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Legal Issues
As a parent, caring for a minor child is easy. You get to make all the decisions. When you are caring for an adult it's much more complicated because in some cases the law will give you trouble unless you and your elder have prepared in advance for the day. What needs to be done is not complicated, but it's critically important.
In this department we cover the basic legal facts and provide you with the resources you need to be prepared so you have less risk of falling into a legal swamp.
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Competence: Competency Testing
Something that many caregivers come up against when caring for an older person is the question of competence. Particularly in the "in-between" stage when we may see clear signs that the elder is not making wise or safe decisions, but doctors and other family members may not agree. How do you get an objective assessment of someone's competence? . . . keep reading
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Where to Scatter the Ashes
My father wanted to be cremated, and we have followed his wishes. He never did say what he wanted us to do with his ashes, but we know he always wanted to go back home to the small town where he grew up. He was very claustrophobic, and we don't believe he would want to be buried or sealed up. We are thinking about scattering his ashes along the riverbank there . . . keep reading
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Risks When Assisted Living Residences Take Medicaid
With the help of Medicaid Ginny lived happily at her assisted living residence for 18 months. Then one day she received an official notice that her facility was withdrawing from the Medicaid program in favor of private-pay only. Ginny had 30 days to find another assisted living facility that would accept her Medicaid. Unfortunately, there were more people in her situation than there were other local subsidized openings. Ginny and many of the other Medicaid residents from her assisted living ended up with no option but to move into a nursing home . . . keep reading
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Does Everyone Over 65 Need an Elder Law Attorney?
We've noticed that it's becoming increasingly popular to advise everyone older than 65 to consult with an elder law attorney whenever a legal question crops up. This, like all cookie cutter recipes, is sometimes right, and sometimes not. When should you make it a point to look for an elder law attorney, and when would another legal specialty be just as good, or better, for someone over the age of 65? . . . keep reading
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No Last Will? How Your State Will Divide Things Up
What happens if you die without a Last Will? The State divides up your property according to an inflexible formula and parcels out your assets. Would you like to see what would happen to your, or your parent's assets in your State if they, or you, should die without a Last Will to provide direction? . . . keep reading
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The Actual Federal Nursing Home Regulations
Have you ever wondered just what the federal nursing home regulations say about a situation you're facing? While the federal statute is fairly broad, leaving the implementation up to the wisdom of the individual states, they do define the basics for nursing home care in the U.S. . . . keep reading
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Will Medicaid Throw Family Caregivers Out of the Family Home?
Sharon and her husband moved into her father's home more than seven years ago. It seemed like the reasonable thing to do, as Sharon's father didn't have the funds to pay for the help he needed, but he had the space. Sharon and her husband wanted to move from their tiny apartment, but they couldn't afford a house. Now Sharon's father has had to move to a nursing home and apply for Medicaid to help with the cost. Sharon is frightened that they will lose their only home to Medicaid . . . keep reading
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Living Wills and Advance Care Planning: A Process, Not an Event
Not only does a standard living will potentially limit the use of treatment that might well be entirely appropriate, but it also fails to protect patients from overtreatment in most of the medical situations which they are likely to encounter. Here is a frighteningly clear explanation of what a Living Will really is, and what should take its place . . . keep reading
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How Can My Brother Assign Our Father's POA to Me?
My mother and father both made out power of attorney several years ago. They assigned each other, with my brother as the second. My mother passed away last year, and my father is now in a dementia home. My brother is being transferred to an office in Belgium and won't be able to manage my father's affairs from so far away. How can he assign me to take over as poa for my father? . . . keep reading
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Getting Copies of Psychiatric Records
Federal law states that patients or their authorized representatives may have access to their medical records. In most cases, if the request is made in writing by an authorized person and the patient pays the cost of copying, obtaining medical records is not difficult, although it may take some time. Psychiatric medical records, however, may not be so easy to get . . . keep reading
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Recent Developments at Continuing Care Communities Illustrate Real Risks
Recent financial difficulties encountered by Erickson Communities illustrate some of the pitfalls CCRC residents can encounter. Erickson, a developer of continuing care retirement communities in several states, recently filed for Chapter 11 bankruptcy protection. Residents in their many care communities now face a very uncertain future . . . keep reading
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Self-Neglect: The Most Common Form of "Abuse"
When we read in the news about adult abuse or neglect it is usually a horrific story about a vulnerable senior who has been physically or financially injured by someone. Yet considerably more than half the cases investigated by state adult protective agencies involve elder self neglect with no involvement of another abusing person . . . keep reading
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When Elder Care Jeopardizes Your Job
John Jay recently took the trip of a lifetime, using every minute of his accrued vacation time. Back only three weeks, he just heard that his father is in the hospital and he must make emergency arrangements for the care of his disabled mother. His co-worker, Jenna Roberts, is taking several hours every week to drive her mother to chemo treatments. She also needs more time off that she can't pre-schedule when her mother needs care for chemotherapy side effects. Both John and Jenna were extremely worried about losing their jobs . . . keep reading
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What Does an Executor Do?
If you have been chosen to be the executor of someone's estate, you have been given a great compliment and an immense responsibility. You have been entrusted with the precious duty of seeing to it that what remains after someone passes is distributed exactly as that person wished . . . keep reading
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What Are The 5 Must-Have Legal Documents?
Everyone over the age of 18 (including you and your children) should have five different legal documents. Without them you may have no choice but to spend thousands in legal costs when you can least afford the time or the expense. What are they, why should you have them, and how do you get them? . . . keep reading
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Alzheimers Disease
