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.  


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