the website of Lisa Nachmias Davis, of the firm of
Davis O'Sullivan & Priest LLC, Attorneys at Law

CT ELDER LAW LINKS PAGE
LAST UPDATED COMPLETELY September 25, 2013 - updaed Feb. 6, 2014

Search entire site of sharinglaw.net (opens in a new tab):
TO USE THIS PAGE: (if you don't know the layout) - hit "CTR+F" to find something specific. Otherwise, LOOK AT THE INDEX -- "core primary sources" has a sub-index at the top.
  LINK TO INDEX for this page
  LINK TO CORE PRIMARY SOURCES INDEX
  LINK TO KEYCASES PAGE or the CONSUMERLINKS page
  LINK TO DSS EMAILS AND MEMORANDA
  HOW TO JOIN MY LISTSERV for CT elder lawyers
  TO PURCHASE THE ELDER LAW ANSWER BOOK 3RD

"PDF" requires use of
free Adobe Acrobat -
BREAKING NEWS: 10/1/13: No more scanning center for LTC apps. READ MEMO. 7/1/13: no more W-1F, new W-1LTC and no more central scanning location, instead 4 regions, scanning center only for redeterminations. (thanks, Steve Allaire and Barbara Reynolds.) Note: for state supp., mail to scanning centers.
Read more in
DSS applications and planning section.
PA 13-234 Sec. 128 imposes TRANSFEREE LIABILITY to nursing homes, imposed on the recipient of a gift that result in a penalty period; Sec 129 imposes liability on those who wilfully don't pay "applied income" (see explanation). See also PA 13-218 on the partial return of a gift. Effective date 10/1/13
New Practice Book Rules (PDF) start 7/1/13.!!!! Notice, service of documents etc. are now required, NO FAX FILINGS. READ RULES. NEW FORMS EFF. 7/1 Quick link to site. Quick link to FORMS or DIRECTORY (PDF) (FASTER than the locations page)
Lopes v. Commissioner (2d Cir. 2012): spousal annuities permitted / not counted as resources! (PDF) See also DSS implementing email (from CT-NAELA website).
PA 12-208 -- VA aid & attendance pension DISREGARDED for purposes of numerous Medicaid and other programs, including state supplement, QMB, and home care program income limits. (Remember, other income issues for the home care program and other Medicaid programs may also be solved with a pooled trust.)
PIB 12-02 (PDF) DSS Transmittal re: new rules on processing apps
Quick link to PA 11-176, Undue Hardship Statute and to PA-11-236, revisions to nursing home discharge and transfer statutes ("self-pay" does NOT include T19 pending!)
Marc Shok email re: income tax refunds as exempt assets (courtesy Lea Shedd); see also CMS Bulletin on this topic (PDF) - NOTE - EXPIRED 12/31/12
POOLED TRUST "program information bulletin" 4/15/09 (PDF)
4/2007 proposed changes to UPM -- includes procedure pages- 130 pages - long download. NOTE: changed in 2/11/09 responses.See DSS RESPONSES 2/11/09 (PDF) (102 pages).
The LAW: see DRA showing updates to prior law (courtesy of Tim Takacs) plus amendment by Tax Relief & Health Care Act of 2006.

Note:  This information is maintained to benefit the elderly in Connecticut and nationwide by providing a resource to attorneys, caregivers, and others assisting the elderly.  However, accuracy and currency are not guaranteed. USE AT YOUR OWN RISK.
Please report changes, errors, and suggestions to
Lisa Davis. Thanks.

or = relatively new addition to this page = Tech Help (Click HERE for tech Q&A)

Links to CBA section sites may require login using a CBA login and password unless you have already logged in

CORE PRIMARY SOURCES OF LAW
(and
"key numbers") (with sub-index)

CONNECTICUT ELDER LAW RESOURCES NATIONAL ELDER LAW RESOURCES
GENERAL LEGAL RESEARCH SOURCES
and other useful tools
CBA Elder Law Section
Home Page
SELECTED SEARCH ENGINES
ELDER LAW: OTHER STATES

INTERNET MAILING LISTS
CT Elder Law Discussion 

E-NEWS SUBSCRIPTIONS


    CORE "PRIMARY SOURCES" OF LAW FOR CONNECTICUT ELDER LAW ATTORNEYS

DSS Applications and Planning Tools
Key Numbers
Federal Statutes Pending federal legislation Federal regulations and policy Federal Taxes Federal Courts and Cases State Statutes Pending state legislation State regulations and policy State
Taxes
State Courts
and Cases


