VOLS Legal Director Peter Kempner testified before a joint hearing of the New York City Council’s Committees on Veterans and Aging on April 20. This hearing focused on the unique challenges faced by older veterans and the importance of tailoring services to meet their needs. This is the work that we do every day in the VOLS Veterans Initiative. Our testimony highlighted the important of planning for incapacity and end of life for aging veterans and how this kind of planning allows veterans to age in place in the community with dignity. The COVID-19 pandemic has only reinforced the urgency and importance of planning for the future for vulnerable older veterans.
Good morning. My name is Peter Kempner. I am the Legal Director at Volunteers of Legal Service (VOLS), where I supervise the VOLS Veterans Initiative which is a part of our Elderly Project. VOLS was established in 1984 and our purpose is to leverage private attorneys to provide free legal services to low-income New Yorkers to help fill the justice gap.
Prior to the COVID-19 outbreak, the VOLS Veterans Initiative conducted free weekly legal clinics at the Manhattan Campus of the Department of Veterans Affairs’ NY Harbor Health Care System where we provided free civil legal services to low-income veterans aged 60 and over. After the crisis shut the VA Hospital to outside visitors, we moved our services online and launched a legal hotline for low-income elderly veterans. The core work that VOLS does for older veterans is the drafting and execution of life planning documents which include Last Wills and Testaments, Powers of Attorney, Health Care Proxies, Living Wills and other advance directives.
The COVID-19 crisis has ravaged our veteran community. In January 2021, the United States Department of Veterans Affairs reported that more veterans had died of COVID-19 than from Operation Iraqi Freedom (which lasted from 2003 – 2010) and Operation Enduring Freedom (which lasted from 2001 – 2015), combined. In addition, a 2020 study using national Veterans Administration data showed that of veterans who tested positive for COVID-19 between February 28, 2020 and May 14, 2020, most deaths were attributed to being age 50 and older, male, and having a greater comorbidity burden. Locally we have seen the devastating impact of the pandemic on our seniors, who have suffered 80% of the COVID-related deaths in New York City. In our minds this crisis has only reinforced the urgency and importance of planning for disability and end of life. Sadly, too few seniors have properly planned for the future and we know that the New York City veteran community is a greying one. These veterans not only need access to free attorneys to help them plan for the future, but to also meet a wide variety of legal challenges that they face.
NYC Department of Veterans Services estimates there are 210,000 veterans of all economic backgrounds living in the city, 30% of whom are age 55+. VOLS serves low-income veterans living at up to 400% of the Federal Poverty Level, which considers the high cost of living in New York City and ensures that veterans with service-related disabilities can access our services. Veterans face civil legal challenges and a dearth of affordable, quality legal services. Many do not know whom to turn to for legal help. According to the Legal Services Corporation 2017 Justice Gap report, 71% of veterans faced at least one civil legal problem and 21% had six or more problems in the past year. According to the same report, veterans seek professional legal help for 21% of problems because they did not know where to look (29%), because they decided to deal with problem on own (25%), or because they were not sure if the issue was a legal matter (18%).
Studies suggest that veterans, like the population at large, have not engaged in life planning. For example, a 2015 study of veterans diagnosed with cancer found that close to half lacked a documented advance directive. A 2017 study by the University of California found that 81% of more than 2,500 veterans they surveyed did not have an advanced directive. Among the U.S. population, approximately 37% have completed an advance directive.
41% of veterans in New York identify as African American, Asian, Latino, or multiracial. Many low-income and senior individuals of color have lacked access to quality healthcare prior to and during the pandemic; they have been particularly vulnerable to COVID- 19, with 28% and 34% of deaths coming from Black and Latinx communities, respectively. In addition, studies have shown that people of color are less likely to engage in advanced care planning.
Many low-income older veterans think that because they do not have resources or wealth to pass on to the next generation, they do not need to have advance directives in place. They are wrong.
By engaging in effective life planning, elderly and disabled veterans are more likely to stay in their homes where they can age in place and live with dignity. For example, a veteran who has executed a Power of Attorney empowers their agent to seek government benefits to pay for housing costs, to sign leases, apply for and recertify housing subsidies, and deal with any issue that may arise with their landlord or housing provider. Landlords and market forces are increasingly pushing long term tenants from their homes, so taking action to stabilize housing for veterans is more urgent than ever. Health Care Proxies allow caregiver to make critical medical decisions and seek appropriate care for the veteran who entrusted them with this agency. Without these tools in place, older veterans may find themselves in a nursing home, which in New York City cost an average of $148,000 per year per person. Veterans on Medicaid or Medicare who live in their homes will save taxpayers approximately $1,600 per month. Effective life planning can also keep disabled and elderly veterans from falling into guardianship and other government involvement. Veterans should be afforded the opportunity to choose someone they trust to handle their affairs. Guardianship can also be costly to public coffers due to legal fees, court examiners, and the involvement of Adult Protective Services.
Our hope is that the oversight being conducted today by your two Committees, and the reporting requirements outlined in Int 1616-2019 will bring to light many of the issues that older veterans in New York City face. Cooperation between the New York City Department for the Aging and the New York City Department of Veterans Services is one key to meeting the needs of older veterans and we applaud the recognition of the intersectionality that is embodied in holding this joint hearing today.
Thank you for allowing us to submit this testimony and for supporting the needs of our older veterans.
Peter Kempner, Esq.
Legal Director