The Pennsylvania Department of Welfare is very much involved in Elder Law. It is this agency that governs and regulates personal care homes and assisted living facilities. While skilled nursing facilities (nursing homes) are regulated by the Pennsylvania Department of Health, DPW reviews applications for Medicaid made by nursing home residents. The department has more than 16,000 employees and oversees 94 county assistance offices statewide
On September 24th, 2014, the governor signed a law that changed the name of the agency to The Department of Human Services. The change will take effect beginning in November and be phased in gradually. For example, stationery will not be replaced right away, but the new stationery and deliverable will bear the new name as the old ones are replaced.
Saturday, October 25, 2014
Philadelphia Area Alzheimer's Walk. on November 9, 2014. Would You Like to Pledge?
The Philadelphia 2014 Walk to End Alzheimer's takes place on November 9, 2014, in South Philadelphia. If you would like to pledge, please contact the office at 484-451-6612.
For those willing to pledge $100. or above, I, Bob Gasparro, take you there live. You will receive an internet address so you can watch a live broadcast on YouTube, and feel as though you are in the middle of the march. I did this last year and you should know that the reception quality is not guaranteed throughout the walk, but it certainly was fun. Also, the broadcast will extend from the beginning of the walk to either the end of the walk, or the end of the battery. No refunds, but the money goes for a great cause.
There are some promising research studies that may prevent, end, or mitigate the effects of this disease. Treatment regimens learned from recent researched has already helped to make life more comfortable for those afflicted. When one considers that over 40% of those past the age of 85 are afflicted with the disease, you can appreciate how important the work done by the Alzheimer's Association is.
Bob Gasparro
For those willing to pledge $100. or above, I, Bob Gasparro, take you there live. You will receive an internet address so you can watch a live broadcast on YouTube, and feel as though you are in the middle of the march. I did this last year and you should know that the reception quality is not guaranteed throughout the walk, but it certainly was fun. Also, the broadcast will extend from the beginning of the walk to either the end of the walk, or the end of the battery. No refunds, but the money goes for a great cause.
There are some promising research studies that may prevent, end, or mitigate the effects of this disease. Treatment regimens learned from recent researched has already helped to make life more comfortable for those afflicted. When one considers that over 40% of those past the age of 85 are afflicted with the disease, you can appreciate how important the work done by the Alzheimer's Association is.
Bob Gasparro
Friday, October 24, 2014
Can You Vote as a Guardian or Agent Under a Power Of Attorney?
People often ask: "I am agent under my father's Power of Attorney. I know exactly how he would want to vote at the next election, may I vote for him?"
The simple answer to this question is "no." An agent's authority under a power of attorney is defined by statute in Title 20, Chapter 56, and voting in a government election is not one of those powers.. The power to vote in corporate elections is often granted, but it does not extend to governmental elections. Neither may a guardian vote for their ward.
However, you may transport your ward to the polls so they can vote. If they cannot travel to the polls, you may order an absentee ballot for them.
Another different, but related question, is whether someone who has been found incompetent after an adjudication in a guardianship proceeding, or pursuant to the terms of a springing power of attorney, may vote.
The law says that everyone is deemed to be competent until there has been a finding of incompetency. Someone who is demented,yet not formally determined to be incompetent, is still presumed competent. Furthermore, the distinction between competency and incompetency is not static; many people drift between the two depending on the time of day or other environmental conditions.
Even as to persons found to be incompetent, there is a constitutional right to vote. Because the right to vote is fundamental and preserves other basic civil and political rights, it has protections under the Due Process Clause of our nation's constitution. A state must provide an adequate notice and hearing to an incapacitated person before revoking the right to vote. While most states have laws that determine whether an incapacitated person may vote, Pennsylvania is one of the thirteen states that are completely silent on the issue.
This topic was addressed and the current law exhaustively reviewed in the most recent Journal of the National Academy of Elder Law Attorneys. If you would like a copy of the article, please contact our office.
Finally, the last date to obtain an absentee ballot in Pennsylvania for the upcoming election in November, is October 28, 2014.
The simple answer to this question is "no." An agent's authority under a power of attorney is defined by statute in Title 20, Chapter 56, and voting in a government election is not one of those powers.. The power to vote in corporate elections is often granted, but it does not extend to governmental elections. Neither may a guardian vote for their ward.
However, you may transport your ward to the polls so they can vote. If they cannot travel to the polls, you may order an absentee ballot for them.
Another different, but related question, is whether someone who has been found incompetent after an adjudication in a guardianship proceeding, or pursuant to the terms of a springing power of attorney, may vote.
The law says that everyone is deemed to be competent until there has been a finding of incompetency. Someone who is demented,yet not formally determined to be incompetent, is still presumed competent. Furthermore, the distinction between competency and incompetency is not static; many people drift between the two depending on the time of day or other environmental conditions.
Even as to persons found to be incompetent, there is a constitutional right to vote. Because the right to vote is fundamental and preserves other basic civil and political rights, it has protections under the Due Process Clause of our nation's constitution. A state must provide an adequate notice and hearing to an incapacitated person before revoking the right to vote. While most states have laws that determine whether an incapacitated person may vote, Pennsylvania is one of the thirteen states that are completely silent on the issue.
This topic was addressed and the current law exhaustively reviewed in the most recent Journal of the National Academy of Elder Law Attorneys. If you would like a copy of the article, please contact our office.
Finally, the last date to obtain an absentee ballot in Pennsylvania for the upcoming election in November, is October 28, 2014.
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