Generation
Information About Legal Topics
Topic 144: What If I Have AIDS?
(revised 10/98)
A person
diagnosed with AIDS, the human immunodeficiency virus (HIV),
should seek as much information as possible with respect to
the medical, social, and legal complications of this disease
before making any important decisions. An excellent source
of information is a local AIDS Service organization. In the
St. Louis area, the Metropolitan St. Louis AIDS Program provides
healthcare counseling and other services. Their telephone
number is 314-658-1159. You may be eligible to receive legal
advice and assistance from Legal Aid of Eastern Missouri.
Their telephone number is 314-534-4200 extension 1224. In
the Kansas City metropolitan area, the Good Samaritan Project
provides counseling and other services to HIV infected individuals.
Their telephone number is 816-561-8784. If you are low income,
you may be eligible to receive legal advice and assistance
from Legal Aid of Western Missouri. Their telephone number
is 816-474-6750.
The purpose
of this information is to outline potential legal issues that
a person with HIV may confront.
A diagnosis
of HIV can affect your legal rights in at least four important
ways: 1) Income: You may become disabled and unable to work,
and forced to apply for public benefits; 2) Health Care: You
should know how to gain access to effective medical treatment;
3) Discrimination: You may be subject to discrimination at
your job, in housing, or in public accommodations; 4) Personal
Choices: You should plan for your individual care in the event
of incapacity, as well as asset management and disposition.
General
Relief and Social Security (SSD and/or SSI) provide income
to disabled people who are unable to work. Medicaid is available
to persons who are totally disabled and have limited resources.
Applications for General Relief and Medicaid, as well as Food
Stamps, should be made at the local Division of Family Services
Office. Applications for Social Security should be made at
your local Social Security administration office. You can
find out which SSA office to go to by calling 1-800-772-1213.
Medicare is also available to those who qualify for Title
II Social Security benefits, but is not available during the
first two years of entitlements to benefits.
Any acts
of discrimination with respect to employment, public accommodations
or housing on account of HIV is probably illegal, and
you are encouraged to seek legal assistance. The Missouri
Commission on Human Rights and EEOC accept complaints alleging
discrimination on account of HIV. Administrative complaints
must be filed promptly with the Commission and EEOC. Also,
the Americans with Disabilities Act and other federal and
local laws prohibits discrimination on account of HIV.
You should
consider contingency planning in the event of incapacity or
death. This planning could consist of the execution of a durable
power of attorney, a will and a living will. By executing
a durable power of attorney, you can appoint a person of your
choice to manage your personal and financial affairs in the
event of your incapacity. A will gives you the power to decide
what will happen to your belongings when you die. A living
will allows you to refuse certain death-prolonging medical
procedures. |