Will You Have to Pay for Your Parents’ Care?

Aug 07, 2012  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Nursing Homes

Do you know what your parents’ plans are to pay for long term care in a nursing home? Do your parents even have plans for the possibility? These are questions that you need to know the answers to. I’m sure you are aware that you can be forced by law to pay for the care for your children. What you might not know is that 29 states have laws that can force you to pay for the long term care of your parents, even if you do not live in those states.

Known as Filial Support laws, these laws have provisions that allow nursing homes to seek reimbursement from relatives of those in the nursing homes’ care. Some courts have ruled that nursing homes can recover from relatives who live out of state. The important thing is where the nursing home is located, not where the relatives live.

Long term care in a nursing home is exceedingly expensive. Make sure that your parents have a plan in place to afford the care. If they do not then you could be responsible. While you are at it, make sure that you have a plan to pay for your long term care, if you ever need it. Do not stick your children with your nursing home bills.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

Considering Long Term Care: Is it No Longer Safe at Home?

Sep 08, 2011  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Elder Law, Nursing Homes

As your loved one continues to age, he or she may show signs of the need for long term care in a more supportive environment.  It can be difficult to decide if long term care is really needed.  If your loved one is having trouble getting around the home, or if you feel that the home is unsafe, it may be time to consider other options.  To learn more take a look at the following information.  If you have any questions, or if you’d like to discuss long term care options, contact an estate planning attorney.

 

When It’s No Longer Safe to Live at Home

 

Your loved one may want to age at home, but in some cases, his or her home may be unsafe.  This can be especially true if your loved one has been falling frequently or if he or she is unable to move around the home with ease. It’s important to carefully consider all available options, so that you can choose a safe living arrangement for your loved one.

 

There are some factors that you will want to consider:

 

  • Does your loved one lack the ability to move throughout the home safely?
  • Is his or her memory loss beginning to put him in unsafe circumstances?
  • Does your loved one seem to have more slip and fall accidents lately?
  • Does your loved one need constant supervision at home?
  • Is your loved one unable to independently manage basic needs such as toileting, feeding, dressing, and transferring?
  • Is it impossible for your loved one to reach necessary items in the home?
  • Does your loved one have fears about being left alone?

 

These are some signs that it may be time for another, more supportive, living arrangement.  There are a variety of long term care facilities that make it possible for your loved one to get the extra assistance that is needed, while living a safe and comfortable life.  An estate planning attorney can help you review your options, and may even be able to suggest facilities.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

Defining Elder Abuse

Jul 01, 2011  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Elder Law, Incapacity Planning, Nursing Homes

The term “elder abuse” is a term that is commonly used to describe a various actions that causes harm to an elderly person. According to the Administration on Aging, elder abused is defined as any type of negligence or action by a caregiver or family member that causes harm or serious risk to an elderly individual.

There are several different types of elderly abuse, these include

  • Neglect – This type of abuse would include the refusal to provide the basic necessities to an elderly person by those that are responsible for that person; some examples would include health care, shelter, food, clothing, medicine, etc.

 

  • Sexual Abuse – An elderly person is being sexually abused if they are forced into any type of sexual contact and they have not or cannot give their consent.

 

  • Physical Abuse – Someone that is being physically harmed or threatened with physical harm or pain is being physically abused. In addition, depriving someone of basic needs is also considered to be physical abuse.

 

  • Emotional Abuse – If a caregiver inflicts mental and emotional pain on someone with verbal assaults or not talking to the person at all, this would be considered emotional or physiological abuse.

 

  • Financial Exploitation – This would include illegally taking, misusing or hiding funds, assets or property of an elderly person.

 

  • Abandoning – This type of abuse occurs when someone that is responsible for the care of an elderly person deserts or abandons them. For example, if an elderly person needs 24-hour care, and the person that was responsible for that care left them alone to run to the market, this would be considered abandonment and neglect.

 

Elder abuse is a serious issue, and cases of abuse are on the rise. The increase in elder abuse could be due to the fact that people are living longer, and as a result there are more elderly people that require caregivers today. Whatever the cause, elder abuse is a major problem in today’s society that needs to be addressed.

