The Connecticut Elder Law Blog

Connecticut's "Filial Responsibility" Law

Concerns about "filial responsibility" or creating a legal obligation for children to financially support their parents, has recently surfaced as a national concern (with good reason) in the nursing home / Medicaid context.

Much to my surprise, it turns out that Connecticut is one of the 30 states with such a law.  I say "surprise" because in nearly 15 years of practice I have never heard of the Department of Social Services citing or enforcing this law.  Nonetheless, it is on the books, so you should be aware of it.

On the bright side, it is not as troubling as other state laws since it creates a legal obligation to support indigent parents who are under age 65.  That means it's not a concern for the vast majority of families in Connecticut facing nursing home placement issues.  Still, it could be an issue for some families if the State ever begins enforcing this law.

On the down side, it does carry a prison sentence if the support duty is not fulfilled without good cause. 

Click here for an online Forbes article on this topic.

Click here for the statute itself.

Alzheimer Association's "Caregiver Center"

The Alzheimer's Association just launched its much-anticipated "Caregiver Center", which is a comprehensive online resource.  

I particularly like the way they break the caregiving information down into early, middle and late-stage caregiving.  You can tell a lot of thought went into this website.

Click here to check out the Center.

New Website

I'm happy to announce that our new website is officially up and running.  Click here to take a look.

New CT Law for VA Aid & Attendance Benefits

I'm happy to report that Governor Malloy recently signed a bill into law which mandates that the State ignore any income from the VA's Aid & Attendance pension benefit program when determining eligibility for several government programs.

Fortunately, the list of government programs includes Medicaid, SAGA cash, the Connecticut Home Care Program for Elders and the State Supplement for SSI!

VA's "Aid & Attendance" Often Overlooked

When planning for the financial aspects of long-term care, don't forget to explore "Aid & Attendance Pension" benefits offered by the Veterans Administration.  This is certainly not something to pooh-pooh since the cash benefits can go as high as $30,480 annually.  The benefits under this program were enhanced in 2010.

The basic eligibility requirements are...

1.    90 days of active-duty service, one of which was during wartime;

2.    Limited assets and income;

3.    You were not dishonorably discharged;

4.    You need regular assistance from another person;

5.    You are permanently and totally disabled, or over the age of 65.

Please take another look at #5 and note that, contrary to popular belief, the disability does not have to be service-related.  In fact, there has been no need for the disability to be service-related since 1920.

I also want to point out that the name of this program is misleading; this is not like a conventional pension since it requires a disability (or over 65) and it is means-tested.  But it is like a normal pension in the sense that it delivers a cash amount to you every month.

I found a nice write-up on the particulars of this program here.

National Alzheimer's Plan is Off and Running

President Obama signed legislation in January 2011 which called for a national plan to address Alzheimer's Disease.  On May 15th the "National Alzheimer's Plan" was unveiled and it hones in on five main goals, perhaps the most ambitious of them: prevent and treat Alzheimer's by 2025.

It's a relief for me, my clients and their families to see this initiative really get off the ground.  Alzheimer's is truly one of the worst diseases out there and it's clearly time for a strong, comprehensive effort to address this national health crisis.  Now comes the tough part; making sure that the plan realizes forward progress on a long-term basis.

All the details of the plan, including all of the planning that led up its finalization is here.