We've all seen the headlines: the transient young man charged with sexual assault after he was hired to care for a disabled child; the beloved grandmother abducted and brutally murdered; the older couple scammed out of their life savings. Sadly, these headlines merely reflect a much broader problem. Abuse and exploitation of seniors and adults with disabilities is all too common, and the ability of agencies to respond is often inadequate. In 2009, Vermont Adult Protective Services received 2452 reports of abuse or neglect. Experts agree that these reports do not begin to represent the actual number of abusive events.

The legal system is the key to addressing the epidemic of abuse and neglect of vulnerable adults. Law enforcement must be trained about these crimes and pursue allegations when they are reported. Prosecutors must be encouraged to give equal weight, and be given the resources to investigate and prosecute, adult abuse cases as allegations of child abuse. Government agencies must have at least similar levels of staffing and resources for abuse of vulnerable adults as those devoted to pursuing allegations of child abuse.

Legal Aid Settles, State Agrees to Resolve Backlog of Vulnerable Adults Abuse Complaints

Vermont Legal Aid, the Community of Vermont Elders, and Disability Rights Vermont reached agreement with the Vermont Department of Disabilities, Aging, and Independent Living to address the substantial backlog in investigations by Adult Protective Services regarding the abuse, neglect and exploitation of seniors and other vulnerable adults.　In December 2010, up to 300 cases of abuse had not been assigned to an investigator. Limited staffing as a result of budget cuts had exacerbated long-standing problems at APS. Abusive situations were left uninvestigated for months. Legal Aid joined with concerned advocacy organizations and individuals representing seniors and disabled adults and threatened to sue the Department for failing to comply with the State law requirement that investigations to be started within 48 hours. The Corrective Action Plan agreement was the result of months of negotiation and provides a roadmap for the State. Under the plan the State will: hire additional investigatory staff; clear the backlog in complaints by October 1, 2011; develop a prioritization system to promptly respond to emergencies; respond to all calls within 48 hours with an initial interview; monitoring of cases by Legal Aid and DRVT to ensure proper handling; and establishment of an Advisory Committee to work on additional, substantial improvements

The Office of Health Care Ombudsman (HCO) has received several calls from individuals who have had serious problems with "health insurance" they bought on the internet. In one case, a senior bought what she thought was comprehensive insurance off the internet after she lost her job. She subsequently became very ill with cancer and had to have numerous tests and treatments. Her bills exceeded $90,000, yet her "health insurance" paid nothing.

This has become a problem in other states as well. Some states have sued companies which have pocketed premiums without paying out. These cases are complicated by confusion over who has jurisdiction over products sold on the internet, as well as difficulties in pinning down where companies are physically located and who owns them. The office of the Vermont Attorney General is investigating the complaints that the HCO received.

Some "health insurance" products available on the internet are limited or merely discount coverage rather than providing comprehensive coverage. Often the exact coverage is not clearly indicated or is in the fine print. And sometimes these "health insurance" offers are just scams.

Before you buy any individual health insurance plan for yourself or your family, especially off the internet, be sure it is offered by an insurer licensed to provide health insurance to Vermont residents. To check to see if a plan is a real health insurance plan and legal in Vermont, call the  Department of Banking, Insurance, Securities and Health Care Administration (BISHCA) at 1-800-631-7788.

If you have problems with your health insurance, call the Office of Health Care Ombudsman at 1-800-917-7787.

Tax Issues after Divorce
 

Breaking up is hard enough, without the IRS getting involved. Understandably, taxes are not the first thing on a person's mind when he or she is going through a divorce. But, family court orders can have serious consequences in the tax realm.

Tax issues are especially dangerous when it comes to pensions and IRA accounts. For example, a divorce decree may divide one spouse's IRA account, so the other spouse receives a check. This happened to one of our tax clients at VLA. The check was supposed to be "rolled over" into the client's own IRA account. The woman, who was disabled, spent the money on a stable place to live instead of becoming homeless.

A year or so later, our client was blind-sided when she found out she owed tens of thousands of dollars in taxes and severe penalties because she did not put the check into an IRA. She was terrified that the IRS would put her in jail, take her disability check, and seize her home. Vermont Legal Aid helped the client deal with IRS collections, and she was able to keep her house and her full disability income.

Free help for IRS problems, including collections, is available at Vermont Legal Aid's Low Income Taxpayer Project (800-889-2047), and at the Central Vermont Low Income Taxpayer Clinic (802-479-3304). The Central Vermont Clinic serves clients living in Washington, Orange, and Lamoille counties. Clients under 250% of the federal poverty level are eligible for tax help. Advocates are always welcome to call Vermont Legal Aid's tax attorney Christine Speidel (802-885-5181) with questions or referrals.

Housing Discrimination is Illegal

Housing discrimination is against the law. It's unlawful to discriminate against a person in housing because of that person's race or color, national origin, religion, age, sex, disability, sexual orientation, gender identity, marital status, or because the person has minor children or receives public assistance. Housing discrimination takes many forms. Refusing to rent, sell, or give a mortgage to someone because of any of the prohibited bases listed above is housing discrimination. It's also housing discrimination to have different rules for some residents of housing because of any of these same bases. And it's housing discrimination to refuse to reasonably accommodate a person with a disability in housing.

One type of discrimination not everyone is aware of is discrimination against families with children. Refusing to rent to or having different conditions for families was such a common problem that in 1998 when Congress amended the Fair Housing Act, they added families with children to the list of prohibited bases. Nationally, and in Vermont, discrimination against families with children is one of the most common forms of discrimination.

If you or someone you know believes that he has been discriminated against in housing, please call us. We investigate housing discrimination, give legal advice, and represent victims of housing discrimination.

If you would like to volunteer with us as a civil rights investigator or in another capacity, please also give us a call. (800) 747-5022

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