Catherine Baker Knoll, Senior Servant

Catherine Baker Knoll, the Lieutenant Governor of Pennsylvania, died on Wednesday evening, November 12, 2008, after a 4-month battle with neuroendocrine cancer, according to news reports, including "Lt. Gov. Catherine Baker Knoll dies" (11/12/08) by Tom Barnes, published by the Pittsburgh Post-Gazette.

Lt. Gov. Catherine Baker Knoll, the first woman ever elected to the state's second-ranking post, has died, the governor's office announced tonight.

Mrs. Knoll, 78, had battled a rare form of cancer. She died at 6 p.m. at the National Rehabilitation Hospital in Washington, D.C., according to Mary Isenhour, executive director of the Democratic State Committee.

Gov. Ed Rendell said he and his wife, Midge, "mourn the passing of one of the strongest, most dedicated public servants in Pennsylvania's history."

Even as she was fighting cancer, he said, "she remained upbeat and dedicated to serving the commonwealth. Catherine was a very passionate and exuberant advocate for many worthy causes." * * *

While serving as Pennsylvania's State Treasurer for two consecutive four-year terms (1989-1997), she started the Pennsylvania TAP program (Tuition Account Program), created the PA Treasury Investment Center, and started a partnership with the Pennsylvania Home Builders Association and Pennsylvania community banks to build affordable housing in Pennsylvania. See also: Knoll's Biography posted on the Lieutenant's Governor's website; and NNDB Mapper for "Catherine Baker Knoll."

Catherine Baker Knoll was sworn in as Pennsylvania's 30th Lieutenant Governor on January 21, 2003, when she was 72 years old (born 09/03/30), as the first woman to hold that office. She was reelected in November, 2006, when she was 76 years old.

She demonstrated that a woman in Pennsylvania (with a Roman Catholic faith) could rise to a high elective office in later life, even after prior political defeats and public controversies. As a feisty politician, she continued to change the state where she was born, was educated, had worked, and lived all her life. See: Catherine Baker Knoll: Slideshow, posted by the Pittsburgh Post-Gazette.

On the website of the Office of the Lieutenant Governor of Pennsylvania, a photograph of Knoll's smiling face appears above a press release now announcing the reactions of public officials to her death. Such testaments by her peers to her life's accomplishments are impressive.

But, as this Commonwealth enters a mourning period after her passing, I am likewise impressed about sentiments expressed by non-public people -- common folks -- who knew her also as a peer -- as a person, and a feisty person at that.

On the SmartTalk radio program broadcast by WITF-FM (Harrisburg, PA) on the morning of Thursday, November 13th on the topic "Remembering the life and career of Lieutenant Governor Catherine Baker Knoll" (MP3, 1 hour), at least two callers told stories about her passionate, proud participation in the annual motorcycle rally from the State Capitol in Harrisburg, to Gettysburg, to raise funds for the Gettysburg Battlefield Preservation Association.

At those events sponsored by A.B.A.T.E. (Alliance of Bikers Aimed Towards Education) of Pennsylvania, she didn't just make an appearance, or only make a speech; she rode the entire course with those burly bikers as a passenger on a State Police motorcycle driven by a State Trooper, at the head of the column (see photo above, taken on May 25, 2006).

At the 2006 motorcycle rally, she was 75 years old, riding on a road-bike in a windbreaker, smiling.

The Press Release on the Lieutenant Governor's website ended with her words, written near the end of her life in a letter sent to President-elect Obama after his win in the November 4th election.

She still looked forward:

"You inspired millions of Americans by putting your signature on a chapter of history that was waiting to be written. In doing so, you also sent a signal to the world that once again America has a smile on its face, that we intend to be as friendly as we are firm."

"I am proud of our Pennsylvania voters for standing tall when they were needed the most. In the years just ahead, I want our Commonwealth to fulfill your hope --- that we be neither a red state nor a blue state, but rather a state united by our passion for a better America."