DSS APPLICATIONS and PLANNING TOOLS -
(DSS forms are in large PDF files due to shading)
NOTE: DSS is putting more forms on its website, although not usually in fillable form.
Check the DSS Publications Page - Applications to be sure the form below is the current version and to check for newer forms. Finally-- DSS now has online ordering for forms.
If a member of CT NAELA -- check the
Forms page (login first) (sorry, must join NAELA + CTNAELA)
Selected
DSS memoranda and other communications
Non-Long Term Care Application W-1E (rev 2013)
Long-Term Care medicaid application W-1LTC (2013, replaces W-1F)
NOTE: Eff 1/1/13 you DO again submit to one of 4 regional offices and do again provide as much documentation as possible.
READ MEMO. For redeterminations and for state supp. apps (residential care homes) still send to DSS Scanning Center, PO Box 1320, Manchester CT 06045-9968. If initial date is important, bring to regional office. At varying times we are told, fax app. only, not attachments, and have SS# on each page (and any cover sheet). When you can fax the number is (860) 812 - 0022. If mailing, send certified mail and follow up on receipt
Spousal Assessment W-1-SA (fill-in form thanks to Steve Keogh)
W-1487 CHCPE Home Care request form (Word)- link to DSS site
W-1540 and other ANNUITY FORMS (thanks Joe Cipparone)
Ascend "level of care" determination form (thanks Joelen Gates)
W-168 Verification List (PDF)
W-1685 (rev 3/05) (fillable PDF)
W-858 (legally liable relative form) (PDF)
DSS "caretaker child" transfer of assets inquiry/response - SAMPLE (PDF)
Disability determination forms
W-300 and W-303 no longer needed for pooled trusts-- see DSS email - also see sample form to use instead for pooled trusts.
You must be a member of PLAN to use their forms.
Write me if you want to see the forms.
W-1QMB (new 2010 QMB application form -- made fillable by me (PDF) or CHECK DSS site
W-1ER (recertification form) FILLABLE courtesy of Michele Ann Palulis - thanks NOTE THAT UNTIL FURTHER NOTICE, redeterminations must be mailed not faxed, to: DSS Scanning Center, PO Box 1320, Manchester CT 06045-9968.
W-982 PCA-Waiver Request Form (made fillable, PDF) SEE: Pilot Guidelines (MS Word)
W-1130 ABI Waiver Request Form (made fillable, PDF)
CHCPD (CT Home care for disabled) application (remember, only 50 slots all filled)
W-979 Money Follows the Person Request Form (fillable,on DSS site, PDF)
PCA waiver provider application and other forms for those on this program
Rev.1/12/14 Compute CSPA spreadsheet in Excel OR use online (INTERACTIVE) OR if the interactive doesn't work or you use Firefox, try the online-noi link. (don't forget "Family allowance" if applicant has a minor child -- computation not included!. UPDATE FIGURES!
Compute value of Life Use spreadsheet in Excel 97(to age 100) (see also DSS table - PDF)
Deb Tedford's "formula" for computing prudent gifting during look-back period.
Excel or MS Word 2000 downloads. (BUT SEE transferee liability provisions)

An historical footnote:
DSS chart of AMCC and CSPA amounts from 1/91 to 7/08
TECH HINT 1
: PDF files are LARGE and slow; you may need to reboot / free up memory to view/print
TECH HINT 2
: spreadsheets should be DOWNLOADED and opened in Excel, formatting is lost if "viewed" with a plug-in. Right-click to "save" to hard-drive

NOTE: (1)
VA forms/info are below; (2) Social Security Administration fors/info are below

KEY NUMBERS

  Eff 1/1/2013 Eff 1/1/2014
Max CSPA (w/o hearing) $115,920 $117,240
Min CSPA  per Public Act 10-73 eff. 5/1/2010: $23,184 $23,449.8
Max MMNA (w/o hearing) $2,898/mo $2,931/mo  
Max home equity exemption if home not occupied by spouse or disabled or minor child $802,000 $814,000
  Eff. 7/1/2012  Eff 7/1/2013
"Average Monthly Cost of Care" penalty $11,183 $11,581
Min MMNA $1,891.25 $1,938.75
Shelter $567.38 $581.63
Utility allowance ("SUA") $668 10/1/12 $$694 eff. 10/1/13
SNF Personal Needs Allowance (MORE @ home) $60 $60
Other Transfer Penalties ($ = 1 month):     1/1/2012 Eff 1/1/2014
State Supp. (no cap; 24 month look-back) $500 $500
SSI (36-month cap; 36 month look-back)
(maximum benefit amount)
$710 living alone
$473 at home
$721 living alone
$481 at home
SAGA (no cap; 3-month look-back) $500 $500 cash; N/A medical
(no more SAGA medicad;
Husky D has no penalty)
Food stamps or "SNAP" (see chart)
max 1 year max 1 year: no asset
test unless income >
300% poverty so no transfer penalties

QMB entitles recipient to Medicare D (Rx) prescription help too. NO ASSET LIMIT, NO ESTATE RECOVERY. Check Center for Medicare Advocacy or medicare.gov on Part D. Click for list of "benchmark plans" premium covered by DSS - 2012 (PDF).
Home Care Program limits:
ctelderlaw.org; DSS chart - categories 1-2 now have 7% copay!!!
Kate McEvoy Public Initiatives (VERY BIG PDF, last updated Jan. 2012)
Lisa Davis simplified "updates" of Kate's document (October 2013):
CHCPE Limits in generall: Assets 1/1/14: $35,172/single, $46,896/couple. CHCPE Cat. 3 (Medicaid waiver) income cap: $2,163 (1/1/14-); if exceed cap, may be able to qualify using pooled trust for excess income, and can also avoid copay if income over $1916 goes to pooled trust
Don't forget to look at
QMB eligibility.
VA list of current "improved pension" amounts (scroll down to A&A for veteran wiith or without dependents) and list of amounts for widows/widowers
In general: Direct link to CTElderLaw.org
public benefits or Health Care programs summaries. See also 2014 Poverty Levels (note, to update, change year in the URL)
Legal Services organizations' eligibility limits (estimated) (to be updated)
My 2012 article on
AABD (PDF); 2014 disregards: $325/$326 community (single/married), $232.70 for licensed boarding facility (RCH); sharing with nonrelative, $392.90 (last one is est.). Cap $2163, VA aid and attendance excluded. NOTE there is an issue about whether entire pension is excluded, or only the "aid and attendance" enhancement.

