Understanding a Nursing Home Admission Agreement

One of the biggest lies any one of us ever tells is checking the “I have read the Terms and Conditions” box on literally anything to do with technology or being online. Of course, that’s easy to do, isn’t it? Just hit “Accept” and you’re done. No waiting, no hassle, no nothing. Just done. Unfortunately, real life isn’t at all like that, and when we agree to anything of any kind of importance, there are usually pages upon pages of things we have to read before we can actually agree to it. After all, we want to know that we understand exactly what we can expect from whatever it is. This is most especially true in the realm of health care and caring for our elderly loved ones. Specifically, we’ll be looking at how to understand a nursing home admission agreement.

First, take your time and do not rush through the document. If at all possible, let your attorney see and through the agreement before you sign it. You should do this because some agreements may have illegal or otherwise misleading provisions. Also, DO NOT sign the agreement until after the resident has already decided to move in. Once they move in, you’ll have a lot more leverage to work with. Though, if you have to sign it beforehand, be sure and ask the nursing home to delete any and all illegal or unfair terms from the agreement.

There are a couple of common things in these kinds of agreements you need to watch out for—a requirement that you are liable for the resident’s expenses, and a binding arbitration agreement. Let’s take a closer look at each now:

Responsible Party

There’s a possibility the nursing home might try to get family members to sign the agreement stating that those members are the “responsible part.” DO NOT AGREE TO THIS TERM! Nursing homes are forbidden from requiring any third parties to guarantee payment of any bills, but they might try to get families to voluntarily agree to it anyway.

If they are able to do so, the resident should sign the agreement him- or herself. If this is not possible, you can do it as their family member. However, you should remember to clarify that you are doing so as the resident’s agent. If you sign as a responsible party, you may then be obligated to pay the nursing home if the resident cannot do so on their own. Look over the agreement carefully, looking out for any terms like “responsible party,” “guarantor,” “financial agreement,” or anything similar. Before you sign, you can cross out any terms indicating yourself as the responsible party for payment, and clearly indicate that you’re only agreeing to use income and resources from the resident themselves to pay for care.

Arbitration Provision

Many admission agreements for nursing homes include a provision that states that any and all disputes over the care of the resident will be decided through arbitration.

Let’s quickly look at three other provisions you might run across in this agreement.

Private Pay Requirement

It is illegal for a nursing home to require a Medicare or Medicaid recipient to pay the private rate for a short time. Also, they cannot require a resident to affirm that he or she is not eligible for Medicare or Medicaid if he or she actually is.

Eviction Procedures

By law, the nursing home cannot authorize eviction of any resident for reasons other than the following:

  • The nursing home cannot meet the needs of the resident
  • The health of the resident has improved
  • Other residents are endangering the resident’s presence
  • The resident hasn’t paid
  • The nursing home is closing down

Waiver of Rights

Finally, any provision that waives the nursing home’s liability for any lost or stolen personal items is illegal. It is also illegal for them to waive liability for the resident’s health.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

What to Do About Wandering

That feeling of dread that parents experience when they lose their child at the grocery store can happen to us again as adults, especially if our elderly parents have Alzheimer’s and are prone to wandering. So, what can you do if the unthinkable should happen?

The fact of the matter is that 6 out of 10 Alzheimer’s patients (over half!) will often move around aimlessly or try to leave the immediate area, causing more confusion thanks to memory loss and other physical disabilities associated with Alzheimer’s. If this happens to your loved one, here are some things you can do to help bring them back safely:

  • Use Technology:

There are a lot of great technologies that can help both you and law enforcement in locating your loved one. Such things include Medical ID bracelets that can help Good Samaritans to better help your family member or friend, phone alert technology that alerts those in a community about a missing person, as well as track systems that make use of satellite or cell technology to locate a missing person.

  • Begin search and rescue efforts at once:

Around 94% of people that have wandered off are often found close to their homes or wherever they went missing from, so focus any early search efforts in that particular area.

