reside in one of the 36 counties served by LSNM and meet incomeeligibility guidelines. If you are 60 years of age or older, you may qualify regardless of income. To obtain services contact your local Area Agency on Aging or the Senior Citizens Project at 1-800872-8432. If you live too far from one of the LSNM offices or you lack transportation, Legal Services can offer assistance over the telephone. If you are homebound, home visits can be arranged. LSNM is funded in part by Legal Services Corporation, Michigan State Bar Foundation, Office of Services to the Aging and Area Agencies on Aging Regions 9, 10 and 11. For more information, call the Region 9 AAA at 989-356-3474. 17

Area Agency on Aging of Northwest Michigan Offering information and funding senior services in the 10-county area of Northwest Lower Michigan

“In Step” with Health Program

he Area Agency on Aging of Northwest Michigan (AAANM), in partnership with Kalkaska County Commission on Aging (COA), has received a grant through the Michigan Office of Services to the Aging (OSA) that will support a pilot program focusing on physical activity and nutrition education. “Steps to Healthy Aging: Eating Better & Moving More” is a program developed for the Older Americans Act Senior Nutrition Programs. The goal of the program is to encourage older adults to become more physically active and to promote good nutrition. The program uses step counters to promote walking, with weekly goals established (and moni-

Volunteer Addie Trombley (left) instructs participants in proper warm-up techniques.

tored) to encourage increased physical activity. The nutrition portion of the program highlights many topics of importance to healthy aging. Older adults of all fitness and health levels are invited to participate in the 11-week program. Each weekly

session includes a halfhour nutrition lesson, followed by a half-hour lesson on physical activity. “Eating Better & Moving More” encourages even small changes in physical activity and nutrition, as any change can help improve or maintain quality of life. This program seems ideal because it offers health-promoting activity in a supportive environment and can be easily implemented in any group setting. If the pilot proves successful in Kalkaska County, other Region 10 nutrition providers and senior centers will be encouraged to incorporate the program into their regular activities. To learn more about the program, contact AAANM at 1-800-442-1713 or OSA at 517-373-4095.

Region IV Area Agency on Aging Covering Michigan’s Great Southwest including Berrien, Cass and Van Buren counties

GIFT Program Lends a Hand to Caregivers and Families

espite is the gift of personal time. GIFT is also the name of a new program through the Region IV Area Agency on Aging. Giving Individuals Free Time began earlier this summer and has already provided help to 35 families. The GIFT program offers caregivers the precious gift of time — personal time to take care of other commitments or just to relax and recharge. Caring for a loved one who cannot be left alone is a 24-hour-aday, seven-days-a-week commitment that can be both physically and emotionally exhausting. Respite from these caregiving 18

program, he was able to obtain three days of outresponsibilities of-home respite. is what the “Within four GIFT program to five hours of is all about. his call to us, we Through the were able to get GIFT program, him vouchers,” vouchers are says Cindy Duran, given to the Jean Tvetmarken (left), care services supervisor, and RN and GIFT procaregiver for Cindy Duran, RN and GIFT program coordinator, gram coordinator. in-home or look over the brochure for the GIFT program. “This has been a overnight way for caregivers to take advantage respite and adult day services. of services when they have not done On one particular call for help, a so before.” man needed to attend his brother’s For more information on the GIFT funeral but could not afford to pay for program, contact the Senior Info-Line at 24-hour care for his wife, who had 1-800-654-2810. multiple sclerosis. Through the GIFT Michigan Generations

Senior Resources of West Michigan Located on the shores of Lake Michigan, serving the three counties of Muskegon, Oceana and Ottawa

Senior Centers Provide Activities and Support

“T

he Center is a wonderful place for my mother. She goes daily. It is a safe place with good food and things to do. Without it, her life wouldn’t be so full. She depends upon it.” These words were spoken by a daughter whose mother attends the Grand Haven Senior Center. What goes on at local senior centers? Socialization is one of the most important things. Participants interact with their peers, share experiences, dine with others and enjoy crafts, card games and other activities. Many centers sponsor trips, offer educational opportunities and promote healthy lifestyles through exercise programs. The Muskegon County “City Centres” are offering a 12-week program

called “Steps to Healthy Aging.” Through this program, participants are encouraged to count their steps using a pedometer and work toward a gradual increase in activity level. There are also “diet tune-up” classes on key nutrients that are often overlooked as we age. “The seniors are having so much fun, and so many have told me this is just what they needed to get moving more,” says director Sharon TerHaar. Centers like the North Ottawa Council on Aging in Grand Haven also provide services such as case coordination and support, information and referral, tax assistance, prescription drug information, homemaking and transportation services. Meals on

Wheels, prepared elsewhere, are delivered to shut-ins by volunteers from the center. Evergreen Commons in Holland, the largest center in this region, serves over 4,000 older adults each year. The former school building now houses an adult day health program, a fitness room, a swimming pool/spa, a cafeteria and full modern kitchen and a wood shop. There are rooms available for activities and private conferences. Although senior centers come in various sizes, they all provide activities, information and support to the people who attend. For information on centers in this area, call Senior Resources of West Michigan at 231-739-5858 or 1-800-442-0054.

