A Joint Project of the
NationalCenter for Preventive Law, Inc.
and
Legal Counsel for the Elderly,
aDepartment of the
American Association of Retired Persons
Legal Counsel for the Elderly, Inc.
Legal Counsel for the Elderly (LCE) works to expand the availability of legal services to older people and to enhance the quality of existing services. Nationally, LCE supports the legal community with training, technical assistance, publications and volunteers, and provides direct legal and protective services to older persons. LCE also operates a full service law office for low-income older Washington, D.C. residents. LCE is a department of the nonprofit American Association of Retired Persons (AARP). LCE, Inc. publishes several publications for consumers. For a list of these publications, see the Resource Lists in the Appendices of the Participant’s Workbook.
Legal Counsel for the Elderly, Inc.
601 E Street, N.W.
Washington, D.C.20049
(202) 434-2120
The NationalCenter for Preventive Law
The NationalCenter for Preventive Law, Inc. (NCPL), is dedicated to advancing preventive law, in practice and in theory, in all of its places and forms. NCPL achieves its mission through education, research and development, information services, and by facilitating interaction among others interested in the field.
The NationalCenter for Preventive Law, Inc.
1900 Olive Street
Denver, Colorado80220
(313) 871-6306
©1996 LCE, Inc. and NCPL, Inc.
All Rights Reserved.
TABLE OF CONTENTS
Are You Legally Healthy?...... 1
Read Me First...... 5
Questions & Explanations ...... 7
Section I. Personal Data...... 8
Section II. Employment...... 11
Section III. Marital/Family Situation...... 14
Section IV. Are You Getting All The Income Due To You?...... 18
Section V. Health...... 25
Section VI. Purchasing Goods and Services...... 30
Section VII. Claims...... 32
Section VIII. Home/Apartment...... 34
Section IX. Household Employees...... 41
Section X. Vehicles...... 43
Section XI. Pets...... 44
Section XII. Insurance...... 45
Section XIII. Bank Accounts...... 47
Section XIV. Your Estate...... 48
Section XV. Securities...... 51
Section XVI. Real Estate Other Than Home...... 52
Section XVII. Business Interests...... 53
Section XVIII. Military Service...... 54
Section XIX. Taxes...... 55
Section XX.Discrimination ...... 56
Appendices
Checklists...... 57
Resource Lists
New HampshireCenters and Agencies ...... 65
Self-Help Guides Order Form...... 66
Self-Help Resources from Legal Counsel for the Elderly, Inc...... 67
Glossary of Terms...... 68
First Steps to Good Legal Health...... 72
"Important Dates"...... 74
Personal Plan...... 75
Questions to the Lawyer...... 76
The Legal Checkup is a joint project developed by Legal Counsel for the Elderly (LCE), a department of the American Association of Retired Persons (AARP), and the NationalCenter for Preventive Law (NCPL). The project is designed to:
- Educate the public about the issue of "legal health";
- Encourage individuals to make a detailed evaluation of the state of their own legal health;
- Suggest resources available to provide self-help or professional assistance.
WHAT IS "LEGAL HEALTH"?
Everyone understands what physical health is all about. Every day we are exposed through the media to a frightening array of diseases and health hazards. We are told that regular medical checkups can lead to early detection of potential diseases, and that the chance of successful treatment of a disease is dramatically higher when diagnosed in the early stages. If we become seriously ill or suffer an injury, our bodies tell us (in no uncertain terms) that there is a problem. If it seems serious, we seek medical attention from a doctor. We are literally bombarded by information about prevention of illness by dieting, exercising, and giving up smoking.
In contrast, very few of us have a concept of "legal health", even though it is a matter which affects us all. Many in the public interest legal community are concerned about the number of people who have no idea that they have a potential legal problem until it emerges in a moment of crisis. Just as there are a variety of potential hazards that can cause health problems, there are also a variety of potential hazards that can cause legal problems. Some are very obvious--someone files a lawsuit against you, cheats you on a car repair, or injures you in a car accident. Most people know that they should seek a lawyer in these situations.
However, many legal "illnesses" lie hidden until they surface as a result of a crisis such as physical illness, injury or death. They can create very serious emotional and financial problems for you or your family. Unfortunately, very few people ever think of having a "Legal Health Checkup." Yet, a comprehensive review of your legal affairs can expose those hidden problems and allow you to correct them before they erupt into a crisis.
Correcting your "legal health" problems is normally a relatively easy, inexpensive, and effective process. And it's a lot easier than dieting, exercising, or quitting smoking!
AM I "LEGALLY HEALTHY"?
If you are legally healthy, you should be able to answer yes to all of the following questions.
Y __ N __Do you have all of your important personal documents and records on hand, either in a secure place, such as a desk, file cabinet or safe deposit box? (birth, marriage, adoption, divorce, naturalization or immigration, military discharge papers, etc.)