Photo Source: ABATE Check Presentation Photo Gallery (May 25, 2006)

Survey on Free Legal Services to Seniors

On November 12, 2008, Linda M. Anderson, as Chair of the Elder Law Section of the Pennsylvania Bar Association, sent an email message to Section members seeking input, through a grant-supported survey on legal services to senior citizens, about pro bono legal programs in Pennsylvania.

With permission granted by the PBA, and after an exchange of email with Linda, I repost her message:

The Pennsylvania Bar Association's Pro Bono Office and the PBA's Elder Law Section are pleased to be partners with the PA Department of Aging and SeniorLAW Center, who have secured a grant from The U.S. Administration on Aging, which has enabled us to make a comprehensive assessment of county pro bono programs and other legal services throughout Pennsylvania.

The Elder Law Section has created an online survey to collect information necessary to determine strengths and weaknesses in providing those services and help identify unmet legal needs of senior citizens throughout the state.

The Section asks all its members to participate in the online survey to help it assess the pro bono system currently in place and its accessibility to Pennsylvania's seniors. * * *

Thank you for taking the time to participate in this very important project. It will give us such valuable information for determining the steps needed to give our senior citizens the legal support they need.

Please complete the survey by November 30, 2008. [Links & highlights added]

Such a grant appears to derive from the AoA's support of Senior Legal Services, as described in its 2006 Annual Report entitled "Modernizing Older Americans Act Programs" (29 pages; DOC format- 1.4MB; PDF format - 813KB):

The OAA is one of the top funding sources for low-income senior legal assistance. There are approximately 1,000 OAA-funded legal services providers nationwide, which help to ensure that older Americans receive legal assistance and critical information.

AoA’s legal programs help older Americans and their caregivers address threats to home ownership (such as predatory lending and consumer scams), obtain financial powers of attorney or guardianships that can prevent or stop financial exploitation, and apply for public benefits that promote health and independence. * * *

Prior Annual Reports (2003-2005) are available online, but none have been issued since 2006.

The referenced survey project in Pennsylvania appears to be one of the types mentioned in the 2006 Annual Report on page 23:

In addition, AoA currently funds eight Grants to Enhance Access to Senior Legal Services and six new Model Approaches to Statewide Legal Assistance Systems, which provide States with cost-effective ways to increase the number of seniors who receive this type of assistance.

The purpose of the Model Approaches grants is to develop models for statewide legal services development and delivery systems that coordinate the efforts of senior legal helplines, Title III-B legal resources, private bar pro bono activities, law school clinics and self-help sites to ensure maximum impact from limited resources.

Upon completion of the three-year grant period, grantees are expected to present cost-effective examples of integrated State legal services delivery systems that increase overall access to legal services within their States.

These grants are intended to enhance statewide consistency and efficiency in senior legal services program delivery through incorporating the use of low-cost legal services mechanisms into the State legal services planning and development process. * * *

Some of the eighteen questions in the PBA Elder Law Section's online survey seek to gauge the effectiveness of two services already providing legal information or local referrals for seniors citizens in Pennsylvania.

ProBono.Net, a national association of lawyers, can arrange free legal services to qualifying low-income people in many states, including Pennsylvania.

PA Law Help, on its website, summarizes Pennsylvania law & resources on various topics. Its Elder Law section lists these subtopics:

Consumer Issues for Seniors Family Issues for Seniors Elder Abuse and Exploitation Guardianships, Powers of Attorney and Living Wills Housing and Homeownership Medical Assistance

Medicare Nursing Homes Social Security Supplemental Security Income (SSI) Wills and Estates

For senior citizens (age 60+) in Pennsylvania, the toll-free Pennsylvania SeniorLAW Helpline, associated with PA Law Help, remains one of the best legal referral and information resources available.

