Bifocal Vol. 33, No. 5, May - Jun. 2012

Bar Associations in Focus on Aging and the Law

Journal of the Commission on Law and Aging

Inside

ABA Home Commission Home Subscribe to Bifocal Join Elderbar Contact Us

63 David English Appointed Chair of ABA Commission

62 Summer Law Clerks Welcomed64 Anthony R. Palermo Receives

Pickering Award65 White House Highlights Financial

Exploitation of Elders, Announces Elder Abuse Initiatives

67 Book Review: Divorce in the Golden Years

68 Do I Really Need a Will?69 National Aging and Law

Institute Registration, Scholarships Available

71 Elder Law Day Program Keeps Focus on Rights

Commission onLaw and Aging

Commission onLaw and Aging

ABA Commission on Law and Aging Wins Award for Universal Power of Attorney Guide

The ABA Commission on Law and Aging is the recipient of the 2012 ClearMark Award for Legal Documents for its

universal power of attorney guide and form Giving Someone a Power of Attorney for Healthcare.

The ClearMark Awards are given annually by the Center for Plain Language to honor the best in clear communication and plain language. The awards recognize documents and Web sites from government, non-profits, and private companies that succeed in com-municating clearly.

The ABA Commission’s Giving Someone a Power of Attorney for Healthcare is a 5-page guide and 5-page form that works together to help adults understand the

process of planning for future health-care de-cisions and choose a person to be their health care agent should they become incapacitated due to illness or injury. The booklet was writ-ten by Charles P. Sabatino, director of the ABA Commission on Law and Aging, with the help of more than a dozen legal consul-tants around the country and the Center for Clear Communication. The Center’s presi-dent, Carolyn Boccella Bagin, developed the award-winning presentation style.

The free booklet offers a simple durable power of attorney for health care and is de-signed to meet the legal requirements in nearly all states. Access the guide on the Web page of the ABA Commission on Law and Aging.

Download your free copy of Giving Someone a Power of Attorney for Your Health Care at www.americanbar.org/aging

Giving Someone a Power of Attorney For Your Health Care

A Guide with an Easy-to-Use, Legal Form for All Adults

Prepared by

The Commission on Law and Aging American Bar Association

BIFOCAL May - Jun. 2012 62 Vol. 33, No.5

BIFOCALBar Associations in Focus on Aging & the LawJournal of the American Bar AssociationCommission on Law and Aging

CommissionersJeffrey J. Snell, ChairmanWalter T. BurkeHon. Grace G. ConnollyDavid M. EnglishLynn Friss FeinbergMaria GreeneAlison HirschelEric A. JonesRichard C. Milstein Anthony R. Palermo William L. PopeGloria C. RamseyRobert L. RothDorothy SiemonDr. David Werdegar

Board of Governors LiaisonCharles E. English

StaffCharles P. Sabatino, DirectorErica F. Wood, Assistant DirectorLori A. StiegelLeslie B. FriedDavid GodfreyJamie PhilpottsSonia M. ArceTrisha Bullock

EditorJamie Philpotts

BIFOCAL, ISSN 0888-1537, is published six times a year by the ABA Commission on Law and Aging, 740 15th St., N.W., Washington, DC 20005. The views or opinions expressed herein do not necessarily represent the policies of the American Bar Association unless specifically adopted as such. Questions? Contact the Commission at (202) 662-8690, or see our Web page at: www.americanbar.org/aging

© 2012 American Bar Association. All rights reserved.

Reprint and Reproduction RequestsAll ABA content is copyrighted and may be reprinted or reproduced by permission only. In some cases, a fee may be charged. To protect the integrity of our authors’ work we require that articles be reprinted unedited in their entirety. To request permission to reprint or reproduce any ABA content, go to http://www.americanbar.org/utility/reprint.html.

