Davidov Law Group

E-Book Download

Call for your complimentary assessment

(516) 253-1366
Call Us Now
E-Book Download

WILL YOU HAVE TO PAY FOR YOUR PARENTS’ CARE?

Nursing Homes

by

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.

by

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.

by

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.

by

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 planning – elder 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.

by

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 register online!

by

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.