Since I have space here -- DON'T FORGET TO CHECK THE HARD COPY OF THE
UNIFORM POLICY MANUAL AND SUBSEQUENT TRANSMITTALS!

FEDERAL SOURCES

CONNECTICUT SOURCES

FEDERAL STATUTES In general: try FDSys (federal digital system)
Search Findlaw's US Code (USE CAUTION - not always current)
Search House of Rep's US Code (gives the date)
Cornell's US Code
Popular Name Table
U.S. Code Title 42, download (PDF) - current to 2009, try to alter the link with the newer year to see if it is available = http://uscode.house.gov/pdf/2009/2009usc42.pdf
View online entire Social Security Act (current to 3/4/13, showin in footer) with changes to date (well it was "to date" when posted!) -- NOTE the following do not appear to incorporate Deficit Reduction Act (PDF)
  
1382b (Assets; part of SSI law)
   1396r (Nursing Homes)
   1396p (Liens and transfers)
   1396k (Assignment of rights)
   1396r-5 (MCCA)
   Title XVIII (Medicare)
Medicaid laws AS AMENDED by Deficit Reduction Act - with annotations by the fabulous Tim Takacs (42 USC 1396p-r) (PDF)
VA benefits: Title 38 in general
Older Americans Act 42 U.S.C. 3001 et seq. (current to 1/1/06); see Older Americans Act Amendments of 2006 (PDF) and Older Americans Reauthorization Technical Corrections Act of 2007 (PDF).

Patient Protection and Affordable Care Act, a/k/a so-called "health care reform" (unofficial consolidated version prepared by House Office of Legislative Counsel)

STATE STATUTES (tax statutes are below under taxes)
Entire
Connecticut General Statutes 2013 compilation
(NB: if out of date, USUALLY you can replace the year included the URL link with the current or most recent ODD-NUMBERED year. ALSO check for updates in even-number years)

Search statutes, Public Acts 
On-line from the 2013 statutory compilation:
  
1-42 et seq. (Short Form Durable Power of Attorney)
  
4a-16 (administration of estates of medicaid recipients by DSS)
Title 12 (Taxes)
Title 45a (Probate) including 45a-486 (trustbusting)
Conservatorship statutes -- see also Uniform Adult Protective Proceedings Jurisdiction Act,
Title 17b (Social Services  
  
17b-91(f) burial contract
  
17b-95 estate recovery (DON'T FORGET, federal law preempts! see also 17b-91(e)
  
17b-451 Elder Abuse
Title 19a (Public Health)
   
19a-533 (waiting list rule)
   
19a-535 (transfer and discharge) SEE: PA 11-236 - changes discharge / transfer rules
  
19a-550 (patient's bill of rights)
  
19a-570 et seq (Living Wills)

Important Public Acts (for historical reference)
PA 07-02 severely limiting "spousal refusal"; regulating assisted living facilities
PA 09-73 (PDF) permitting residents of RCH to transfer income over the AABD income cap into pooled trust accounts in order to be eligible for AABD
PA 10-73 - Sec. 1 NOW REPEALED by PA 11-44 eff 7/1/11 (sec. 178) iincreased community spouse protected amount to "maximum"; Sec. 2 deals with treatment of reverse mortgages, not repealed, but doesn't appear in UPM
PA 11-176 - Undue Hardship
PA 11-236 - changes to nursing home discharge / transfer rules
PA 12-208 VA aid & attendance income disregarded for purposes of Medicaid and others
PA 13-234 Secs. 127-130: transferee liability to nursing homes; applied income failure-to-pay liability; no ineligibility if pursuing surrender of $10,000 or less life insurance policy

PENDING FEDERAL LEGISLATION
"Thomas," Library of Congress (status of pending federal legislation)
Congressional Record (set to 110th session,2nd-- 2008 -- but you can see others)

Information on reauthorization of Older Americans Act (including text of relevant provisions) prepared by Center for Social Gerontology)

PENDING STATE LEGISLATION
General Assembly page (status of pending legislation)

Commission on Aging weekly bill tracking reports (which may bear an uncanny resemblance to those previously authored by our friend Kate McEvoy') (PDF) -- current to 5/2013

FEDERAL REGULATIONS AND POLICY
GENERAL
Federal Register
Code of Federal Regulations (National Archives & Records; variably updated)
alternate: "
e-cfr" which is updated currently but "beta" -- current
Social Security Regulations (browsable) (current to 4/1/2008)
Title 42 (search or browse) Rev. to 12/6/2002
  
Part 409 (Medicare Part A / nursing home care) 
  
Part 431 (Fair Hearings) 
  
Part 435 (Medicaid Eligibility)
   
Part 483 (nursing home requirements)