Inside the Commission

ABA Commission Welcomes Summer Law Interns

Samantha Breakstone is a rising third-year law student at Case

Western Reserve University School of Law. She will graduate in spring 2013 with a Juris Doctor and a Master’s degree in bioethics. Ms. Breakstone received her B.A. from Vanderbilt University in 2009, with a double major in Psychology and Medicine, Health and Society (Vanderbilt’s interdisciplinary public health and bioethics major). She followed that with an internship in the elder abuse unit of the Kings County District Attorneys Office in Brooklyn, New York, where she became interested in legal issues pertaining to the prosecu-tion of elder abuse. This summer Ms. Breakstone is working with senior attorney Lori Stiegel on a paper ad-dressing barriers to the prosecution of criminal elder neglect.

Adrienne Lyon is a rising third-year law student at Catholic

University of America in Washington. Ms. Lyon received a B.S. in architec-ture from the University of Michigan

and a Master’s of Architecture from the University of Virginia.

Prior to law school, Ms. Lyon worked as an architect in Washington and Baltimore. During that time, she also volunteered at Habitat for Hu-manity. There Ms. Lyon developed an interest in affordable housing is-sues, which ultimately lead her to law school.

In the summer of 2011, Ms. Lyon worked as a summer law clerk at AARP Legal Counsel for the Elderly, in Washington. There, she worked on landlord-tenant cases and helped clients obtain reasonable accommo-dations, essential housing repairs, and affordable housing vouchers.

Currently at the Commission, Ms. Lyon is working, under the su-pervision of senior attorney David Godfrey, to research liability issues relating to “Villages”—grassroots organizations that provide services to aging adults who want to remain in their own homes. When Ms. Lyon graduates in the spring of 2013 she hopes to find work as an elder law at-torney.

Samantha Breakstone

Adrienne Lyon

BIFOCAL May - Jun. 2012 63 Vol. 33, No. 5

Inside the Commission

University of Missouri Law Professor Appointed Chair Of the ABA Commission on Law and Aging

tion council and group chair in charge of the elder law/disability group of committees. In his capacity as a del-egate for the Real Property section, Prof. English has spoken frequently to the House on resolutions sponsored by the Commission on Law and Ag-ing. As a Uniform Law Commissioner for the state of Missouri, he was in-volved in the drafting of numerous uniform acts directly relevant to the legislative projects and educational work of the Commission on Law and Aging, including the 2007 Uni-form Adult Guardianship Jurisdiction Act (Reporter), the 2000 Uniform Trust Code, and the 1993 Uniform Health-Care Decisions Act. He was a member of the drafting committee on the Uniform Power of Attorney Act, the Uniform Anatomical Gift Act, and an advisor on the Uniform Guardian-ship and Protective Proceedings Act. In his position as executive director of the Joint Editorial Board for Uniform Trusts and Estates Act, Prof. English has oversight responsibility for all uniform legislation relating to aging and disability issues.

David M. English, the William Franklin Fratcher Endowed Pro-

fessor of Law at the University of Missouri-Columbia, has been named Chair of the American Bar Associa-tion Commission on Law and Aging.

Professor English has dedicated much of his career to the legal issues s u r r o u n d -ing aging and disabil-ity. Within the ABA, he has held numer-ous leadership p o s i t i o n s ,

including on the Section of

Real Property, Trust and Estate Law (RPTEL), and Commission on Dis-ability Rights (formerly Commission on Mental and Physical Disability Law). Currently, Prof. English repre-sents the RPTEL section in the House of Delegates and is a member of the section’s executive committee. He was previously a member of the sec-

David English

National Legal Resource Center

Find Out About the Programs and Services of the NLRC

at www.NLRC.AoA.gov

Professor English begins his three-year term on September 1, 2012, replacing former chair Jeffery Snell, of Sagamore Hills, Ohio. Mr. Snell also is very active within the ABA and has served on the Section of Individual Rights and Responsi-bilities, the Senior Lawyers Division, and the SCOPE committee, among others. Under Mr. Snell’s leadership the ABA Commission on Law an Aging created significant policy on numerous critical legal issues affect-ing the elderly.

Established in 1979, the Com-mission on Law and Aging serves as the ABA’s public interest conduit for examining and addressing emerging law-related issues of aging. The Com-mission’s mission is to strengthen and secure the legal rights, dignity, autonomy, quality of life, and quali-ty of care of elders. It carries out this mission through research, policy development, technical assistance, advocacy, education, and training. Fifteen appointed experts from mul-tiple disciplines plus an experienced elder law staff comprise the Com-mission.