  • Have identifying information:

Be sure to keep a recent photo and medical information on-hand in order to give to law enforcement or other volunteer searchers.

  • Ask neighbors and friends for help:

People with Alzheimer’s often struggle in identifying themselves, so it’s important to have as many people as possible to help in the search who know what your loved one looks like and can identify him or her.

  • Find familiar places:

A loved one might go to the places they know, like old homes, favorite restaurants, or places of worship. If any such places are close by the area, they’re likely a good place to look first or to talk about with police and law enforcement.

  • Follow the hand:

Those

with Alzheimer’s often head off in the direction of their dominant hand, so it’s a good idea to start looking in that particular direction first.

While it can be and is often a frightening time when a loved one has wandered off, following these steps can better help you to be able to organize searches and know what to do in case just such a scenario should happen. And while it can be easier said than done, it is important, also, to remain calm. Keeping a level head will help you to concentrate and remember, it’s often made more difficult to search for a lost loved one if we ourselves are breaking down because of it.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

Ownership and Beneficiaries

If you’ve been preparing for having to care for a loved one or deal with their passing, chances are good that you’ve at least heard the terms “ownership” and “beneficiary.” Perhaps, though, this is your first foray into the world of elder law and all the fancy terms it includes, so let’s quickly go over each of those things right now.

Beneficiaries are those people or other entities whom you leave things to in your will. In talking about life insurance, they are the ones who inherit any proceeds from that life insurance policy. Most generally, someone will say that their spouse, if possible, should be the beneficiary, or their children if the spouse is deceased.

You should be aware that any proceeds you leave to your spouse at the time of your death have potential to be lost (at the time of their death) or the subject of claims by any creditors, or they may even go to the surviving spouse’s new spouse if they get remarried.

Any children will be subject to the exact same circumstances as a spouse. However, a guardian may gain access to the funds if the children are minors. If you want to designate your estate as the beneficiary, you can. Although you need to be aware that this will cause any proceeds to go through the probate process. The proceeds could also potentially be subject to claims via creditors along with increasing the taxable estate for estate tax purposes.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

Who is an Elder Lawyer?

As with any area of the law, Elder Law can be just as difficult for someone to fully wrap their minds around, even if they have a vague idea or preliminary understanding of what area a specific lawyer may specialize in. So, who is an elder lawyer? An elder lawyer is someone who has dedicated his or her professional life to helping older adults and their families through the trials and tribulations that can crop up as a person gets older.

Specifically, an elder law attorney can help in a number of areas and with numerous issues, including the following:

  • Guardianship, Proxies, Power of Attorney (both Financial and Clinical)
  • Healthcare Surrogates and Proxies
  • Planning for things like Long-term Care, enrollment in Medicare and other programs, Medicaid applications, and Miller trusts (also called Qualified Income Trusts)
  • Durable Power of Attorney and other such legal matters
  • Healthcare Surrogates and Decision Makers
  • Special accounts and trusts for people with disabilities
  • Revocable and Irrevocable trusts
  • Issues stemming from elderly abuse, neglect and exploitation

For a full list of issues we cover and services we provide, you can check out the Scott Counsel homepage.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

Winding Up Legal Affairs After Death

Dying is a part of life that can be tough on everyone involved—both individually and as a family unit. And while that might seem like the toughest part of losing a loved one, sometimes what comes after can be just as tiring and overwhelming, if not more so. So, if it’s up to you to take care of your loved one’s affairs, the tips in this article are for you. Let’s get started.

While you may be thinking you should get started right away, the first thing you need to know is that it doesn’t have to start the second the person passes away. Losing someone you were close to is an incredibly painful time, and it’s important to take that time to grieve when you need to. Though, you should also make it a point to see a trusts and estates attorney no more than a month following death. In a best-case scenario, this person will also be the same one who created the will and set up an irrevocable living trust.

