Long-Distance Caregiving

A lot of grown children often worry about what their aging parents are going to do when a need arises and they aren’t there to help because they have moved away. After all, we all want to take care of our parents and make sure they’re being taken care of in our stead if we can’t be there ourselves. So, what are some things you can do to help take care of your parent(s) if you don’t live close by?

First of all, you can go to a doctor’s appointment with them if they allow you to, and this can help you get a better handle on what your parent’s level of health currently is. You can also ask your parent to fill out a release form that will allow their doctor to discuss their healthcare with you.

If you do make an appointment, remember to take a list of any questions you might have for the doctor, and also take notes! Doing so can be helpful to the primary caregiver, or used to remind the parent of what the doctor said.

You can also ask about and look into any available community resources the doctor might recommend. Bigger hospitals or medical practices might even have a social worker on-site that you may be able to schedule a meeting with.

We all want the best for our parents, and we want to provide for them, even if we aren’t physically there to do it. These are just a few quick examples of ideas that we can use to give our parent the best care possible, and make sure they’re being cared for, even when we’re not around.

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.

Geriatric Care Managers

Geriatric Care Managers (otherwise known as GCMs) are people who help family members who have to juggle between full-time employment and caring for their elderly loved one. They can also be of great assistance in helping ease any burdens at-home caregivers might face, as well as helping them to find the right services that will best benefit them and their unique situation. If you are able, the services of a geriatric care manager should not be missed out on. Even so, many families don’t, but hiring a care manager can certainly be a great help to those family members having to tread the confusing, deep waters of elderly care—maybe for the first time. A care manager has often experienced this many times and can either expertly handle each situation or quickly adapt, whichever is necessary.

Care managers can help with a variety of things: assessing the level and type of care needed, helping with a care plan, arranging for legal services and financial advisors, and everything in between.

However, as we said above, not many choose to take advantage of these services, even if they have the option to do so. They only want to save money and do it themselves, when having a care manager would oftentimes save more money in the long run than simply trying to do everything on their own.

Ultimately, the final choice to make use of a care manager (or not) must be up to each individual family, according to the elder’s actual needs. Perhaps it is, indeed, more beneficial to do things on your own, depending on the situation, but it is also important to remember that these services are available to anyone who might be struggling, or who may soon be faced with tough decisions regarding the health and well-being of their loved ones.

Remember that caring for an older loved one can be tough enough to deal with on its own, and each new day can bring with it newer, more difficult challenges than the last. Oftentimes, family members have families of their own to see to, and everything can get more than a little overwhelming. You don’t have to deal with everything by yourself, and that burden you’re feeling can be eased by a care manager. And when the burden is eased, that’s better for everyone.

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.

 

 

Paying a Family Member to Provide Care at Home

While a number of families often desire the services of a professional caregiver to help ease the burden of caring for an elderly loved one, there are still those who wish to keep the care in the family, and that’s okay. You can, in fact, be paid to provide care at home if you are a family member.

Let’s look at how it works:

  • Step 1: First, you’ll need to set aside any awkwardness you may have about discussing things like needs, wages to be earned, when you’ll be paid, any health risks, the schedule you’ll be expected to keep and how respite care or sick days for caregivers will work.
  • Step 2: Next, the creation of the actual contract. Be sure to include things like the hourly wage and any services to be provided.
  • Step 3: Contact an elder care professional, like those at Scott Counsel, to ensure that the contract complies with any tax requirements, covers inheritances, and has been approved by all other potentially interested parties (such as siblings).
  • Step 4: Be aware of the potential need for a session with a family therapist (one whose specialty is elder care). There is a lot of potential for discomfort among family members or disagreement when it comes to the plan you want to enact.
  • Step 5: Both the caregiver and the care recipient must sign the contract.
  • Step 6: Keep professional records of the following:
    • Specify any service(s) performed, the dates they were performed, and the amount paid. Such paperwork is vital should the family member wish to apply for Medicaid later on. A caseworker will examine records for the past five years during the qualification process, so it’s important to keep track.
    • Report any income! It is a caregiver’s responsibility to report any earned wages as taxable income. THIS IS LEGALLY REQUIRED. If taxes have not been paid, this will hurt your loved one’s chances of applying for Medicaid later on, as Medicaid will consider it a gift, not an expense.

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.

Setting Up the Home for Caregiving

When preparing to care for an elderly loved one, either in their home or your own, it is important to make sure that as much of the house as possible is safe for them to move around in (if they can), and safe for them to live in. Let’s take a look at some of the ways to keep the home safe for our elderly loved ones.

First of all—the bathroom. Since we lose the strength in our extremities first as we get older, the fact that bathrooms contain lots of moisture, slick surfaces, and nowhere soft to land if we fall, the bathroom is one of the most dangerous places in a home. Even just trying to get on or off the toilet can be dangerous for an elderly person, let alone trying to get into or out of the shower. Doctors will often recommend an elevated seat with armrests for extra support. However, even models that can be clamped into place won’t work well if the person is overweight. Instead, a better model is one that combines both the seat and armrests with a hydraulic lift that can be used as a bedside toilet.