BIFOCAL May - Jun. 2012 64 Vol. 33, No.5

Inside the Commission

The Consumer Financial Protection Bureau’s Office

for Older Americans is pleased to announce a new project to produce a set of concise, plain language guides for “lay fiduciaries.” The Bureau awarded the contract to the ABA Commission on Law and Aging to produce a national guide, four state-specific guides, and a replication manual for other states. The ABA Commission has a substantial track record producing materials for consumers on financial decision-making, guardianship, elder abuse, and other key topics.

These user-friendly “how-to” guides will be for agents under powers of attorney, guard-ians, trustees, Social Security representative payees, and VA fiduciaries. They will explain what a fiduciary does, as well as record-keeping, prudent invest-ment requirements, limitations on comingling funds, and other critical basics to manage a vul-nerable adult’s money.

In addition to this essen-tial guidance on how to handle another person’s finances, the guides will teach lay fiduciaries to spot financial exploitation and protect assets from unfair, de-ceptive, and abusive practices by third parties.

We anticipate publishing these guides in 2013 and mak-ing them available online and in hard copy format. For more in-formation on the project, contact Naomi Karp at naomi.karp@cfpb.gov

—Naomi Karp, JD, Consumer Financial Protection Bureau,

Office for Older Americans

American Bar Association News

Anthony R. Palermo to Receive Pickering Award

Mr. Anthony R. Palermo will receive the 2012 John H. Pick-

ering Achievement Award at the ABA Senior Lawyers Division An-nual Dinner in Chicago.

The John H. Pickering Achieve-ment Award was established in 2007 in recognition of Mr. Pickering’s bril-liant legal work, his advocacy of pro bono service, his dedication to the cause of equal justice for all, and his promotion of the highest standards of ethics and professionalism in the law. Mr. Pickering was chair of the ABA Commission on Law and Aging, from 1985 to 1999, and continued to serve as special advisor and liaison.

The Pickering Achievement Award recognizes lawyers who have demonstrated outstanding legal abili-ty, and have compiled a distinguished record of service to the profession and their communities, resulting in sig-nificant contributions to improving access to justice for all.

The award is cosponsored by the ABA Senior Lawyers Division, Com-mission on Law and Aging, Section of Individual Rights and Responsibil-ity, and the Standing Committee on Legal Aid and Indigent Defendants.

Anthony R. Palermo, the 2012 Pickering Award recipient, has been active in numerous organized bar activities, including as a member of the ABA Commission on Law and Aging. He has served over several decades in local, state, regional and national levels, including elective of-fices of: president, Monroe County Bar and New York State Bar, New

Anthony R. Palermo

York state delegate, member of the Board of Governors of the American Bar Association, ABA Secretary, and ABA House of Delegates member for more than twenty-five years. His efforts helped to establish court-regu-lated lawyer registration in New York and led to the creation and funding of the New York Clients’ Security Fund, of which he served as founding chair from 1981-1985.

His work in the public sector be-gan in 1956 at the U.S. Department of Justice as a trial attorney in the In-ternal Security Division, followed by appointment as assistant U.S. attor-ney in Manhattan from 1958 to 1960, then designation as AUSA-in-charge in Rochester in 1961. He became a Fellow of the American College of Trial Lawyers in 1974 and, since 1999, has been Of Counsel at Woods Oviatt Gilman LLP in Rochester.

Mr. Palermo is listed in current and previous editions of Who’s Who in America, Who’s Who in American Law, Who’s Who in the World, and The Best Lawyers in America.

BIFOCAL May - Jun. 2012 65 Vol. 33, No. 5

Marking the first time the White House has recognized World

Elder Abuse Awareness Day, on June 14, 2012, the White House Office of Public Engagement, with the U.S. Department of Health and Human Services through its Administra-tion for Community Living, the U.S. Department of Justice, and the Con-sumer Financial Protection Bureau hosted an historic conference on el-der abuse. Led with heartfelt passion, warmth, and humor by Kathy Green-lee, assistant secretary for aging and administrator for the Administration for Community Living, the event fea-tured nationally recognized figures and leading experts from govern-ment, banking, and the field of elder abuse who commemorated the 7th World Elder Abuse Awareness Day and underscored the increasing prob-lem of financial exploitation of elders.