SOCIAL SECURITY www.ssa.gov
Social Security Handbook
Social Security Rulings
Social Security POMS (Programs Operations Manual System) - searchable
SSA Recent Changes to POMS page (Transmittals, etc.)
Life estate and remainder tables (required by Deficit Reduction Act)
Other source of life expectancy tables (ssa.gov)
SSA Memos and Transmittals of Interest
SS Policy Interpretation re: disability over age 65, 68 Fed. Reg. 63833
Social Security Forms, downloadable
Claimant representatives' page
List of SS codes (the letters that follow the Social Security number)
List of "compassionate allowances" (fast track for Social Security disability)
Search engine for listing of reported deaths (from Rootsweb.com)
2013 Social Security changes list (for following years, change the year in the URL)

CENTERS FOR MEDICARE AND MEDICAID SERVICES (formerly HCFA) www.cms.gov
CMS Letters and Informational Bulletins
State Medicaid Manual (Publication 45) - download chapters as zip files: or
Transmittal 64 provisions (online) (CAUTION: not necessarily followed by CT Department of Social Services; 2/2006: may be superceded by portions of Deficit Reduction Act)
CMS List of CT waivers, with numbers
Medicare page
CMS manuals - links to the new internet-only stuff but also has the current "paper" manuals for download as zip files as part of the Provider Reimbusement Manual Part 2 -- look at individual chapters.
-
Hospital Provider Manual (zip)
-
SNF manual (zip)
-
HHA manual (zip)
Beneficiary Notices

CITIZENSHIP
Bureau of Citizenship and Immigration Services (use Form N565 for proof of immigrant status/naturalization -- $210 fee (2005))

VA BENEFITS:
Title 38,
38 USC Chapter 3; 38 CFR Sec. 3 -- see 38 CFR sec.3.271(d) for fractional ownership rule (it's an income section of the CFR but is referred to in the "net worth" section); see 38 CFR sec. 3.276 regarding transfers, and the implications for trusts.
38 CFR 3.351 = aid & attendance
See
Sharon Pope summary. (PDF)
The VA's UPM: M21-1MR Compensation and Pension Manual Rewrite, Veterans Benefits Administration References, Web Automated Reference Material System (WARMS) - Part 1, basic rules; Part 5
General Counsel Opinions (precedential) including opinion re: special needs trusts
National Cemetery Administration --
VA burial benefits
VA forms page -- direct link to authorization form to disclose info to 3rd party (PDF)
VA list of current "improved pension" amounts for veterans (scroll down to A&A with 1/no dependents) and list of amounts for widows/widowers (again scroll down) (shows annual only)
VA health benefits reference library -- list of publications
You can
apply online: set your date, then get your info, then file within a year of establishing date.

STATE REGULATIONS AND POLICY
see also:
Selected DSS memoranda and other communications.
see also: Inadequate online UPM.
BENEFITS
CT Uniform Policy Manual - CLICK FOR INSTRUCTIONS ON HOW TO OBTAIN THIS FROM THE STATE, DOWNLOADS, ETC. IF YOU PRACTICE ELDER LAW IN CT YOU MUST OBTAIN THIS! DSS posts it online but WITHOUT critical "procedure" pages, and the Casemaker version is usualy out of date too.
  update -- legislative committee refused to approve regs. and sent them back for modifications. Stay tuned.
  
DSS RESPONSE to UP 07-02 (PDF)- latest regs 2/2009
  
DSS TRANSMITTAL 07-02 - DRA REGULATIONS eff 4/1/07 (PDF)
  HERE ARE THE
POST 4/07 "HOME" SECTIONS 4030.20 (PDF)
 
DSS Bulletin on Medicaid for Low-Income Adults (PDF) and  INTERNAL MEMO/FAQ on Low-Income Medicaid (Husky D). (Thanks to Barbara Reynolds!)
  
DSS TRANSMITTAL UP 92-22 (PDF) -transmittal relating to CT Partnership policies
 
  (NOTE: due to quality, UP 92-22 is a large download)
*****The following excerpts apply pre-DRA law except where noted*****

  
Excerpts relating to Home Care Program (REVISED 10/2005)
  Pre-2/06 Transfers - Chapter 3028 (PDF) (see amounts in "key numbers")
    REMEMBER TO CHECK TRANSMITTAL 07-02 FOR POST 2/8/06
  
Exempt assets (Medicaid program) - in PDF - 10/04 updated 11/05
  (whole long thing - 15+ pp w/ definitions) also  
4020.10 - 11 in PDF
  HERE ARE THE
POST 4/07 "HOME" SECTIONS 4030.20 (PDF)
 
Working Disabled ("SO-5") provisions 2540.85 -- see Comptroller opinion 94-9a explaining that sheltered workshops do not qualify as "employment" -- this is relied upon by DSS in determining SO5 eligibility
  
Spousal refusal changes to deeming rules (PDF)
  
TRUST provisions 4030.80 in PDF
  
Life Use Computation Tables to age 100 (DSS Norwalk -- PDF file)
  
CMS List of CT waivers, with numbers (CT waivers are on page 3) including ABI and DDS ("comprehensive supports"); the links here are to the applications, rpeviously downloaded, but medicaid.gov has the approval documents
  
PCA Pilot Guidelines (MS Word; Issued summer 2010)

USEFUL STUFF ON BENEFITS - - SUMMARIES AND DETAILS
  
- Kate McEvoy "
Public Initiatives" booklet (PDF) (current to 2012)
- Sharon Pope
summary on VA Aid & Attendance (PDF) - 1/09
- My article,
Connecticut's "State Supp" (AABD) Benefit - (PDF) 2012, see new disregards
Hoberman/Shedd article on Holocaust reparations
- OLR report summarizing
Home Care waivers overall (#276)
- OLR report summarizing
elderly home care (#328)
-
Kate McEvoy CHCPE summary and detailed explanation (also PDF)
- (a bit stale)
Dalin/McEvoy article on home care programs - 2005

NOTICES, PRONOUNCEMENTS
Selected
DSS memoranda and other communications
AG's "
dire warning" on so-called "Medicaid annuities." Note, this was "updated" in 2009 -- post-DRA.