Grab bars are a must for the tub or shower, and there are even suction grab bars that have armrests that are portable, sturdy, medically safe, and won’t cause holes in your walls. These range in price from $65-$140, which is less than hiring someone to install something for you. Those less than $65 tend to be more dangerous, as they can lose suction, so be cautious!

For the person who has trouble staying in bed, the Standers EZ Adjust Bed Rail might do the trick since it’s quite simple to install and use, and can be adjusted to three different lengths.

The Sonic Boom Alarm Clock series comes in a variety of styles uses a number of features that are specifically for keeping even heavy sleepers from missing their alarm. Such features include a bed-shaker that shakes enough to wake them up, to adjustable alarm volumes ranging from “subtle” all the way to “wake the neighbors,” and most clocks also have battery power backups in case the power goes out.

If you have any questions about these or any other concerns regarding home safety for the elderly, the professionals at Scott Counsel will be happy to assist you in answering them and, most importantly, alleviating your fears.

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.

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.

When Loved Ones Reject Care

Not a one of us wants too lose that image that we have of those we love—strong, vibrant, full of life and energetic. But, it happens. Suddenly, those we thought were unstoppable somehow can’t even complete the simplest of tasks. We want to help them, but sometimes they reject help or simply refuse to even ask for or receive it. What can you do if you find yourself in that situation? Here are some tips:

  1. Start Early

The best-case scenario when it comes to receiving care later in life is one where families have had the conversation of potentially receiving care in the future. Make sure that the conversation is relaxed and not forced. If the opportunity arises, you could ask something like “Where do you see yourself getting older?” or “What would you think of hiring a housekeeper or driver so you could stay at home?” The earlier you can peaceably discuss the situation and the possibilities in brings, the easier it can be to bring them around to the idea when the time finally arrives.

  1. Be Patient

When discussing the topic, be sure to remember and ask open-ended questions and be patient. Give your loved one time to think and answer on their own. However, it could take a while to get to the root issue, with many stops at off-topic discussions along the way. But don’t give up. If you can find out the cause of why they’ve fired several aides—perhaps because they did not vacuum or dust a specific spot—you may be better able to figure out how to help them best.

  1. Probe Deeply

Your loved one may have what is, in their mind, a perfectly legitimate reason for refusing to get help when they need it. Again, if you can ask questions and figure out why that is, then you can come up with a proper solution to the issue. However, it’s important to remember that you should try to build trust with them; listen and try to see things from their perspective rather than cutting them down and invalidating their feelings in the process.

  1. Offer Options

If you’re in the process of preparing interviews for potential help, try to include your parents in the interviewing process or the setting of schedules, if possible. You could let them set the days or the times during those days that they have an aide present. Be sure to highlight the positives of having an aide around: companionship for walks, concerts, museum visits, and lots of other favorite activities.

  1. Recruit Outsiders Early

It can sometimes be a lot easier for parents to talk with someone from the outside rather than another family member. Don’t be afraid to ask a social worker, a doctor or nurse, a priest or minister, or even an old friend, to bring up the idea to them.

  1. Prioritize Problems

One thing that might help is to make two lists: one for the problems and one for the steps you’ve already taken, and where you can go to get more help. If you don’t prioritize the issues, caregiving can turn into an even bigger problem than perhaps you’re already facing. By categorizing them, that can help remove some of the stress.

  1. Use Indirect Approaches

If your loved one suffers from a mental health issue such as dementia, sometimes giving them less information can prove more helpful. You don’t have to go into every minute detail of what the aide can help with before they even have the ability to form a relationship with the caregiver. This might take away some of the anxiety they may be feeling.

  1. Take it Slow

Incorporate a new aide slowly. You could start with short, simple home visits or meet together for coffee, then take the aide to the doctor later on. Having some pretext to leave earlier and allowing the aide to accompany the loved one home will help to establish the relationship and make them more comfortable.

  1. Accept Your Limits

Remember that you aren’t Superman or Wonder Woman; you can’t do everything, and sometimes bad things happen that we can’t stop. However, if your loved ones aren’t a danger to themselves or others, let them make their own decisions. It’s important to accept your limits, know what you can and can’t do, and not feel guilty about 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.

Setting Boundaries as the Caregiver

When we’re young, we learn about boundaries—where they are and how not to cross them. As we grow, oftentimes there are no issues respecting these invisible, unspoken boundaries that have been dictated to us by both our society at large and on a more personal level by our family units. When caring for our older family members, however, it can be much more difficult to distinguish the lines between those boundaries—for both them and ourselves. Sometimes, we so desire to be of assistance that we don’t realize that we, in fact, might be overstepping. This is why it is crucial to set boundaries for caregiving and make sure they’re well established at the beginning of the journey.

One of the more common complaints is that a caregiver may feel that his or her loved one has been taking advantage of them—perhaps not physically, of course, but simply in the way that they may ask the caregiver to do things. The caregiver may feel run ragged, may see no chance of relief in sight, and hear no thanks given by their charge.