The excitement in the room was palpable even before high-ranking ad-ministration officials began making a series of electrifying announcements.

The tone was set when Jon Car-son, director of the White House Office of Public Engagement, shared the news that President Obama had proclaimed June 15, 2012, as World Elder Abuse Awareness Day, “call(ing) upon all Americans to ob-serve this day by learning the signs of elder abuse, neglect, and exploita-tion, and by raising awareness about this public health issue.” Then Kath-leen Sebelius, secretary of the U.S. Department of Health and Human Services (HHS), revealed that the ad-ministration would establish the Elder Justice Coordinating Council and that HHS would provide $5.5 million in funding to states and tribes to pilot test elder abuse, neglect, and exploi-

tation interventions. [The funding announcement and grant application instructions and other information may be downloaded from http://www.aoa.gov/AoARoot/Grants/Funding/index.aspx. Applications are due on July 31.]

These initiatives implement pro-visions of the Elder Justice Act, which became law as part of the Patient Protection and Affordable Care Act. James Cole, deputy attorney general of the U.S. Department of Justice (DOJ), disclosed that three DOJ entities—the Elder Justice Initiative, Office for Victims of Crime, and Access to Jus-tice Initiative—would coordinate on the “Missing Link Project” to develop training on elder abuse for legal aid lawyers. All legal services lawyers would receive the training thanks to

Ricker Hamilton, director of the Office of Elder Services, Maine Department of Health and Human Services, at podium.

Continued on page 65

Elder Abuse

White House Highlights Problem of Financial Exploitation of Elders, Announces New Elder Abuse Initiatives

By Lori A. Stiegel, Senior Attorney, ABA Commission on Law and Aging

BIFOCAL May - Jun. 2012 66 Vol. 33, No.5

the “essential cooperation” of Legal Services Corporation president Jim Sandman. Richard Cordray, director of the Consumer Financial Protection Bureau, reported that to inform its policy-making and to “fix what is not working” the Bureau would be seek-ing information on elder financial exploitation, including certifications or designations of financial advi-sors who serve older persons. The link to the Bureau’s Request for In-formation, which closes on August 17, is https://www.federalregister.gov/articles/2012/06/19/2012-14854/request-for-information-regarding-senior-financial-exploitation.

Later in the day Tony West, acting associate attorney general, highlight-ed many of the important activities that DOJ has undertaken to support efforts to prevent and prosecute elder abuse, neglect, and exploitation, as well as its own criminal and civil ac-tions against providers of inadequate long-term care.

During his rousing closing re-marks, Hubert H. (Skip) Humphrey, assistant director, Office of Financial Protection for Older Americans, Con-

White House Event

Continued from page 65

sumer Financial Protection Bureau (and former member of the ABA Commission on Law and Aging), announced that the Bureau would be supporting the development of a set of user-friendly “how-to” guides for lay fiduciaries (agents under powers of attorney, guardians, trustees, Social Security representative payees, and VA fiduciaries) (see page 64 in this issue of Bifocal).

Not all the announcements came from federal agencies. Daniel Lude-man, executive vice president of Wells Fargo and president of Wells Fargo Advisors, announced that Wells Fargo would soon partner with the U.S. Administration on Aging to launch training initiatives intended to help create a national response to el-der financial abuse.

Three panel discussions fol-lowed the morning’s announcements. Featuring an array of government officials, financial services industry representatives, and elder abuse ex-perts, the presenters discussed the connections between financial ex-ploitation and other forms of elder abuse; the impact of financial exploi-tation on health, and health care costs; and promising practices for recogni-tion of exploitation and intervention by the financial services industry,

U.S. Senate Also Recognizes World Elder Abuse Awareness Day

Thanks to the leadership of Sen. Richard Blumenthal

(D-CT) and Sen. Mark Kirk (R-IL) and the assistance of Sens. Durbin (D-IL), Kohl (D-WI), Nelson (D-FL), Rockefeller (D-WV), and Wyden (D-OR), the U.S. Senate adopted by Unanimous Consent a resolution (S. Res. 492) recognizing June 15, 2012 as World Elder Abuse Awareness Day.

adult protective services, consumer protection agencies, and federal and state prosecutors.

