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Scammers and the Omicron Vaccine

By Matilda Charles

SPECIAL TO THE FORUM

The latest scam against seniors appears to have started the very day the new Covid omicron vaccine was announced as being approved by the Food and Drug Administration. The call I received promised to help me get to the front of the line... ahead of all the people who were going to be eligible at the same time. All I had to do was provide my banking information or Medicare card number so they could “hold a place” for me in the appointments. After all, the scammer said, millions of people were going to be rushing to get the vaccine. I didn’t want to be left out, did I? I had a few minutes, so I decided to test the scammer’s actual knowledge about the vaccine. He was fuzzy on the information and stumbled to answer, sometimes making it up as he went. Here are some facts to remember should you get one of these vaccine scam calls: The truth is that not everyone is going to be eligible. Those who haven’t had any previous Covid vaccines cannot get the omicron vaccine until they take the other ones. Then you have to wait two months before getting the new one. The Pfi zer booster will be for those age 12 and over, with the Moderna for those 18 and up. They don’t know yet about children younger than those ages. No, at this point there haven’t been any clinical trials about how well the omicron version works. Mice, yes, but people, no. (Moderna and Pfi zer both did mini-tests of 600 people each.) The omicron vaccine will cover not only the omicron BA.4 and BA.5 subvariants, but also the original Covid as well. It’s called a “bivalent” vaccine because it covers both. But the big thing to remember: These scammers don’t want to help you get the new omicron booster. They only want your personal information.

(c) 2022 King Features Synd., Inc.

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Are Children Responsible for Parents’ Care?

QMy wife and I are concerned that our adult children might be held fi nancially responsible for our care in the event we run out of our own resources. Our children are good kids, but they have their own fi nancial responsibilities, including putting their own kids through college. Can you shed any light on this?

By Gene L. Osofsky, Esq.

SPECIAL TO THE FORUM

ASure. This topic has generated some discussion in the news, prompted by a court case out of the State of Pennsylvania. In that case, a son was held liable for his mother’s unpaid nursing home bill of about $93,000, even when the mother had an application for Medicaid (which we call “Medi-Cal” in California) pending. The case sent shivers throughout the country, and elder law attorneys have expressed concern that this case could signal a new wave of claims by nursing homes and assisted-living facilities to recover unpaid bills. For now, the good news is that the statutes in California seem to disfavor claims of this nature. While statutes are on the books which – on their face – would seem to permit children to be held responsible for the costs of their parents’ care, yet California carves out a huge exception to this potential liability: if the parent is an “applicant for” or “a recipient of ” Medi-Cal, SSI, or other public benefi ts, then no claim of any kind that you and your wife have a plan in place to pay for your own long-term care. That plan might include setting aside suffi cient assets to cover that cost, relying upon long-term care insurance (if you qualify and can afford it), or by making a timely application for a Medi-Cal subsidy when appropriate. In this regard, you may know from one of my recent articles that Medi-Cal has recently relaxed the resource caps, so that persons of more middle class means may now qualify for benefi ts: Under these recent changes, the “Ill Spouse” is now permitted to have up to $130,000 in savings or other resources, while the “At-Home Spouse” is allowed another $137,400 of his/her own savings and resources, for the new combined resource allowance of $267,400 for a married couple (in 2022).

can be made against a parent or other relative to recover the cost of care. Welfare & Institutions Code § 12350. In short, the law in California appears very unlike that in Pennsylvania, which apparently did not include a similar exception. Since a parent in need would most likely “apply” for some kind of public benefi t and would thereby become an “applicant” and thus protected by the statute cited above, it would be an unlikely scenario where a child would have fi nancial responsibility for his parent’s care. Indeed, I could not fi nd any reported case decision in California which imposed such liability, absent egregious fact patterns involving extreme neglect of a parent amounting to elder abuse. Note that the statute refers to the parent being an “applicant” for public benefi ts, and does not seem to require that the parent actually “qualify” for same. Still, the law is developing in this area and specifi c fact patterns have yet to be adjudicated by courts. For best protection, the best way to ensure that your children do not fi nd themselves on the fi nancial hook is to ensure

HOROSCOPE by Salomé

© 2019 King Features Synd., Inc.