When the process does get rolling, you’re going to want to get a copy of the decedent’s estate plan documents—like the will and trust (if there is one).  Many times, the attorney will have a copy or will have one in a safety deposit box. Next, make sure to make that appointment with the trusts and estates attorney in the same state where the deceased lived. Things like the will and any other estate plan documents will have been made according to that state’s particular laws, and you’ll need an attorney licensed in that state to help you get through the process.

The next step is to pay the attorney from the estate of the deceased. Many trusts and estates attorneys will charge by the hour for this work, and anywhere in the range of $200 to $500 an hour is normal for you to expect. If the estate has to pass through probate, many states will give the attorney payment on a sliding scale based on any assets in the estate, and only then, by obtaining court approval.

In your first meeting with the lawyer, he or she will explain to you what’s expected of you if you are the trustee of the trust or executor of the estate. The first thing you’ll likely do is obtain copies of the death certificate and a statement of any assets and liabilities. This will include a listing of all bank accounts, assets, life insurance policies, annuities, and investments, and any outstanding debts. You’ll also want to start receiving monthly statements on any accounts, so you can estimate their value on the day of death.

If the person happened to forget to put an asset in the trust, the attorney could potentially have to go to court to have it put in. If there are any assets for heirs, it’s simple. However, if the estate plan calls for sub-trusts (to hold for future generations or control distribution to beneficiaries), then they’ll need to be drafted and funded, which means a change of titles on assets. These trusts will then need to be given and invested appropriately by you, since you are the trustee.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

When to Take a Break from Caregiving

Caring for another person can be one of the most rewarding experiences we can have, and while we certainly can enjoy and take pride in the work that we do, it is so important that we don’t get burned out in the process. After all, if we are rundown or sick ourselves, we can’t provide the best care possible to those who may be counting on us.

If you find yourself feeling, rundown, anxious, tired, stressed, or burnt out, be sure to enlist help where you can. Ask another trusted friend or family member to take over for you, or perhaps even hire a professional caregiver to look after your loved one while you recuperate. That way, you won’t have to worry that your loved one isn’t getting proper care while you’re away, and you can just focus on feeling better.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

When Should You See an Elder Law Attorney?

You might be reading this and wondering when would be the right time to speak with an elder law attorney, or perhaps if you even need to speak with someone to begin with. The truth is that if you are put in a position to be in charge of a loved one’s property or other things, it may be a good idea to consider speaking with an elder law attorney before either you, your spouse, or parents make any large transfers of property. Some times that you might consider getting advice from an elder law professional include:

  • Before giving away a house, a part interest in a house, or a remainder interest in a house.
  • Before selling a home, regardless of if you intend to take cash, sell on contract, or buy another home.
  • Before giving away any significant gifts like stock or money to a child, relative, or charity, or
  • Before purchasing an annuity.

You’ll also want to seek counsel before either you, your spouse, or parents need any time of long-term care. A good time to do this would be:

  • When you start to feel that either you, your spouse, or parents might require long-term care in the foreseeable future.
  • Prior to you, your spouse, or parents getting too overwhelmed by all of the responsibilities and work that home care requires.
  • When you begin to notice that you, your spouse, or parents might be becoming unable to properly manage business or any other financial issues, in order to begin the process of establishing powers of attorney and other documents so that others can take care of the business later (and also make transfers in order to help someone qualify for Medicaid while also saving money for the home spouse).

Another good time to look into elder law advice would be if someone tells you that you, your spouse, or parents should try something new. Use caution when someone tells you:

  • That you, your spouse, or parents should really do something to better prepare for Medicaid.
  • That you, your spouse, or parents should so something that will preserve assets from Medicaid spend down.
  • That you, your spouse, or parents need to do or should do something in order that your assets can be passed to your spouse or children, instead of being used for things like paying bills or other such necessities.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

Protecting a Resident’s Funds

Getting older is a challenge in and of itself, let alone having to think about possibilities like nursing homes or long-term care centers. Add everything together and it can be overwhelming what you have to remember and make note of. It’s possible you could be wondering just exactly what rights you have in a nursing home that’s been certified by Medicaid or Medicare, and remember that you do have rights and protections under both federal and state laws. These laws work together to ensure you get the care and services you need, and there are numerous rights and protections. However, our focus now is on to protect a resident’s funds.