Elderlaw Rights

lawyers in private practice who tend to focus on estate planning and financial planning. Then there are lawyers who serve low-income seniors, and they tend to be located in legal services offices. These attorneys often deal with fraud, elder abuse and Medicaid appeals.” To find an elderlaw attorney in your area, you can contact the National Academy of Elderlaw Attorneys (which has both private and public sector lawyers in its membership) at 520-881-4005 or www.naela.com. You can also ask for names from the State Bar of Michigan, which has two sections that specialize in elderlaw — the Probate & Trust Section and the Elderlaw & Advocacy Section. You can reach the State Bar lawyer referral service at 1-800-968-0738 or www.michbar.org.

and their families and give legal advice and referrals to elderlaw attorneys. The service is free to Michigan seniors age 60 and older, regardless of income. Seniors can also access the Michigan Pension Rights Project through the hotline. Pen-

Continued from page 7 vices Hotline at 1-800-996-6228. In addition, there are legal aid attorneys serving every county who can help. Your local Area Agency on Aging can put you in touch with one. “Often we have been able to sue and get the senior’s money back,” said William Knight, executive director of Lakeshore Legal Aid in Clinton Township. “We’ve gone in and proven that there was undue influence over the senior and they were coerced into doing something they would not have chosen to do freely. We’ve had fairly good success correcting some of the mistakes seniors have made.”

Locating an Elderlaw Attorney Keep in mind: An elderlaw attorney is not necessarily an expert on every facet of elderlaw. You need to find an attorney who regularly handles matters in your area of concern. “There are two big divisions within elderlaw,” said O’Leary. “There are Fall 2004

Visiting an elderlaw attorney can give you peace of mind.

Exercise Your Rights An excellent resource for elderlaw assistance is the Senior Legal Hotline run by the State Bar of Michigan. It is staffed by attorneys who take calls from seniors

sion rights staffers can help seniors locate companies they used to work for, prepare the paperwork to see if they qualify for a pension and write appeals if pensions have been denied. To reach the Senior Legal Hotline, call 1-800-347-5297. “There are so many facets to elderlaw, and some areas can be quite complicated,” said Murphy. “Even if you think you have all your legal ducks in a row, you could be doing yourself and your loved ones a big favor by visiting an elderlaw attorney and going over everything. It can give you real peace of mind.” MI 19

Nursing Home Rights In 1987 Congress enacted the Nursing Home Reform Law that has since been incorporated into the Medicare and Medicaid regulations. In its broadest terms, it requires that every nursing home resident be given whatever services are necessary to function at the highest level possible. The law gives residents a number of specific rights: 1. Residents have the right to be free of unnecessary physical or chemical restraints. 2. To assist residents, facilities must inform them of the name, specialty and means of contacting

the physician responsible for the resident’s care. 3. When a resident experiences any deterioration in health, or when a physician wishes to change the resident’s treatment, the facility must inform the resident and the resident’s physician, legal representative or interested family member. 4. The resident has the right to gain access to all his or her records within one business day, and a right to copies of those records at a cost that is reasonable in that community. 5. The facility must provide a written description of legal rights, explaining state laws regarding living wills, durable powers of attor-

ney for health care and other advance directives, along with the facility’s policy on carrying out these directives. 6. At the time of admission and during the stay, nursing homes must fully inform residents of the services available in the facility, and of related charges. 7. The resident has a right to privacy, which is a right that extends to all aspects of care. 8. Residents have the right to share a room with a spouse, gather with other residents without staff present, and meet state and local nursing home ombudspersons or any other agency representatives.

9. Residents also can get up and go to bed when they choose, eat a variety of snacks outside meal times, decide what to wear, choose activities and decide how to spend their time. 10. Residents may bring personal possessions to the nursing home such as clothing, furnishings and jewelry. 11. Nursing home residents may not be moved to a different room, a different nursing home, a hospital, back home or anywhere else without advance notice. 12. The resident has a right to be free of interference, coercion, discrimination and reprisal in exercising his or her rights.

SPONSORS Gentiva Health Services

Visiting Physicians

Serving clients in Lansing, Jackson, Flint, Saginaw, Grand Rapids, Kalamazoo, Muskegon and Southfield. Call today to set up your personalized home care services. 1-800-322-7111.

Providing compassionate, high-quality medical care in the home. We serve communities across Michigan, Ohio, Chicago, Atlanta and Milwaukee. Services are covered by Medicare and most other insurances. Call 1-877-HOUSE-CALL or visit www.visitingphysicians.com.

Health & Home Services Unlimited, Inc. Care, companionship and peace of mind. In-home or wherever your residence may be! We specialize in meeting your needs — from personal care to home maintenance. Insured and bonded. 1-800-314-8718.

Whirlpool Corporation Whirlpool Corp., the global leader in home appliances, proudly serves and sponsors agencies that help people live their lives to the fullest.

Thanks to these companies and organizations for their generous support. For more information on becoming a sponsor of Michigan Generations please call Jenny Jarvis at 248-262-9202 .