PUHI — “Jessie’s” husband was diagnosed with cancer just days after signing paperwork that gave her power of attorney over her property and her husband’s treatment options.
“I had just completed the Senior’s Law seminar, and we went the next week to sign the legal papers,” recalled the 74-year-old Kaua‘i widow.
A week later, he passed.
Yet there she was, eight years later, at yesterday’s Senior Law Day, updating her skills.
“I might have to make some changes to my paperwork,” she smiled.
Protecting the wealth and health of Kaua‘i’s kupuna was the focus of Senior’s Law Day at the Kaua‘i Community College Performing Arts Center here.
Nearly 270 seniors and concerned citizens gathered to hear the latest on Medicare-discount cards, identity-theft scams, the legalities of dying in Hawai‘i, and how to save family property from being swallowed by the government.
“Knowledge is power,” said James Michael Ratcliffe, a lawyer and director of Kaua‘i’s Senior’s Law Program, a government-sponsored, legal-education program that offers “donations-only” legal advice and paperwork to Kaua‘i’s senior community.
“Many things are designed to take the power from seniors,” Ratcliffe said. “We’re all about keeping the power in their hands as long as possible.”
For example, seniors should do their research before spending any money on Medicare “discount cards,” a recent rash of which are being advertised via everything from junk mail to television.
Late last year, Pres. George W. Bush signed into law the Medicare Prescription Drug, Improvement and Modernization Act of 2003, and the first step of the act was to allow Medicare beneficiaries to enroll in a Medicare-approved discount card program.
The only problem with these cards is that not every pharmacy accepts them, Ratcliffe warned. For example, Ratcliffe called three Kaua‘i pharmacies listed on the government’s approved-provider list, to see if they would offer the drug discount advertised on the government Web site, pricecomparison.medicare.gov.
“None of the three knew anything about the listed discount prices,” Ratcliffe said. “They all said that they couldn’t sell their product for that listed price and that they hadn’t contracted with anyone.”
In other words, he said: check with your local pharmacies before buying into a discount program.
Local identity-theft expert and County Councilman Mel Rapozo scared a few seniors smart after informing them that their identities could be stolen in a matter of moments — and their bank accounts cleaned out, too.
Phony bank machines, solicitors calling for detailed “updated” information over the phone, computer hackers — all these stalk seniors on a regular basis, Rapozo said.
The solution: “If there’s one thing you take out of here today, (it’s) don’t give any information over the phone,” he warned.
University of Hawai‘i-Manoa Law School Professor Jim Pietsch, who also lectures at the UH Medical School, focused on the importance of having some kind of legal instruction available for doctors and family, should a senior become seriously ill and require end-of-life care.
“Seventy percent of Hawai‘i’s seniors don’t have an advanced-health-care directive,” Pietsch said.
That means the 70 percent of Hawai‘i’s seniors, if hit with a sudden, catastrophic illness, could find their loved ones squabbling over how they should be dealt with, and even who should pull “feeding” tubes.
“Trust me, folks, I’ve seen this kind of thing happen over and over,” Pietsch warned.
“Get an advanced-health-care directive for end-of-life care. Ninety percent of doctors don’t know about this. They’re always looking for someone to make a decision in the case of catastrophic illness.”
Living wills are passé, Pietsch warned, because they require patients be fatally ill and that the illness be certified by two doctors.
“Most doctors are reluctant to sign off on these things,” he said.
New laws, however, make designating a surrogate an easy matter when a patient can’t make their own decisions, he said.
“It takes only 10 seconds to tell your doctor who you want to act as your surrogate,” he said. “It takes another few minutes to fill out a power of attorney.”
The audience at yesterday’s seminar contained people from eight to 80, and all could benefit from the information, said Ratcliffe.
Perhaps the most important investment a person can make in their lifetime is the purchase of a home, which, if not protected, could be considered an “asset” by the state and used to pay for long-term-care bills.
Protecting property, while getting Medicaid to take care of one’s long-term-care bills, requires proper planning and strategizing.
Otherwise, Ratcliffe said, children could take each other to court, or long-term bills could wipe out hard-won property, or a property owner could lose control of their holdings and be kicked to the proverbial curb.
But with something like a “life-estate remainder,” Ratcliffe said, “you’re the boss of your property during your lifetime.”
New laws also make some living trusts obsolete, Ratcliffe said, and “joint tenancies” might work better, or even a life-estate remainder.
“The laws keep changing constantly, so this is a good way to keep updated, especially those who have property,” said one attendee and Kaua‘i property owner.
Phil Hayworth, business editor, may be reached at 245-3681 (ext. 251) or mailto:phayworth@pulitzer.net.