First off, if you decide to deposit money with the nursing home or you ask them to hold or account for your money for you, you have to sign a written statement saying you want them to do this. Next, the nursing home must allow you access to bank accounts, cash, and any other of your financial records. They also must have a system in place that ensures full accounting for any of your funds, and they are not allowed to combine your funds with those of the nursing home. Third, they have to protect your funds from any kind of loss by providing an acceptable protection, like buying a surety bond. Finally, if a resident who has a fund dies, the nursing home is required, by law, to return his or her funds along with a final accounting to the person or court who is handling the resident’s estate within 30 days.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

Social Security, Pensions, and Veterans’ Affairs

We’ve talked a lot about probate in previous articles, but you may still be foggy on how the probate process deals with things like social security, pensions, or even Veteran Affairs. We want to get you the answers you need, so let’s get started!

Like a great many other government-run programs, Social Security can be more than a little confusing, but it can also greatly benefit us as well. So, what does it do? One of the things it does is give surviving family members what are known as survivor’s benefits, along with any other benefits to any eligible person(s). Such benefits might include things like monthly payments or, if you prefer, a lump sum death payment.

Anyone who is a widow or widower, or any minor children or other family members might be eligible to receive benefits, but only if applicable.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

Importance of a Social Worker

Oftentimes when we think of social workers, images of those who work to get children out of unsafe or less than ideal conditions may pop into our heads. But it isn’t only children that social workers assist. No, in fact, there are social workers who specialize in the field of the elderly population as well.

The field of geriatric social work has indeed grown right alongside the aging population. In a report by the Administration on Aging, those people 65 or older made up about 12.4% of the population in 2000, and that number is expected to rise to 19% by 2030. That accounts for a total of 72.1 million people.

Because of this, those whose calling is in elderly social work focus on helping those individuals and their families, and the communities too. A geriatric social worker isn’t what it might sound like at first. Instead, a geriatric social worker specializes in dealing with those people 65 or older, like we mentioned above. They also often have graduate-level education and field experience in the areas of geriatrics, gerontology, aging or social work with older people.

They work to take care of a number of issues that older adults and their families have to put up with, and also the many social and environmental changes that go along with getting older. Let’s take a look at what that includes right now:

They can help you get through the mountains of paperwork and confusion that come from health care or other social services. In particular, they can help with clinical interventions for someone who is lonely or who suffers from depression or anxiety. They also serve as a link between clients and the numerous programs—both public and private—that may be available to them. They are a source of advocacy, and can give clients an Advanced Directive form and show them how to complete it, and geriatric social workers are often a first line of defense against elder abuse.

Those families in a caregiving situation right now can be greatly helped by geriatric social workers too, since they offer direct assistance to families through things like family-support services, suggesting useful technologies, and coordinating medical care. They can also provide counseling services dealing with end-of-life issues, bereavement, or any other concerns that seniors or their families could have. They are a go-between for elders and their families and the health care staff, and work to keep families apprised of their loved one’s conditions.

They can also help in a home care setting as well. Social workers specializing in geriatric care will often coordinate discharge planning from the hospital to home, and will work to conduct home visits to ensure that their client is safe, happy, healthy and living in an environment in which they can thrive. They can also let families know when home care might be inappropriate for an elder, and help with finding assistance or transportation services, or recommend specialized technology for use with in-home care.

Geriatric care managers are trained to be aware of and recognize any abnormal patterns in aging and can suggest when a doctor visit may be appropriate. They can also arrange the appointment or visit. When making use of a geriatric social worker, some elders can live in their own home when, otherwise, they would be put in a nursing home facility.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.