Y __ N __ Do you have basic legal documents which direct what happens to your assets when you die? (such as a will or trust?)
Y __ N __ Do you have the basic legal documents to designate who will make personal decisions and handle your financial affairs in the event you are unable to do this for yourself? (such as a durable power of attorney and a health care power of attorney)
Y __ N __Do you have all of your financial records on hand, in some order, and up to date? (tax returns, deeds, insurance policies, investment records, pension records, bank statements, etc.)
Y __ N __Do you know how each of your assets are titled and why this is a crucial issue?
Y __ N __Are your insurance needs met to the extent practical?
Y __ N __Are you comfortable that your investments are both safe and productive?
Y __ N __Are you receiving all of the public or private benefits to which you are entitled? (Social Security, Medicare, private pensions, etc.) If not, do you know when and where to apply for them?
Y __ N __Do you know which changes in your life will require a review of your "legal health" status?
Y __ N __Do you have a resource, such as an attorney or accountant, in the event you require professional advice or assistance.
HOW DO I CHECK MY "LEGAL HEALTH"?
The Legal Checkup Seminar Project has been specially designed to evaluate your legal health. It consists of:
The Workbook is lengthy and might take you some time to complete. We explain why each question is important. Some questions will not be applicable to your circumstances. Information about local resources is included. Your time will be well spent regardless of how long it takes to complete the Workbook. Once you have completed the Workbook, you will have a reasonable idea of the condition of your legal health.
At the seminar you, along with others pursuing a Legal Checkup, will meet with an attorney licensed to practice in your state with the AARP Legal Services Network from your community. The attorney will discuss some of the most common legal health problems in more detail. You will have some opportunity to ask questions about the issues being discussed. Please understand, however, that the attorney will limit questions to those where the answers are of general interest to all attendees. The attorney, in a seminar setting where other participants are present, may not be able to provide specific answers to personal concerns where private information is required for accurate advice.
WILL THE SEMINAR ATTORNEY REPRESENT ME?
The purpose of the seminar is to provide some general guidance and to answer questions raised by the Workbook. Attorneys conducting the seminar portion of the Checkup frequently will be available for individual questions after the program has ended. They are not required to do so. Seminar participants are free to make private arrangements for legal work with the attorney conducting the seminar.
WHAT BENEFITS WILL I GET OUT OF THIS LEGAL CHECKUP?
- The first and most important step in fixing any problem is to discover it. The time and effort you spend on your Legal Checkup gives you the opportunity to spot potential legal problems before they cause you damage.
- You will create a personal work plan identifying the next steps you need to take (see Personal Plan on page 75 of this workbook).
- You will usually identify some legal problems you can easily resolve on your own. You will receive tips on how to take action on your own, where appropriate.
- If you do need to see a professional, you will be better prepared. With information in hand and a sense of the issues involved, you are likely to save a lot of time, which also means lower fees. In addition, you are likely to get better service. It is a lot easier for a professional to provide effective advice, draft a document, or do almost anything, when the client can provide accurate and complete information at the initial visit.
- Information regarding where to seek professional help is contained in the Workbook and will also be provided at the seminar.
WHY SHOULD I TAKE THE TIME TO COMPLETE THIS WORKBOOK?
Good legal health eliminates many of the most emotionally draining legal problems that commonly occur. Over and over again, these problems surface as a result of a crisis, often a sudden illness or a death. At the worst possible time it is discovered that no one has authority to act for their stricken loved one, or no one can find important information required to apply for a needed benefit or to begin helping a grieving widow to settle the affairs of a deceased spouse. Having your legal affairs in order won't prevent sickness, injury, or death. But it can make difficult situations easier to cope with, for you as well as your loved ones.
In the end, your legal health is a matter of concern primarily to you and your loved ones. Those who have participated in creating the Legal Checkup Project have had vast experience in dealing with the consequences of poor legal health. We are also aware of how many of these problems can be avoided with proper planning and preparation, in other words, good legal health practices. But, like the horse in the old proverb, we can only lead you to the water. Only you can decide to take the drink. We urge you to take this program seriously. Go to the trouble of filling out the Workbook, create your Personal Plan, attend the seminar, and finally do what needs to be done to correct the problems. In the end, you and your loved ones will be happy that you did.
1
______Read Me First
HOW DO I START?
Before you start writing anything, take some time to read through the materials.
Yes, all of them! We suggest you do this to gain some familiarity with how the Workbook is organized. You will have less leafing back and forth through the Workbook if you know what information we provided and where it is as you fill out the Workbook. If you feel that any of the self-help guides listed in the Resource Section would be useful to you, go online to the AARP Legal Solutions web site:.
Make yourself comfortable.