The ABA Commission on Law and Aging was well-represent-ed. Commission member Alison Hirschel, director Charles Sabatino, assistant director Erica Wood, and senior attorney/elder abuse project di-rector Lori Stiegel were honored to be among those invited to attend the event.

To watch the White House WEAAD commemoration, visit the following Web sites:

http://www.youtube.com/watch?v=-X0N4rL__tc&feature=context-chv http://www.youtube.com/watch?v=49g5h-x1sGg&feature=context-chv http://www.youtube.com/watch?v=29zuVUtrUjI&feature=context-chv http://www.youtube.com/watch?v=6K2zeBkvc74&feature=context-chv

Waiting to get into the White House event.

BIFOCAL May - Jun. 2012 67 Vol. 33, No. 5

Divorce in the Golden Years is a well- researched and clearly written book

addressing the unique issues of divorce in later life. I recommend this book without reservation for family law attorneys who occasionally represent older clients and for elder law attorneys who occasionally advise a client in a divorce matter.

The book opens with chapters on non-probate assets, intestacy, and wills and estate plans. These are seemingly odd topics for a book on divorce, but the author explains that there are two things that can go wrong in a divorce in later life. First, an older client is more likely to die during the pendency of a divorce. Secondly, jointly owned assets, beneficiary designations and estate plans often need to be changed at the time of divorce. While some beneficiary designations are revoked by a divorce, some are not. The im-pact on joint ownership and existing estate plans varies widely. The book provides excellent guidance on how to spot the issues and help your clients make changes and avoid unwanted outcomes.

Older adults are more likely to have created advance health care directives and powers of at-torney. The book reviews the most common types of directives and describes the process for revok-ing and updating these documents as part of a divorce. These steps are a very important part of a divorce, as few people really want their ex-spouse making health care decisions or having access to their assets.

The book also concentrates on core divorce issues of equitable distribution and spousal sup-

port in light of complicating factors more likely to be present for an older couple. Clients in later life are more likely to own homes, be vested in retirement plans, and have savings and invest-ments. The book examines why these issues

require special attention for older clients and lon-ger term marriages. The text moves onto issues of division or apportion-ment of retirement plans. Again, in these areas, the text provides exten-sive references to federal law and the laws in all 50 states. Lastly the text covers Social Security benefits for divorced spouses.

The appendices in-clude state law charts and a practice check list rounding out this very well researched and documented book. The appendices are included on CD, making it easier

to adopt things like the check list in everyday practice.

This book is a valuable reference that will endure for a good number of years.

Note: Author Leslie Ann Shaner is sched-uled to co-present a workshop titled “What Aging Advocates Need to Know About Family Law” at the 2012 National Aging and Law In-stitute, November 8-10, in Washington. Go to: www.NAELA.org for details.

Book Review

Divorce in the Golden Years: Estate Planning, Spousal Support, and Retirement Issues for Clients at Midlife and Beyond

By Leslie Ann Shaner, ABA Publishing (2010), $139.95

Review by David Godfrey, Senior Attorney, ABA Commission on Law and Aging

BIFOCAL May - Jun. 2012 68 Vol. 33, No.5

There are many good reasons to create a last will and testament

(will) prior to death. First, it allows you to specify who will inherit your estate. In the absence of a will (or a trust or other arrangement to pass your assets at death), a state law sets forth designations as to who will re-ceive your assets. If you are married, live in a community property state and the bulk of your estate is com-prised of community property, your spouse will inherit most or all of your estate. If you have a significant amount of separate property you wish to convey to others, the distribution to your spouse may trump some of your wishes in the absence of a will. If you live in a separate property state and die without a will, the laws of that state will distribute your estate, of-ten to persons who you may not even know or have intended to receive it.