NURSING HOMES AND OTHER FACILITIES
Public Health Code and regulations
CTElderLaw.org summaries on nursing home law
CMS State Operations Manual "Surveyor's Guidelines" (PDF)
Don't forget to read PA 11-236 - changes to nursing home discharge / transfer rules
Eric Carlson's 20 Common Nursing Home Problems and How to Resolve Them (free to download the PDF, but not to duplicate), an update of Eric Carlson's "15 Lies" (PDF) Also available: NCCNHR fact sheets.
Further
summary of law prohibiting discharge pending review of Medicaid application

DSS Medicaid-rate spreadsheet for nursing homes (2012-2013) (PDF)
DSS state-rate spreadsheet for residential care homes (2012-2013l) (PDF
Index to Public Health Department book on nursing homes (PDF)
Entire book on nursing homes (PDF) - no longer available in hard copy!!!
Note
: you can check a particular facility's licensure or check for updates at "ct.clic" which checks licensures.
CT Partnership
summary of long-term care rates of various kinds; current to 2012

FEDERAL TAXES (check www.sharinglaw.net/npo/links.htm also)
Internal Revenue Code (Cornell U.) (see H. Rep. list of updates)
Tax Regulations (e-cfr)
IRS Forms and Publications -- most can now be filled in AND SAVED
Prior year IRS Forms
Legalbitstream.com - searchable database of ALL online tax resources
Internal Revenue Manual - latest IRS letter rulings
New Fax Number/address for applying for an EIN (eff. 1/4/2002) ... OR ...
GET EIN ONLINE!!! Caution: you CANNOT use for LLCs; the EIN you get is "provisional" and they can still fax back to you and ask for more info.
Call (866) 699-4083 for status of estate and gift tax returns.
FAX FORM 2848 IN MOST CASES FOR CT TAXPAYERS TO 901-546-4115
Call priority phone # for professionals 1-866-860-4259 or see hotline list
IRS charts on IRA minimum distributions (PDF)
Noel Ice's hyperlinked retirement distribution regs.
2001 Tax Reform Act exemption changes
Fabulous Orr & Reno table summarizing ALL EGTRRA tax changes
EGTRRA on Thomas (PL 107-16) (you may have to "search" again) or PDF
or
on NY Society of CPA website - with links
AFRs of all kinds on Pa. lawyer Dan Evan's site - also 7520 rates
H.R. 4853 or in PDF or Congressional summary of key provisions

NOTE: See handy chart with 50 state death tax info (McGuire Woods, kudos!)

STATE TAXES

CT tax statutes (current to 1/1/2013 only -- CHECK FOR UPDATES IN THE CURRENT LEGISLATIVE SESSION.

Quick PDF table on
CT estate tax rates CURRENT 2011
Excel spreadsheet for quick computation of CT Estate Tax (L Davis) (current, 2012)

DRS current year
CT 706 and CT 706-NT; prior years - generally fillable if you wait.

DRS on-line income-tax calculator (2012)
Department of Revenue Services Forms
DRS Regulations
DRS compilation of estate income/succession tax regulations (obs)

For prior years: Succession Tax forms and Wiggin & Dana article on the phase-out;
Also re: pre-2005 gifts:
Gift Tax Forms and information

FEDERAL COURTS AND CASES
Findlaw
great alternative:
Chesslaw
US Supreme Court Cases 1937-1975 (vols 300-422) fedworld)
Second Circuit (Findlaw - 1995-present) or official site: 2003-now
District of Connecticut Opinions (selected; since 1999)
Selected "key cases"
CBA "
Casemaker" research (log in as a CBA member first) (has D.Conn. cases)

STATE COURTS AND CASES
Probate Court site (list of fees; dowload forms in PDF)
Eff. 2011: (1) full court directory; (2) judges list (BOTH IN PDF)
See quickie
list of courts by town (not PDF)
  
Probate Court forms (NEW fillable PDF forms available!)
Excel Spreadsheet to compute probate fees (updated)
Probate Court Administration memo summarizing new interest on probate fees
   Intestate Succession, taxes, probate fee info is included in Probate Court pamphlet "
Probate Court and You," a PDF file
Opinions of CT Supreme and Appellate Courts (PDF) since July, 2000.
Selected "key cases" for CT attys - elder and special needs law (with links)
"
Asset Protection Book" website page of CT cases and laws
--- see
handy chart of federal/state bankruptcy protections
CBA "
Casemaker" research (log in as a CBA member first)
CT Practice Book (PDF)- ethics opinions now ONLY on Casemaker


CONNECTICUT ELDER LAW RESOURCES                                                                                             Return to Page Index
   (in alphabetical order)

Agency on Aging of South Central CT The site includes Information about the many programs the Agency provides, including the home care program.
Aging and Disability Resource Center Pages escribes different levels of housing support -- you can click and search for everything from independent living on up and see the requirements for different places..
CT Bar Association Elder Law Section This page was originally the Section's "links page." Highly recommended: join the CT Bar Association and the Elder Law Section. You will have access to CaseMaker, online legal research, as well as many other resources. On publicly available pages of the CBA Elder Law Section site: Elder law resources info ISCROLL TO THE BOTTOM for materials provided at meetings, sorted by topic), Advocacy information including a Word document comparing proposed Uniform Durable Power of Attorney Act with existing law. For those logged in as members, check for Minutes.
CT Chapter of NAELA CT NAELA has grown since its formation a few years ago. The website will soon include (probably for members only) copies of fair hearing decisions as well as many other useful resources. Click for news. "Find an elder law attorney" will bring up a list of members.