Arrange yourself at a desk or table where you have enough room. Select a time when you can be free of distractions. Take your time and work at your own pace. Prior participants have reported requiring 2 hours to 2 weeks to complete the Workbook.
Start at the beginning and answer all of the questions relevant to you.
Read the explanations carefully. As you go along make notes.
Be as precise as you can with your answers.
Go through the explanations sections carefully.
They are full of useful information. Compare them to your notes on page 7. Order any self-help materials that you think might help you.
Find the form entitled "Personal Plan" (p. 75)
Any questions or concerns which you have not been able to resolve using the materials should be noted on the Personal Plan.
For example you might enter "need estate plan documents" and under action required, you will enter "find a lawyer to prepare documents."
Find the form "Questions to the Lawyer." (p. 76)
This is your opportunity to submit questions for the lawyer conducting the seminar. If you have remaining questions that you would like to have addressed at the seminar, write down your questions on this form and send it to the co-sponsor whose contact information is provided on the form. The questions are given to the attorney at least TWO WEEKS before the date set for the seminar. You can always bring the questions to the seminar; however, the ability to respond to such questions is limited.
WHAT'S NEXT FOR YOU
Take action!
Once you have a list of the items you need to resolve, the next step is, what else? Resolve them! Some matters will be just that simple. Organizing personal records and documents that are a mess may be difficult, but it is important, and something which does not usually require professional advice. Others might require more action, for example having an attorney prepare legal documents. Use the materials included in the Workbook to assist you.
Bring your Personal Plan to the Seminar!
Bring your Personal Plan as well as the Workbook with your notes. You may wish to refer to them during the seminar. Your information will remain confidential. This is your prescription to achieve legal health. Mark off items on your personal plan with a check as you resolve them. When all of your items are checked, you should be in excellent legal health.
Now, you are ready to begin. Relax, take your time and avoid getting frustrated.
1
Read Me First
Questions and Explanations
Make a list of things to do or questions to ask.
Anytime you can't find a document that might apply to you, such as marriage certificate, military discharge record, etc., make a note to either search for it or obtain a copy. Make notes below of any items you do not understand, or which require clarification.
TIP: Leave space to write the answer next to your question.
1
Questions and Explanations
______Personal Data
SECTION I: PERSONAL DATA
1.Name (print): ______
2.Normal signature: ______
Many people use names other than their given names such as “nicknames” or shortened versions or different spellings of their given names or other forms of aliases to identify themselves. If you are married, you may have used a different name or names before your marriage. There is nothing to prevent you from doing so. Additionally, in
New Hampshire you canformally change yourgiven name in a legal proceeding.
- Residence address: ______
______
______
4.How long have you lived at this residence? _____ Date moved in? ______
5.Telephone Number: Home ______Work ______
6.Date of birth: ______
7.Place of birth: ______
8. Do you have a copy of your birth certificate? yes___ no ___
Your date of birth may be important in establishing your eligibility for various state, federal and other benefits, such as Medicare, Social Security, pension plans, profit sharing plans and insurance policies. Your birth certificate is usually the best method to prove your age.
If you do not already have a birth certificate, you should get one. Contact the town where you were born or, if you were born in New Hampshire, send $12.00 with your request to the Bureau of Vital Record, New Hampshire Department of Health & Human Services at 6 Hazen Drive, Concord, NH 03301. You can call them at (800) 852-3345 (ext. 4651) or (603) 271-4650.
Otherwise, contact the Department of Health in the state where you were born. There is a self-help publication published by the U.S.Department of Health and Human Services called, "Where to Write for Vital Records" which lists who to call or write and the costs (state-by-state). You will receive information at the seminar on how to obtain this publication. You can prove your age by several other documents if you cannot get a birth certificate. For instance, the Social Security Administration (SSA) prefers a certified copy of a birth certificate but may allow other proof of age such as: public or religious records; family Bible or other family records; school records; or immigration and naturalization records.
9. Are you a U.S. citizen?yes ___ no ___
If no, are you a legally admitted resident alien?yes ___ no ___
Your citizenship status may affect your rights to vote, work, and receive certain public benefits.
10.Did you move to New Hampshirefrom another state or country? yes ___ no ___
If yes, indicate the following:
When did you move to New Hampshire: ______
Where did you live prior to New Hampshire: ______
If you are married, your previous state or country of residence may have laws regarding property acquired there during your marriage that differ from New Hampshire’s laws. If another state in which you lived has different laws or ways to hold title to property, those differences may affect your right to dispose of property and they may affect you if you separate from or divorce your spouse in the future.
11.Are you registered to vote? yes ___ no ___ if yes, where? ______
All adult citizens age 18 or older have the right to vote. However, you cannot vote if you are not registered. In New Hampshire, you must register 30 days before an election to be eligible to vote. You can register at your town or city clerk's office up to ten days before election day and on election day itself, but not between those two dates.