It is staffed by lawyers who can address, over the telephone, many concerns raised by senior citizens, including:

• Consumer problems (credit, debt, bankruptcy)
• Health care, including Medicare Part D
• Estate planning (wills, powers of attorney)
• Pensions - government and private
• Family law (divorce, custody, domestic violence)
• Housing (landlord-tenant, deeds, utilities)
  

Seniors may call that helpline at 1-877-PA SR LAW (1-877-727-7529) for legal information, Monday through Friday, from 10 a.m. to 4 p.m.

Post-Election, What Does the Future Hold?

Janet Colliton, Esq., of West Chester, PA, wrote an article published on November 10, 2008, in The Daily Local News (West Chester, PA), entitled “The Presidential Election Is History – What Does the Future Hold?”

She told me that crafting her predictions "took a fair amount of time and research." I find her "predictions" fascinating, and sufficiently detailed to be credible.

With her permission, I reprint her article here (edited slightly by me, and annotated with some Internet links).

At the conclusion of her article, I'll make two predictions of my own.

The Presidential Election Is History –
What Does the Future Hold?
Copyright © by Janet Colliton, Esq.

On November 4, the Presidential campaign season finally came to a halt with the election of Barack Obama as 44th U.S. President. While first on the new President Elect’s agenda are measures to restore the economy, other matters will likely soon follow.

Having hauled my figurative crystal ball from storage, I will venture some predictions on the policy winners and losers for the next four years.

Social Security and Medicare

The Social Security prediction is easy and one I share with others. See, for instance Mark Miller’s “Retiring on Obama’s Watch: What To Expect From 44.” Mark’s expression was “First things first: privatization of Social Security is dead as a doornail.”

Readers will remember the plan introduced by the Bush Administration in 2005 to allow younger workers to invest at least a portion of their Social Security contributions in private accounts. Since these investments would include equities (stocks), probably more of us today would recognize the risk involved in the plan.

On a subject that I covered extensively in previous columns, Medicare was also edging its way toward privatization with Medicare Advantage Private Fee For Service (PFFS) plans, which still exist but without the prior heavy federal government subsidization. PFFS plans can charge to offer worse coverage than can be received under plain Medicare without a premium. The aggressive marketing of PFFS plans will likely at least slow over the next four years.

Health Insurance

If the idea of taxing employer subsidized health insurance benefits was a serious notion, it is dead too.

During the campaign, Senator McCain introduced the idea of taxing employees on their employer health insurance benefits in exchange for a tax credit. The plan was to level the field for individuals who purchase their own health insurance since they also would receive a similar credit. The move was based on the premise that each of us can bargain individually with health insurance carriers for the best coverage. With overwhelming leverage resting with health insurers, this perception could be questioned.

Greed Is Out. Is Community In?

The stock and mortgage market downturns have highlighted greed in our society. To blame greed as a cause, however, would be oversimplifying.

What is fairly obvious is that the creativity of businesses in packaging and selling debt products that no one understands seriously contributed to today’s problems and, when coupled with ostentatious displays of wealth by high level executives, evoked anger.

If greed is out, does this mean that community in? It is too soon to say but it does seem there is a sense of common purpose to solve financial problems.

Personal Responsibility is here to stay

One rallying cry of the early 21st century has been the mantra of “personal responsibility.” I predict that personal responsibility is with us indefinitely which, if softened by common sense, is not a bad thing.

In broadest terms, personal responsibility means that we do not expect another person or society in general to provide for us where we have the ability actually or potentially to do so on our own.

Where the idea goes awry is when it is interpreted to mean every person for himself regardless of the circumstances. Despite our idealization of the rugged individual, I do not believe we ever were a country that believed personal responsibility eliminates concern for the elderly, youth, sick and disabled.

Legislation that may remain

Some of the legislation that dramatically altered the landscape over the past few years is likely to remain although there could be some consumer friendly revisions over time.

The federal Deficit Reduction Act that radically tightened requirements for the Medicaid program went into effect February 8, 2006. It has no immediate replacements on the horizon.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, widely understood as being sponsored by the credit card industry to prevent consumers from getting out from under credit card debt has no apparent challengers at this time.