If you suspect that your loved one may be suffering from elder abuse, it is essential that you contact the proper authorities at once, and remove the person from the care of the person that is abusing them.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

Avoiding Long Term Care: Ways You Can Help Grandma around the Home

Jun 10, 2011  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Elder Law, Nursing Homes

As the elderly continue to age, long term care becomes a big concern.  Are you looking for a way to keep Grandma at home?  There are steps that you can take to make the home safer so that she is better able to function on a daily basis.  Take a look at some of the tips below.  If you have any questions regarding other ways to avoid long term care, meet with an estate planningelder law attorney.

  • Move items so that they are reachable.

 

It may be difficult for Grandma to reach some of her cabinets and cupboards around the home.  Taking the time to do some minor changes will make it easier for her to access items. Take a look at the kitchen area and bathroom area to see where adjustments need to be made.  You may even consider lowering cabinets or shelves on your own.

  • Take care of safety hazards.

 

Slip and fall accidents can be extremely dangerous.  If you notice things lying around the home or items thrown in unsafe areas, take the time to make fixes.  This includes making sure that all carpets are safely placed on the ground and clutter is out of the way.  Hardwood stairs can be especially slippery.  Consider adding carpet and an additional handrail.  If Grandma has a history of accidents, this is especially important.

  • Consider making it easier for Grandma to live on one floor of the home.

 

If Grandma has difficulty accessing stairs, it may be a good idea to allow her to live on one floor of the home.  This can be relatively easy to do if the main floor of the home has a bathroom area.  Make sure that everything is easily accessible so that Grandma is able to live comfortably.

With a little extra effort, you can help Grandma delay or avoid long term care.  Take some time to make her home safer and more comfortable.  If you have any questions about other ways to avoid long term care, consult with a qualified estate planning – elder law attorney.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

What to Consider When Choosing a Nursing Home

Apr 06, 2011  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Nursing Homes

When visiting various nursing homes, it can be difficult making the best choice.  You want to make sure that you choosing a nursing home that will provide excellent care to your elderly loved one.  Take the following things into consideration when narrowing down your nursing home options.

  • Make sure that your loved one feels comfortable at the nursing home that you choose.  If possible, bring your loved one along to tour the facility.  This will give you an idea of whether or not it is the right choice.
  • Consider any special care that your loved one might need.  Make sure the nursing home of your choosing is able to accommodate these needs.
  • Choose a nursing home facility that offers a convenient location.  You want to make sure that your loved one will be able to see friends and family often.  It is best to select a nursing home that is nearby.
  • Meet different staff members to make sure everyone is friendly and helpful.  You want to pick a nursing home with staff members who will take the time to answer your questions.  You also want to make sure that your loved one is receiving the best care possible.
  • Only visit nursing homes that have proper licensure.  This will allow you to choose a nursing home that meets all of the specific state guidelines and regulations.
  • Pick a nursing home that offers social activities and events.  This will help to make sure your loved one is involved and has companionship which can aid in making sure your loved one is happy.
  • Compare finances of each nursing home.  You will need to find a nursing home that is affordable.  Ask around to make sure that you are getting an affordable deal.

 

Consider the above pointers when considering different nursing home options for your loved one.  With proper care and planning, your loved one will be safe and well cared for at his or her new nursing home facility.

If you have any questions about choosing a nursing home, consult with an experienced elder law attorney.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

4 Ways to Pay for Long Term Care

Apr 04, 2011  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Elder Law, Nursing Homes

If you’re like most people, you have concerns about your ability to pay for long term care should you or a loved one need the support of long term care in the future.  With nursing homes costing more than $130,000 per year in New York City, your concerns are well founded.

Long term care refers to care in your home, assisted living facility, or a nursing home when you can no longer care for yourself.  There are four main ways to pay for long term care; and one of the ways is so limited, we really should call this article, “3 Ways to Pay for Long Term Care.”

1.  Private pay

Private pay means that you pay for long term care out of your own savings and/or income stream. 

2.  Long term care insurance

Long term care insurance pays for your care in a long term care facility such as a nursing home or assisted living facility.  It also pays for your care at home. 

While the premiums are somewhat hefty, all of what you pay in premiums over the years will likely add up to less than the cost of one year in a nursing home.  The average nursing home stay is three years.

3.  Medicaid

Medicaid is the government’s health care plan for the poor.  If you are eligible, Medicaid will pay for your long term care.  Elder law attorneys help families qualify for Medicaid without losing all of their assets.