CT Department of Administrative Services

This is where you go to find out what is the lien with respect to Medicaid or other benefits, payable upon receipt of an inheritance or personal injury settlement. For liens repaid during lifetime (e.g. on the home), contact DSS. However, for liens relating to care in a state psychiatric institution, contact Tony Nunes at DAS. You can write or fax to: but better is to call first and get someone's NAME and then fax. Fax a release as well. Address: 165 Capitol Avenue Hartford, CT 06106. Bureau of Collection Services: (860) 713-5400. Fax # (860) 713-7408

CT Department of Developmental Services DDS (formerly DMR) site --- not so much "elder law" as special needs (of which more information on www.sharinglaw.net/disability/helplinks.htm). Updated with a lot more information and links to programs and even the DDS services manual.
CT Department of Revenue Services DRS site has links to forms and a lot of other stuff -- click here for the links above on this page.
CT Department of Social Services -
and
Aging Services Division
New statewide number: 855-626-6632. eff. 7/8/13. DSS site Includes telephone and e-mail directories (including Protective Services) (click for MY download of DSS Protective Services brochure in PDF); detailed information on programs for seniors and those with disabilities, the Department's Aging Services Manual, available online, aging services publications, (including the "periodical" Age Matters), explanation of the State Supplement program (but without the eligibility numbers, alas), and other publications. Find out athe location of regional offices but don't file for long-term care there -- click on APPLICATIONS page for address / fax #. Review the DSS publication "Long-Term Care Issues and Medicaid" (current to 1/1/2012 as of this writing)) which is NOT on the elderly services division publications page and apparently always includes the current "key numbers".Find brief information on the new "low income Medicaid" or Husky D program (bulletin no longer online -- this is my downloaded copy) -- or see also Rules.And write to/call Barbara Wilson or call her at 860-424-5814 for a fax of the up-to-date list of assisted living facilities participating in the pilot Medicaid program covering assisted living OR to get on the waiting list (about 1- 1 1/2 years)
PROTECTIVE SERVICES: To report cases of suspected abuse, neglect or exploitation, call the toll-free In State referral line at 1-888-385-4225, Out of State call Infoline at 1-800-203-1234. After Hours Elder Abuse Emergencies, In State call Infoline at 211, Out of State call Infoline at 1-800-203-1234. (I'm tired of the State changing the location for this information on its website!)
The Connecticut Elder Law website (CTElderLaw.org) Consumer-oriented site on Connecticut Elder Law topics.  Maintained by Connecticut Legal Services with support from the ABA, the Eastern Connecticut Area Agency on Aging and the CHOICES program. Direct link to Legal Services Network pamphlets for consumers. Direct link to Goverment Benefit Information page without frame.
CT Hospice Includes information on inpatient and home care hospice services.
CT Office of the Health Care Advocate "The office focuses on: assisting consumers to make informed decisions when selecting a health plan; assisting consumers in resolving problems with their health plans, and; identifying and advocating on issues, trends and problems that may require executive, regulatory or legislative intervention." Access: : 1-866-HMO-4446, FAX: (860) 297-3992
E-mail:
Healthcare.advocate@ct.gov
CT Insurance Department A"framed" site, but you can go directly to the page with Medicare supplemental policy rates (PDF)in Connecticut; page listing companies that offer them; page with list of CT Partnership policies; page with list of other companies offering LTC policies; article on mental health benefits in CT; and compilation of insurance regulations.
LINK to letter from CT Ins. Dept and CT Dept. Consumer protection re: ANNUITIES
CT Long-Term Care Ombudsman's office CT's long-term care ombudsman talks about advocacy volunteers and fundraising
CT Partnership for Long Term Care Link forwards to a page in the Office of Policy & Management agency of CT, but the stuff is still there -- navigate the left-hand column options or this page.. More complete than the Insurance Department site; includes a wealth of statistical information on long-term care, a summary of Medicare eligibility limits for long-term care. Links to OPM "Cost of Care in Connecticut" (PDF) (current to 4/2013 as of this writing) with prices for each nursing home AND home health agency in the state.
CT Public Health Dept. Includes page with Public Health Code and regulations. You can write to the department for their annual review of nursing homes and home health agencies, or download the nursing home book index or entire book. (PDF)
CT Rental Assistance programs RAP regulations: 17b-812-6, 17b-812-9 and 17b-812-11a.
CT State Homepage  Official state page with connections to all branches of state government
Includes
STATE EMPLOYEE PHONE/E-MAIL DIRECTORY including DSS workers.
CT State Treasurer "Name it and claim it" site
ConnPACE.com NEW website from DSS devoted to the ConnPACE program. Download the ConnPACE application.(PDF)
Funeral Consumer Alliance of Connecticut Nonprofit group that surveys funeral homes and provides price information.  Order their funeral home survey.
Infoline We all know this but often forget. Has all kinds of information about subsidized housing etc.
PLAN of Connecticut Nonprofit organization that will handle small special needs trusts and operates CT's only "pooled" trust under 42 USC sec. 1396p(d)(4)(c).
Reverse Mortgage Info Low-interest Connecticut-funded CHFA reverse annuity mortgage website info -- has fees ($1,500) rate (7%) and instructions on applying. (Check AARP site for more on commercial mortgages) Try this link for a confidential calculator.
sharinglaw.net - disability HELPLINKS page has legal and non-legal links relating of interest to the disabled
SSATTY page has listing of private practitioners who handle Social Security claims and appeals
sharinglaw.net - elder Page with non-legal links to care providers and related services