With proper planning, a married couple in 2012 can currently pass up to ten million dollars in assets to their beneficiaries free of federal estate tax. This requires the inclusion of a special tax saving trust inside your will, which will take effect on the death of the first to die spouse. States often impose a state estate tax on a smaller estate, and the amount you

can pass free of federal estate tax is due to change in 2013, so you should check with your attorney to be certain that the plan you have in place takes full advantage of all possible ways to minimize estate tax. Donations to charitable organizations can also be included in a distribution plan for your assets.

If you and your spouse die and your children are under the age of 18, the probate court will appoint a guardian to manage these assets until they reach majority, and will normal-ly appoint the person you select. The guardian and attorney will be paid out of the funds you intended for your children until such time as they reach age 18. When the children reach ma-jority, they will receive their full share of the estate. If you think back upon your level of maturity at age 18, you may agree that inheriting a large sum of money at that point in time might not have been the best incen-tive to continued stability. There is an option, which is a relatively simple trust for your children.

With a properly drafted will, you may create a trust held for the benefit of the children. You may designate a guardian to manage health and per-sonal care, but also name a bank, relative, or close friend as trustee, and direct that the trust be paid out in increments at whatever age you feel appropriate. Our firm often uses a trust, which pays income at age 21, and a percentage of the principal at ages 25 and 30. In our experience, at age 21, children are likely to be in college and will have need for some income from the trust. At age 25, we

recommend distribution of some por-tion of the principal of the trust, as children at that age are likely to be getting married or having children of their own, and could use some addi-tional funds. Finally, we disburse the remainder of the trust when the chil-dren reach age 30, believing that, at age 30, they might know what to do with the money. You can set up these trusts in any fashion you wish, to disburse at any ages. Importantly, in addition to set distributions, the trust can be designed to permit the trust-ee to withdraw principal prior to the distribution intervals for the child’s medical, educational, or maintenance needs. Trustees can also be empow-ered with various levels of authority to handle the assets.

Wills can also include specific provisions to permit assets to be set aside for your disabled spouse or other beneficiaries with special needs and disabilities. By making these arrangements, your disabled beneficiary may receive supplemen-tal services not available under state and federal programs from the trust, while still protecting their ability to maintain eligibility for benefits under critical public benefit programs. This is not only important to protect a dis-abled spouse, but also for parents with disabled children and grandparents whose estate is set to be distributed to a child who has a disabled child. If the parent of a disabled child dies prior to the death of the grandparent, many estate plans will pass the share of the deceased child to that child’s children, and so directly to the disabled grand-child. This could cause the disabled grandchild to lose needed medical, housing and income benefits.

To determine what arrangements are best for you and your specific cir-cumstances, always seek the advice of competent legal counsel who are experienced in estate and disability planning.

Richard L. Sayre, CELA, is a mem-ber of the National Academy of Elder Law Attorneys. This information is provided as a public service and is not intended as legal advice. Such advice should be obtained from a qualified elder law attorney. To find one in your area, visit www.NAELA.org and select “Find An Attorney.”

Elder Law Practice

Do I Really Need a Will?

By Richard L. Sayre, CELA

BIFOCAL May - Jun. 2012 69 Vol. 33, No. 5

Save the Date

2012 National Aging and Law Institute: “The Post Election Special Edition”

November 8-10, 2012, Washington, D.C.

The National Aging and Law Institute provides elder and special needs law professionals an unparalleled oppor-

tunity to learn, network, and engage with leaders within the field. Several advanced educational sessions on vital topics, such as health care, Medicare and Medicaid, guardianship, public benefits, practice management, consumer issues, housing, income/estate tax planning, special needs planning, and ethical issues that all professionals face makes this con-ference one you can’t afford to miss.

Take advantage of what will be an exceptional confer-ence experience, incorporating innovative ideas for creating the solutions to help you meet the needs of your clients. The National Aging and Law Institute is a merger of the NAELA Advanced Fall Institute and the National Aging and Law Conference. It is hosted by the National Academy of Elder Law Attorneys and a coalition formed by the American Bar Association Commission on Law and Aging, the Center for Medicare Advocacy, the National Senior Citizens Law Center, the Center for Social Gerontology, the National Consumer Law Center, the AARP Foundation, and the National Association of States United for Aging and Disabilities.