4.  Medicare XXXXXXX

Medicare pays so little of long term care expenses and there are so many qualifications to receive payment that we thought of not even including it in this article.  Your best bet is to not count on Medicare and if you receive any long term care benefits, consider it a bonus.

Planning for long term care is part of the estate planning process.  Jot down all of your long term care questions and concerns and call our office. Our qualified elder law team helps people just like you.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

What If Everything You Thought You Knew About Wills, Trusts, Estate Planning and Medicaid Was Dead Wrong?

Mar 25, 2011  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Elder Law, Estate Planning, Estate Taxes, Incapacity Planning, Nursing Homes, Power of Attorney, Probate, Revocable Living Trusts, Trustees, Wills

 

JOIN US FOR A FREE WORKSHOP THIS WEEKEND TO LEARN THE FOLLOWING:

Elder Law and Medicaid Planning

Medicaid needs arise when you least expect them. Americans are living longer than before. At the turn of the 20th century, life expectancy was about 47 years. In the 21st Century, life expectancy has doubled. As a result, we face more challenges and transitions in our lives than those who came before us.

PROTECT your life savings.
INCREASE the amount of income of keep.�
AVOID losing your home.
REDUCE or ELIMINATE your nursing home bills and long term care costs.
LEARN about Veteran’s Benefits.

Wills, Trust and Estate Planning

We know you want to pass your wealth to whom you want, when you want, the way you want, at the time of your death. If done correctly, a Estate Plan can help minimize estate taxes for a married couple and allow a trusted person to take over your care and finances during incapacity.

PROTECT your family.
AVOID probate delays and expenses.
SAVE estate taxes. Give your money to your family.
PRESERVE money for children or charitable causes.

Join us at our FREE Workshop this weekend. Our experienced attorneys will give you the information you need.

To register for the seminar, call our office at (718) 793-7000 , or click on this link

 http://www.davidovlaw.com/local/estate-planning-seminars.aspx

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

Somebody’s Sweetheart

Feb 14, 2011  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Elder Law, Estate Planning, Nursing Homes

The month of February and Valentines Day brings a celebration of love and stirs couples to rekindle feelings of romance and devotion. Not so different from young couples are aging seniors, celebrating memories of sweethearts and romance in days gone by. Sit a while with a senior couple and they will soon be telling you their romance story or listen to a widow or widower as they sing their favorite love song from their youth.

Dementia and Alzheimer’s can rob senior minds of many of these treasured memories, changing their personality and life style. Because of these and other illnesses, many seniors end up in nursing homes or care facilities where only their basic physical needs are cared for by the facility staff. To these seniors, Valentines Day becomes no different from every other day. They often find it difficult to relive memories of the past. In one care facility a sign placed lovingly over a patient’s bed reads, “I Am Somebody’s Sweetheart,” as if to say I once dreamed, lived and loved, please treat me kindly.

When asked how she relates to those she cares for, nurse assistant Karen W. replies that most of the time it’s those patients who are causing a disturbance or may be in danger of harming themselves who are the ones that get her attention. Even then she can only take care of the immediate problem. Very seldom has she time to personally get to know well all the elderly people she cares for.

Although this is true with many facilities, the need for more personalized care is, in some cases, being recognized. Assisted living facilities with specialized memory care programs — some using art, music and dance or physical activities — are finding great success with increasing the quality of life for those suffering from dementia and Alzheimer’s. Many care facilities across the nation are adding these programs to better serve their residents.

If you cannot find a facility in your area that provides this special attention, home care may be a better option.

Consider this real experience. When Nora would visit her father in the nursing home she would find him sitting, slumped over and disinterested in his surroundings. By the time she and her young children finished their visit, he was alert and talking to them. Feeling he would do better in her home environment, Nora enlisted the services of a Geriatric Care Manager to evaluate her father and determine what would be needed for his care at home so that he could get the social stimulation that he needed.

A Geriatric Care Manager can be a valuable asset to family members when it becomes necessary to look at alternatives for their loved one’s long term care. They work with all members of the family in educating about resources and making decisions. Some services provided are.