Relief on the Way

Look soon for passage of these measures, among others, proposed by the new administration to help individuals through the financial downturn.

• Unemployment benefits will be extended.
  
• Required minimum distributions (RMD) from retirement accounts will temporarily not be required and withdrawals, if made up to the RMD amount will temporarily be exempt from federal tax.
• IRA and 401(k) owners who have not retired will temporarily be permitted hardship withdrawals up to $10,000 or 15% of the account without penalty but subject to regular income tax.

* * *

Under an additional heading of "New Legislation," I now make my two predictions:

First, Congress -- finally, after continuous past introductions of bills on this subject into Congressional Sessions since 2002 -- will refine and adopt an "Elder Justice Act". It will be signed into law by the new President within the first two years of the new administration. For background on the matters that could be covered by such federal legislation and the wide-base of national proponents for it, see: PA EE&F Law Blog posting "Federal "Elder Justice" Acts Appear Elusive" (09/12/08).

Part of my belief for passage of a federal elder justice law derives from the family connection of the new, incoming Vice-President, to the current Attorney General of Delaware, who already is very committed to elder justice issues in that state.

In the October 2008 issue (PDF version, or text version) of the newsletter of the National Center on Elder Abuse, this update appeared under the heading Delaware: Senior Protection Initiative:

State Attorney General Joseph R. “Beau” Biden, III recently announced new measures to enhance the prevention of senior victimization and to enhance the prosecution of crimes committed against older Delaware residents.

“Through the Senior Protection Initiative, the Delaware Department of Justice is redoubling its efforts to prosecute those who have committed senior abuse, encourage victims to come forward and bring together state agencies, law enforcement and advocates to tackle these issues,” said Biden. * * *

In addition to the newly created multidisciplinary team, the initiative will include public outreach efforts and increased training in detecting abuse for local law enforcement. [Link added.]

Second, I predict that Congress will adopt remedial Federal Estate, Gift, & Generation-Skipping Tax legislation by July, 2009, consistent with Senator Obama's campaign proposal, for implementation on January 1, 2010:

Sen. Obama wants to freeze the 2009 estate-tax structure, which taxes roughly 0.3% of estates -- those valued above $3.5 million per person -- at a top rate of 45%. According to Deloitte Tax, a $5 million estate would pay a tax of $675,000 under this plan. * * *

See: PA EE&F Law Blog posting "Presidential Candidates on the Issues" (11/03/08).

Hey, my guess is as good as anyone's, right?

I thank my friend and respected practitioner, Janet Colliton, Esq., for her contribution, again, to this Blog as a guest author. She practices through Colliton Law Associates, P.C. (790 East Market St, Suite 250, West Chester, PA 19382; Ofc: 610-436-6674; E-mail: colliton@collitonlaw.com) on matters limited to elder law, Medicare, Medicaid, life care, special needs, retirement planning, and estates & trust administration.

"Last Will" Movie Now in Production

"Tatum O'Neal, Tom Berenger and James Brolin will face deception, corruption and misguided family loyalties" in the independently-produced, suspense dramatic film "Last Will," which is presently in production.

For information about the film to be released in 2009, see: Last Will, posted by the Internet Movie Database.

The article "Trio fight for estate in 'Last Will' -- Tatum O'Neal, Tom Berenger, James Brolin join drama" (10/31/08) by Gregg Goldstein, posted by The Hollywood Reporter, described the movie's plot:

"Will" centers on Hayden (O'Neal), a woman framed for the murder of her wealthy husband (Berenger) in their affluent Midwestern town.

With all evidence stacked against her, she's arrested by a detective (Brolin) and begins a quest to uncover the truth.

Another posted article, "Production Begins On 'Last Will'" (10/31/08) posted by News Guide, expands upon that plot line:

In LAST WILL, a beautiful young woman Hayden (TATUM O'NEAL) is framed for the murder of her wealthy husband Frank (TOM BERENGER).