More information and registration details are avail-able at www.naela.org, and will be included in upcomng issues of Bifocal and on the Elderbar listserve.

Hotel Reservation: Omni Shoreham Hotel

Rate: $199/per nightGroup Code: 12400611063Telephone: (202) 234-0700There is no guarantee that rooms will be available, so

please book as soon as possible. Don’t delay in making your reservations. Washington hotels are busy this time of year with election activities.

AARP Foundation Scholarships Available

The AARP Foundation is awarding 11 AARP Foun-dation Litigation Jerry D. Florence scholarships in

the amount of $1,000 each to pay for registration and the cost of travel expenses to attend the 2012 National Aging and Law Institute. Scholarship recipients are re-sponsible for all additional travel costs in excess of the scholarship amount.

The AARP Foundation established this scholarship fund in the name of Jerry D. Florence, who served as the Director of the AARP Foundation for two years be-fore dying suddenly at the age of 57 on November 28, 2005. Mr. Florence was a leader who was quickly able to envision how a new idea could transform the lives of AARP’s members. He delighted in finding ways to help others, while his energy, positive attitude, and easy smile touched many hearts. The AARP Foundation is proud to continue the memory of this visionary through scholarships for advocates at this conference.

Consideration will be given to all applicants for the AARP Foundation Litigation Jerry D. Florence Schol-arships; however, priority will be given to applicants who:

• Have not previously attended NALI or NAELA’s Advanced Fall Institute.

• Demonstrate financial need.• Provide legal services or advocacy to older

persons.Scholarship applications are available online here

or go to: http://www.naela.org/app_themes/public/PDF/Meeting%20PDFs/Scholarship%20Application%20NALI%202012.pdf.

Please note that 2011 scholarship recipients are not eligible to apply. Completed applications can be submitted via e-mail (naela@naela.org) or faxed to 703-563-9504. For questions about the scholarship, please contact 703-942-5711 or email awatkins@naela.org.

Scholarship applications are due by August 3, 2012.

BIFOCAL May - Jun. 2012 70 Vol. 33, No.5

Resources

Resources to Protect Against

By David Godfrey, Senior Attorney, ABA Commission on Law and Aging

A few months ago, I received a bill on a credit card that I had not used in months. Someone had used it to or-

der $129 in pay-per-view services. I had become a victim of identity theft, one of the fastest growing consumer crimes.

I was lucky in that I knew how to respond. I phoned the credit card company immediately. In addition, the theft had been limited to one credit card. Thieves can just as easily steal multiple credit accounts and then open new accounts in the victim’s name.

Identity theft has become so ubiquitous that it is critical for all of us to know how to protect against it and how to respond when it happens. To help consumers, the Federal Trade Commission has posted several new resources on how to spot identity theft and what victims should do.

• Taking Charge: What to Do If Your Identity Is Stolen is a handbook with tips about protecting your information. It includes instructions, sample forms, and letters to help recover from theft. (http://ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.pdf)

• Safeguarding Your Child’s Future is a guide to help parents and guardians protect a child’s infor-mation and repair damage caused by theft. (http://ftc.gov/bcp/edu/pubs/consumer/idtheft/idt08.pdf)

• Identity Theft: What To Know, What To Do is a brochure covering the basics: how to avoid and respond to identity theft. (http://ftc.gov/bcp/edu/pubs/consumer/idtheft/idt01.pdf)

All of these resources are available in English and Spanish. They are free and available online at here (or go to: http://www.ftc.gov/bcp/edu/microsites/idtheft2012/).

You may also order print copies, free of charge, from the Web site. These are good resources for outreach organiza-tions and to have on offer in your client waiting areas.

Get Connected, Stay Connected on Elderbar

Join Elderbar, the listserve that brings together public and private sector legal advocates and the

aging network. Elderbar is for you if you are an:• Elder law attorney• Title III-B legal services provider• Legal services developer• Senior hotline attorney or staff• Long-term care ombudsman• Senior Health Insurance Benefits

Program staff• Area agency on aging staff• State unit on aging staff• OAA-funded elder rights

advocate• LSC, IOLTA-funded, or other non-profit or

public sector legal services organization• Law school elder law or clinical staff• State or local bar association elder law

section or committee • Service provider in the aging network• National law and aging advocateElderbar gives you the opportunity to commu-

nicate across the boundaries of the law and aging networks and the public and private legal sectors. Share ideas and information about programs, bar section and committee activities, and learn how others are responding to the increasing demand and finite funding for legal services for seniors.