  • Make an assessment about the type of care need
  • Develop a care plan for care both current and future care
  • Work with physicians in getting medical support
  • Find home care services that work with the families needs
  • Provide assistance with legal and financial issues

Appropriate home care services are also often necessary when a change in environment is called for. Home care services vary, depending on what is needed, and may change as caregiving requirements change in regards to the physical or mental health of the elderly person.

Types of Home Care are:

  • Home health care companies: provide nurses, physical therapists, social workers and aides that assist with basic health care such as changing bandages, taking vital signs and helping with medication as well as a host of other skilled needs.
  • Non-medical home providers: help with bathing, dressing, meals, ambulating, chores, errands, housekeeping and much, much more.

Home care personnel are skilled in working with the spouse and extended family members of their ailing loved one to provide needed services and support in the home. They add consistency in the care and are available in time of crisis or need to add additional services.

With help from her Geriatric Care Manager, Nora brought her father to her home for his care. The care manager worked with her father’s doctor, prescribing a physical therapist and nurse’s aid to come to the home. A non-medical home care company was employed to help with daily bathing and dressing.

Another resource available to families, which is not used as often as it should be, is hospice. Hospice care is provided in the home or in a hospice facility, hospital or nursing home. When illness is terminal, hospice service is provided by a team which includes doctors, nurses, grief counselors, aides and social workers as needed. These services can be provided at no out-of-pocket cost by Medicare.

In her internet article Naomi Naierman, President and CEO of the American Hospice Foundation states:

“As a Medicare beneficiary, you are entitled to the Medicare Hospice Benefit without additional premiums. If you are enrolled in a managed care organization (MCO) you have access to this benefit, even if the MCO does not cover hospice services.

The Medicare Hospice Benefit covers the following hospice services in full:

  • Skilled nursing services
  • Volunteer Services
  • Physician visits
  • Skilled therapy
  • Home health aide visits
  • Medical social services
  • Spiritual counseling
  • Nutrition counseling
  • Bereavement support for the family”

There is a growing market for care providers throughout the nation to fill the need of senior care services.  Assisted living, home care and hospice care, geriatric care managers and geriatric clinics are all just part of these services.  The National Care Planning Council supports family caregivers with information and resources of all types of long term care services on its website: www.longtermcarelink.net.

“Somebody’s Sweetheart” may be in need of your loving care someday and help is available to reduce your burden and ease the journey.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

How to Choose a Nursing Home: Suggested Questions

Feb 11, 2011  /  By: Michael Davidov, Estate Planning and Elder Law Attorney  /  Category: Elder Law, Nursing Homes

Choosing a nursing home for a loved one is a highly stressful experience.  Both emotions and finances are involved.  Having counseled numerous families during these difficult times, I understand your feelings and am providing these suggested questions to guide you in choosing a nursing home.

Do I like the location?

Is the nursing home facility near loved ones, friends, church, and favorite places such as parks, libraries, and museums?

Is the staff highly trained, certified, and available?

What is the staff to resident ratio?  What training does the staff receive?  What certification does the staff have?  Is the nursing home administrator certified?  Is the nursing home facility itself state certified?  Are there doctors available when needed?  Are there clergy, personal attendants, and an activities director available on a regular basis?

Will my loved one receive all of the personal care she needs?

In the event that your loved one’s medical condition worsens, can she stay at this particular nursing home?  Is there a trained same gender staff member to help with all private matters such as dressing, toileting, and bathing?  Is there a daily schedule?

How’s the food?

What’s the quality and quantity of the food?  Are there food choices at each meal? Are snacks available for the resident 24/7?  Is the resident able to offer snacks to guests?  Do residents eat in their rooms or in a central dining room?  Are the kitchen, dining room, and patient’s room clean before, during, and after meals? 

Is the nursing home facility comfortable?

Does the facility look, smell, and feel clean?  Is the facility attractive and comfortable?  Is the facility safe?  Are there courtyard or porch sitting areas?  Is the facility properly lit and furnished?  Are there rooms for private gatherings?  Are there common rooms for group concerts, crafts, and Wii games?  How often are patient rooms cleaned? 

Cost and contract?

What are the total costs and fees?  Does the nursing home facility accept Medicare and Medicaid?  What if your loved one runs out of money?  What other terms are in the contract?

If you have questions about choosing a nursing home for your loved one, consult with a qualified estate planning and elder care  attorney.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.