If this is the case for you, then it is absolutely important to make sure some boundaries are set. After all, you want to be sure and be there for them inasmuch as you can be, but you also need to be sure and take time for yourself too. Remember that it’s okay to speak up! You are as deserving to have your feelings known and your voice heard as your loved one is. You matter just as much as they do.

It can be difficult for caregivers though, since we don’t want to make anyone feel like they’re imposing on us, no matter if they sometimes unintentionally do. Simply let your charge know what boundaries you’ve set for yourself and make sure they understand and will abide by those boundaries. It can also be important to reassure them if you need some time for yourself that you’ve ensured they will be taken care of by someone you both trust while you’re away.

It can’t be overstated—you have got to take care of yourself first before you can begin to even think of looking after someone else. Take care of yourself physically, mentally and emotionally. This includes seeing that the boundaries you’ve set are known and respected.

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.

Irrevocable Trusts

When planning to care for an elderly loved one, there are a lot of terms that get thrown around, and many that you may be unfamiliar with. One such term is “irrevocable trust.” Chances are that you at least have a basic of idea of what a trust in general is—something you set up in order to provide for those you love when you no longer are able to, or to keep your assets safe, right? An irrevocable trust is just as easy to understand.

An irrevocable trust is simply a trust that can’t be either changed or terminated without consent from the beneficiary. This is because when the person who grants the trust (the one who created it) moves assets into the trust, his or her rights of ownership to any assets in the trust and to the trust itself are then transferred to the beneficiary. Also, once an asset is placed in the trust, it is considered a gift to the trust and the grantor cannot get it back. They are, however, able to lay out the terms, rules and the uses of the assets in the trust, but only as long as they obtain the consent of both the trustee and beneficiary.

There are many different kinds of uses for an irrevocable trust when it comes to planning to preserve and distribute a person’s estate, and some of them include:

  • Taking advantage of an estate tax exemption, as well as getting rid of any taxable assets the estate might have.
  • Preventing the beneficiaries from misusing any assets placed in the trust, since the grantor is able to set conditions for the distribution of those assets.
  • To gift the assets in the trust to the estate while also keeping any income from the assets.
  • To get rid of any appreciable assets the estate may have while also allowing beneficiaries a way to value the assets for taxes.
  • To give children the principal residence under tax rules that allow for more favorable conditions.
  • To keep a life insurance policy that would get rid of any death proceeds from the estate.

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.

Looking For Hazards Within the Home

If an elderly person you love lives by him or herself, it is incredibly important to make sure the home is as safe as possible for them. Let’s look at some ways that you can help ensure their safety in their home right now:

General Home Safety

  • Consider making use of a medical alert or buddy system.
  • Keep a fire extinguisher and smoke detector on every floor in the home.
  • Never smoke when alone or in bed.
  • Always get up slowly after lying down or sitting. Take time to find your balance at first.
  • Wear well-fitting, low-heeled shoes.
  • Make use of a correctly measured walking aid.
  • Get rid of any and all scatter rugs or, at the very least, tack them down to prevent falls.
  • Get rid of any electrical or telephone cords from any high-traffic areas.
  • Do not use wax on floors to keep from slipping and/or falling.
  • Wipe up any spills ASAP.
  • Avoid standing on either ladders or chairs.
  • Have proper and sturdy rails installed, both inside and outside the house, or purchase a stairlift, if needed.
  • Use non-glare 100-watt or greater incandescent bulbs only (or the fluorescent equivalent).
  • Make sure any and all staircases have good lighting, with switches at both the top and bottom.
  • Ensure that staircase steps have non-slip surfaces.

Bathroom Safety

  • Keep a light on in the bathroom at night.
  • Use any recommended bath aides, and make sure they’re installed securely on bath or shower stall walls and on the sides of the toilet too.
  • Make the tub skid-proof, and make sure the bath mat also has a non-slip bottom.
  • Turn the water heater to 120 degrees Fahrenheit or lower to prevent scalding.
  • Clearly mark both hot and cold faucets.
  • Use door locks that can be operated from both sides.
  • Bathe only when help is available to you, if possible.

Kitchen Safety

  • Keep floors clean and free of clutter.
  • See that any and all work areas are well-illuminated.
  • Mark both “on” and “off” positions for appliances clearly and brightly.
  • Store sharp knives in a rack.
  • Use a kettle with an automatic shut-off.
  • Store heavier objects at waist level
  • Store any hazardous items away from food.
  • Avoid wearing any long or loose-fitting clothing when cooking at the stove.
  • See that food is rotated regularly and check expiration dates.

Drug Safety

  • Review all medications frequently with your doctor or pharmacist and whenever you take any new medications.
  • Make sure all medication is clearly labeled.
  • Read medicine labels in good light to make sure you have the right medication and always take the right dosage.
  • Get rid of any old or used medicines.
  • Never borrow any prescription drugs from others.
  • Check with your doctor or pharmacist before mixing drugs and alcohol.
  • Have any medications dispensed in bubble wrap or convenient dispenser.
  • Finally, check with your doctor or pharmacist before mixing any non-prescription drugs with prescription drugs.

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.