ARIES (March 21 to April 19): Your ideas earn the respect of your colleagues. But, you’ll have to present some hard facts and fi gures if you hope to persuade those who make the big decisions to support you. TAURUS (April 20 - May 20): Keep those bright Bull’s eyes focused on the project at hand. Avoid distractions. There’ll be lots of time for fun and games later. Expect to get welcome news this weekend.

GEMINI (May 21 to June 20): You soon might have to decide about moving a relationship from its current status to another level. Don’t let anyone infl uence your decision. It must be yours and yours alone. CANCER (June 21 - July 22): You fi nally can get off that emotional roller coaster and get back to focusing on your goals without interruptions through the rest of the week. A nice change is due by the weekend. LEO (July 23 - August 22): Trying to make an impression on some people runs into a bit of a snag at fi rst, but it all works out. An old and almost forgotten personal matter once again needs attention.

VIRGO (August 23 - Sept. 22): A rise in your energy level helps you fi nish an especially demanding task. Take some time now to spend with family and friends before starting a new project.

LIBRA (Sept. 23 - October 22): This is a good time to re-establish contact with trusted former associates who might be able to offer good advice regarding that career change you’ve been contemplating.

SCORPIO (October 23 - November 21): Your resourcefulness combined with a calm, cool approach help you work your way out of a knotty situation, and avoid a potentially serious misunderstanding. SAGITTARIUS (Nov. 22 - Dec. 21): A calm, quiet period allows you to recharge your energies. But, you’ll soon be ready to saddle up and gallop off in pursuit of your goals. CAPRICORN (Dec. 22 - Jan. 19): Family matters need your attention. Check things out carefully. There still might be unresolved tensions that could hinder your efforts to repair damaged relationships. AQUARIUS (Jan. 20 - Feb. 18): It’s a good time to take a stand and show as much passion on your own behalf as you do when arguing for the rights of others. You might be happily surprised by the reaction. PISCES (Feb. 19 - March 20): You bring sense and sensitivity to a confusing situation. Things soon settle down, leaving you free to enjoy a weekend of fun and relaxation with friends and family. Further, for those with even more savings or other countable resources, know that there are lawful strategies to accelerate Medi-Cal eligibility while still preserving assets, but these require strict compliance with Medi-Cal rules. In this regard, Medi-Cal planning is similar to tax planning in which the wealthy engage. However, these strategies should only be employed under the supervision of an elder law attorney with special expertise in Medi-Cal planning, or they could backfi re. For example: gifts to children – if handled incorrectly – could actually prevent a parent from qualifying for a Medi-Cal long term care subsidy.

Gene L. Osofsky is an Elder Law and Estate Planning attorney in the East Bay. For more information, please visit: LawyerForSeniors.com

CVHS Class of 1972 Reunions Next Week

There are two events: Friday, Oct.14 for 72 alumni only; and Saturday, Oct.15 for alumni and guests. Due to capacity limitations, Friday Oct.14 is for 72 alumni only, at the CV Market Place. Held on the Mezzanine Level for the Marketplace in the community space called LAB 200. A no host bar and no host food will be provided by the Night Owl Restaurant (also located on the mezzanine level). 5:30 to 10:30. This is the old Daughtry Building, 3295 Castro Valley Blvd. At the Doubletree by Hilton in Pleasanton its 7-11pm on Saturday October 15 for alumni and guests. (it’s in the lounge, you can get there when you want). Both no charge for entry. Buy your food and drinks there. For more info, email Audrey Wolverton Gross at: alwgross@aol.com or cvhs1972reunion@yahoo.com

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