With all the evidence stacked against her, Detective Sloan (JAMES BROLIN) arrests her and Hayden finds herself in the fight of her life as she tries to uncover the truth.

Set against the backdrop of a wealthy Midwestern city, LAST WILL tells a story of deception, corruption and misguided family loyalties. * * *

Last Will is in the "shooting" stage, on location, according to that article:

Shooting began in Kansas City, Missouri on October 27 [2008] under the direction of Brent Huff (CAT CITY, WELCOME TO PARADISE), the actor/writer/director who's bringing his latest project to his native Missouri.

Huff directs from a screenplay by Alan Moscowitz. The film is produced by Irmgard Pagan and executive produced by Miguel Pagan for Moviecid. * * *

The behind the scenes creative team includes cinematographer Andrew Huebscher (Sundance Festival entries IN THE MORNING, SWALLOW), production designer Lori Mazuer (CAT CITY), and costume designer Jayme Bohn (NIGHT TRAIN, WELCOME TO PARADISE).

LAST WILL shoots at over 20 locations in the Kansas City area before wrapping at the end of November [2008].

An exact release date for the movie is not specified.

Thus, if you want to watch a movie with "last will" in the title during the near future, you will be limited to existing movies, like:

• Last Will and Testament of Marboro Patch (movie released: 12/31/04; DVD released: 03/22/05)

• The Last Will (released 2005)

• The Last Will and Testament of Tom Smith (released 1943)

• Mr. Marfil's Last Will and Testament (Unknown release date)

Well, maybe you could skip the last one, if you anticipate a dull, but critical crowd for "movie night" at home.

Photo posted by The Hollywood Reporter of
Tatum O'Neal (left), Tom Berenger and James Brolin (Getty Images photos)

"Financial Elder Abuse" Session In York

On Monday, November 10, 2008, the York County (PA) Register of Wills, Bradley C. Jacobs, will co-host the Third Annual "Breakfast with the Register" gathering, with a presentation by Neil E. Hendershot Esq., of Harrisburg, PA on the topic "The Aging Process and How the Attorney Can Deal with Financial Abuse of the Elderly."

The breakfast session will be co-hosted by the Estate Planning & Probate Section of the York County Bar Association. Members of any bar association are welcome to attend, as are the Judges of the Courts of York County, PA. The session is underwritten by M&T Investment Group.

The session will be held at the Yorktowne Hotel, in its Mirror Room, located at 48 East Market Street, York, PA.

My presentation, to be displayed through PowerPoint, will cover these aspects of the Aging Process and Financial Elder Abuse:

• Legal Status of Aging Individuals
• New Concepts & Concerns about the Aging Process
• Types & Extent of Financial Elder Abuse
• Federal versus State Involvement Countering Financial Elder Abuse
• Illustrative Cases of Financial Elder Abuse in Pennsylvania
• Education, Awareness, & Vigilance as Preventative Measures
  
• Protective Legal Arrangements for Seniors
  
• Civil Actions based upon Accountability of Fiduciaries
• Protective Services Investigations & Referrals
• Criminal Investigations & Prosecutions
• Litigation After an Elder's Death Over Lifetime Transfers & Testamentary Documents
  
• Possible New Measures to Address Financial Elder Abuse
• Supportive Organizations & Online Resources

Breakfast will begin at 7:30 p.m. I'll begin my presentation at 8:00 a.m. expecting to conclude at 9:00 a.m., permitting one hour (non-ethics) of continuing legal education credit for attorneys.

There is no cost to attend, and only a charge of $5.00 to process the CLE credit.

If interested in attending, contact the York County Bar Association (Phone: (717) 854-8755; Fax: (717) 843-8766; Email: info@yorkbar.com) to make a reservation.

Update: 11/10/08:

The session was attended by approximately 85 attorneys & judges, and the presentation was well-received.