NATIONAL ELDER LAW RESOURCES                                                                                               Return to Page Index
 (in alphabetical order)

AARP (formerly the American Association of Retired Persons)  Searchable site, includes: directory, with direct e-mail links, to every member of Congress; has taken over from reverse.org much of the reverse mortgage information, including information on many topics; read the latest biennial report on long-term care including the portion on Connecticut. DO NOT use the reverse mortgage "calculator" link, because it is now linked to a site that asks for personal information (name and phone). Try THIS instead.
ABA Center for Professional Responsibility - Model Rules Although Connecticut's Rules of Professional Conduct have not yet been amended to reflect the most recent changes to the ABA rules, and so do not have the force of law, they are an important resource for Connecticut elder law attorneys.
ABA Commission on Law and Aging Includes listing of section publications; offers free e-mail subscriptions.  View articles from Bifocal, the Section's newsletter, order relevant Section publications, and download publications.
Administration on Aging (AoA) The AoA funds caregiver support programs and many other programs for the elderly. The site includes links to local agencies, other resources, and compilations of general and statistical materials. The "Elder Care Locator" is here.
Alzheimer Page Comprehensive site on Alzheimers sponsored by Washington University - St. Louis - sign on to the mailing list
ACTEC American College of Trusts and Estates Counsel. No, this is not only for those who plan for the 8-figure estate set. Includes the highly-regarded ACTEC Commentaries on the ABA rules of professional conduct and a terrific, PUBLIC, T&E links page
Americans with Disabilities Act site U.S. Dept. of Justice site, including technical assistance manuals.
Annuityshopper.com For reference purposes, gives instant "quotes" on annuities. Commercial site - there are probably others.
APHSA (formerly, Nat. Association of State Medicaid directors) Health Services Division of "APHSA," "a bipartisan, professional, nonprofit organization of representatives of state Health and Human Service agencies (including the District of Columbia and the territories)," formerly known as the "American Public Welfare Association." Fascinating site that alas, has no search function and one suspects the best stuff is in the "members only" section. At one time included a list of Medicaid waivers. Includes collection of pending legislation, State Medicaid Director Letters issued by CMS, etc
Center for Medicare Advocacy  Includes information on Medicare, e-mail link to request the Center’s printed materials, a "quick screen" to identify potential Medicare coverage, articles on Medicare+Choice, and a useful chart of the various supplemental policy provisions and summary of gaps in coverage. Redesigned; the "hover buttons" mostly gone -- harder to nagvigate however.
Consumer Consortium on Assisted Living "Consumer-focused advocacy organization devoted to the needs and rights of assisted living residents." No more checklist for evaluating assisted living facilities; you have to spring $14 to order one :(
Consumer Reports Periodic consumer information on nursing homes, long-term care insurance, etc. Clients often mention Consumer Reports articles.
Elderweb.com Labyrinthine and comprehensive site created by was created by CPA Karen Stevenson Brown, also a long-term care consultant. Look here when you can't find it. Includes "links to information on legal, financial, medical, and housing issues, as well as policy, research, and statistics."
End of Life Options pages Thanks to the wonders of the "Wayback machine," this useful article from Dickinson College is still available. Includes summaries of the perspectives from numerous different religions on artificial nutrition and hydration issues as well as medical and ethical discussions. No longer online at Dickinson -- perhaps being updated? we can hope.
Families USA Families USA offers free subscriptions to e-mail newsletters and policy alerts in four areas - Medicaid, managed care, children's health, and all health care issues.  Direct e-mail link to your congressperson to send messages on pending legislation.  A valuable site for those involved in advocacy.
Fedlaw site. Or see USA.gov This is now located in "The Center for Regulatory Effectiveness." Federal government site reference center. Links to the U. S. Supreme Court, all Federal Circuits, and many District Court opinions, etc.
FirstGov for Seniors
(formerly Access America for Seniors) (on USA.gov)
Developed as a cooperative effort under the aegis of the National Partnership for Reinventing Government and maintained by the Social Security Administration, this site provides access to government services and information covering a wide range of issues (from Social Security to travel tips).  You can also sign up for a mailing list.
Health Privacy Project Now part of Center for Democracy and Technology. No more link to privacy laws,but does have articles breaking laws down state-by-state, published i 2002. Contains links for HIPAA (large PDF) and the HIPAA regulations. (Also see the DHHS FAQ in Q&A format).
Health Resources and Services Administration, U.S. Dept. Health and Human Services Lists the annual poverty guidelines (most recent online is 2011 though) used to measure eligibility for many programs (PDF)
U.S. Dept. Health and Human Services Links to recent "briefings" on Medicaid eligibility policies from DHHS Office of Assistant Secretary for Planning and Evaluation, April 2005; provided courtesy of Christine I Andrew, Esq., of the Connecticut Alzheimers Association.