Elderbar is a project of the ABA Commission as part of its role in the National Legal Resource Center, funded by the Administration on Aging. It is a closed list; messages can only be posted and read by members.

To get connected to Elderbar send your name, e-mail address, and professional affiliation to david.godfrey@americanbar.org.

BIFOCAL May - Jun. 2012 71 Vol. 33, No. 5

ning. She stressed that it was not just about making a will, but identifying a person you trust to make personal health or financial decisions for you if you become unable to make them for yourself. She recounted her ex-periences with numerous families in crisis who call and ask for her help. Many of these problems could have been avoided with planning. Ms. Wildhack referred the group to a number of useful and free resources, including the ABA Commission on Law and Aging’s online universal health care power of attorney.

The day’s headline speaker was the Honorable Joanne F. Alper of the 17th Judicial Circuit Court. In an engaging presentation, Judge Alper described Virginia’s court system, in-cluding the different kinds of courts and their jurisdictions. She also spoke about the seriousness of scams being perpetrated on seniors. “Sometimes you can recover from a knife wound faster than you can a financial crime,” Judge Alper cautioned.

State Senator Barbara Favola provided the audience with statistics about Virginia’s growing elder popu-lation and encouraged seniors to use their political muscle to make sure their issues are brought to the fore-front.

Following a ten-minute program break, the Honorable Theo Stamos,

newly elected Common-wealth Attorney, described the function of her office. She explained that the job of the Commonwealth’s At-torney, not to be confused with the attorney general, was to prosecute crime. Ms. Stamos noted that her office had 15 prosecutors, but also 11 victims witness advo-cates, whose job it is to help victims of crimes under-stand the services that are available to them and what to expect in the court room.

The 35th Arlington Bar Asso-ciation Elder Law Day event

drew a packed crowd to the Central Library auditorium. The program was scheduled for several hours, but it went by very quickly. You could tell the audience was en-gaged by all the questions they had for the speakers.

This event could serve as a model for your Elder Law Day pro-gram. Following are a few things I observed that contributed to the success of this event: • Locate the program in a place

that is easy to access and familiar to the audience.

• Coffee and cookies are a big draw!

• Have a personable host, who is familiar with the audience and knowledgeable about their issues and the community.

• Invite engaging speakers and ask them to limit their remarks to a specific topic.

• Include plenty of time for questions from the audience.

• Include breaks for people to stretch and use the rest room.

• Invite the audience to com-plete an evaluation form after the program, so you can build on what was successful and make adjustments for aspects that were less so. According to the program’s

organizers, planning for this early summer event began in the fall. This included securing the speak-ers; locating and reserving space; and lots and lots of outreach!

Bar Updates

Elder Law Day Program Keeps Focus on Rights

By Jamie Philpotts

On May 17, the Arlington County, Va., Bar Association, with

partners from the county government and Legal Services of Northern Virginia, hosted the 35th Annual Senior Law Day. The focus, which was the ABA’s 2012 Law Day theme, was “Elder Rights: No Courts, No Justice, No Freedom.”

The free program, held at the county’s Central Library, drew a large audience. Light refreshments and informational exhibits geared to-ward the interests of seniors drew a large crowd.

Moderating the event was elder law attorney Elizabeth Wildhack, co-chair of the law and aging sec-tion of the Arlington County Bar Association. Ms. Wildhack opened the program by asking Terri Lynch, director of Arlington’s Area Agency on Aging, to read the official procla-mation declaring May 17 Senior Law Day in Arlington and the month of May as Older Americans Month.

In her remarks, Ms. Wildhack talked about the importance of plan-

Attorney Elizabeth Wildhack, Sen. Barbara Favola, Judge Joanne Alper, and Commonwealth’s Attor-ney Theo Stamos.