Register of Wills Brad Jacobs took the photo posted above.

Presidential Candidates on the Issues

In anticipation of General Election Day on Tuesday, November 4, 2008, The Wall Street Journal published an article, entitled "Obama vs. McCain: It's About Your Money" (10/26/08) by Shelly Banjo, who compared the positions of the two major party candidates, John McCain and Barack Obama, on "money" issues, many of which are key concerns of seniors:

• Short-Term Economic Relief
• Income Taxes
• Estate Taxes and AMT
• Health Care
• Investments
• Retirement & Social Security

As to Estate Taxes and the AMT (Alternative Minimum Tax), the article summarized the positions of the two senators seeking the Presidency:

Both candidates support extending the Alternative Minimum Tax's 2007 "patch" exemption levels and index for inflation, and changing the federal estate-tax law to make the $2 million per-person exemption ($3.5 million next year) portable or transferable from one spouse to another.

Sen. Obama wants to freeze the 2009 estate-tax structure, which taxes roughly 0.3% of estates -- those valued above $3.5 million per person -- at a top rate of 45%. According to Deloitte Tax, a $5 million estate would pay a tax of $675,000 under this plan.

Sen. McCain has proposed a 15% estate tax (down from the current 45%) on roughly 0.2% of estates, those valued at more than $5 million per person. A $5 million estate would pay nothing under this plan, Deloitte Tax notes. * * *

In "The Election Choice: Taxes" (10/25/08), also posted by the WSJ, it was noted that "[t]he difference between candidates is the widest it's been in over two decades."

"The Obama and McCain Tax Plans: How Do They Compare?" (10/15/08), by W. Beach, K. Campbell, R. Hederman, Jr. & G. Nell, posted by The Heritage Foundation, compared, in a general, summary fashion, the candidates' positions on federal taxation.

Far more detail on this topic was provided in "2008 Presidential Candidates' Tax Proposals," posted by the Tax Policy Center, of the Urban Institute and Brooks Institute, which offered the "latest analysis of the presidential candidates' tax plans (including effects on representative taxpayers and distributional tables)."

Here are some links provided by the TPC:

• Full Report (Posted 9/12/08)
• Executive Summary (Updated 9/15/08)
• The Presidential Candidates' New Tax Proposals (10/27/08)
• How to Find Tables for TPC’s Analysis of the Candidates’ Tax Plans (September 12, 2008)
• Earlier Versions of the Analysis
• Estimates of the individual and corporate income tax changes that different groups of representative families would face under each candidate’s tax plan:

Nonelderly single individuals
Nonelderly married couples
Elderly units

"Your Money: McCain vs. Obama" (updated 10/29/08), posted by CNN/Money, provided a "detailed guide to the economic issues that matter most to voters in the 2008 presidential election," including:

• Bankruptcy
• Budget Deficit
• Driving
• Economic Crisis
• Energy Security
• Foreclosures
• Free Trade
• Gas Prices
• Health Care
• Jobs and Wages
• Medicare
• Mortgage Fraud
• Mortgage Giant Rescue
• Personal Taxes
• Savings
• Small Business
• Social Security
• Taxing Business
• Taxing Wealth
• Wall Street

"Obama, McCain on the issues" (08/28/08), posted by The International Herald Tribune, summarized the candidates' positions on a different listing of issues: Abortion, Afghanistan, Cuba, Death Penalty, Education, Energy, Gay Marriage, Global Warming, Gun Control, Health Care, Housing, Immigration, Iran, Iraq, Social Security, Stem Cell Research, Taxes, and Trade.

If you wish to view any of the candidates' positions, as stated on their own websites, on the issues developed during their campaigns, see:

• McCain-Palin 2008

• Welcome to Obama for America

Research their positions to your satisfaction, then vote. Certainly, vote.

“Voting is a civic sacrament.”

-- Theodore Hesburgh

(American Clergyman, University President)