H.E.L.P. Non-profit organization located in Southern California offers useful "consumer-oriented" pamphlets and newsletter items suitable for clients. Also includes "Your Way," a guide to help older adults and families communicate about medical treatment desires, values, etc.
HUD Information on Section 8 / elderly housing:   Housing Choice Voucher Program Guidebook (eligibility) (PDF)  2013 Income limits (PDF). See: 24 C.F.R. Part 5 Subpart F (replacing prior regulations). Statutory authority: 42 U.S.C. 1437f.
Insure.com Easy-to-read summaries of insurance laws in all 50 states, plus explanations of HIPAA, COBRA rights, etc., with ample links to local sources of information.
Longtermcare Link Consumer-oriented site that gives a comprehensive look at long-term care planning, from LTCI to Medicaid planning, with links to vendors of assisted living. Written by a CLU. Now owned by National Care Planning Council
Medicare.gov Includes "Nursing home compare" information page. This is also the place to find those elusive "provider manuals." You can order in print or download. Good hunting, what you are looking for is buried deep within. See also the nonprofit "member of the family" website that tries to summarize this information with a list of best and worst. I haven't listed it separately because I'm ambivalent about the accuracy from this kind of characterization.
Medicare Rights Center National, not-for-profit organization located in New York City; site offers direct assistance for Medicare beneficiaries and on-line versions of brochures (some bilingual).  Site now has an excellent interactive guide through Medicare copays, deductibles, and coverage information.
National Academy of Elder Law Attorneys (NAELA) Includes fill-in form for members to sign up for participation in NAELA's unmoderated e-mail mailing list.  Whether or not members participate, they can review listserve archives through NAELA's members only page. Members are also entitled to a template-style website for $25/year, available to the public through the popular "Need an elder law attorney?" link. NAELA Bylaws now require members to subscribe to "aspirational standards." (PDF, reproduced on my site)
National Citizens Coalition for Nursing Home Reform (NCCNHR) Nonprofit group that advocates for nursing home reform.  Site includes address/telephone information for ombudsmen in all 50 states.  Order publications, but I can't figure out if they still have Nursing Homes:  Getting Good Care There -- their search engine was not working. Site HAD a really useful "advance directive" for quality care which yours truly has restored to you, courtesy of the wayback machine.
National Council on the Aging (unitedseniorshealth.org) A national nonprofit advocacy group. Includes information about long-term care insurance, Medicare, Medicaid and Medigap insurance and a list of publications for sale.
National Health Law Project (NHeLP) now healthlaw.org "30 Years of Working for Justice in Health Care for Low Income People." Includes detailed analysis of current and proposed legislation.Offers a free e-mail subscriptions for publishing information on current issues. 
National Hospice and Palliative Care Organization The National Hospice and Palliative Care Organization (NHPCO) represents hospice and palliative care programs and professionals in the United States. Includes advanced directives for all 50 states available for download, although annoyingly you have to provide name, email and address so it's not clear how you get the directives for other states. Advanced directive forms are copyright; "reproduction and distribution by an organization or organized group without the written permission of the National Hospice and Palliative Care Organization is expressly forbidden."
National Organization of Social Security Claimants' Representatives (NOSSCR) National support organization for attorneys specializing in Social Security disability law. Includes basic information on the law and the organization. Purchase the "Listing of Impairments for Adults, Listing of Impairments for Children, and the Medical-Vocational Guidelines (Grids)." Some materials are available only to members. 
National Reverse Mortgage Lenders' Association Only reverse mortgage site I could find that has a confidential "calculator" of what can be obtained by a reverse mortgage without asking for name and phone. Site says: "NRMLA membership requires signing and adhering to a Code of Ethics and Professional Responsibility that commits all members, whatever their role in the process, to performing their jobs with integrity and empathy. We encourage members to look at their presentation to consumers as if they are sitting on the other side of the kitchen table."
National Senior Citizens Law Center (NSCLC) NSCLC advocates nationwide on behalf of low-income elderly individuals and persons with disabilities.  Includes articles and legal documents on many of these topics.
Office of Disability, Aging and Long-Term Care Policy Component of the U.S. Department of Health and Human Services.  Includes numerous surveys, studies, and analysis on health care, Medicare, Medicaid, and Managed Care.
Savings Bonds (TreasuryDirect) Treasury Dept. site for determining current value of US savings bonds
Social Security Administration Includes Social Security Handbook, benefit calculator, entire Social Security Act, SSA forms, subscribe to a newsletter. See also "Understanding SSI."
trustsandestates.net Site of T&E lawyer Noel Ice -- contains Noel's unique and frank (!) commentaries on the retirement distribution regulations, hyperlinked -- invaluable. (Scroll down to the bottom of the page)
Veterans Administration Includes information on all benefits programs; download VA life insurance forms, Form 21-526 by which a single veteran can get an additional $90 excluded from applied income when on Medicaid; Form 21-534 for a widow.

since October 6, 2006


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