One doctor who specializes in geriatrics further observed that paid caregivers are not the main problem when it comes to elder abuse. Family members, including a partner or grown child, are more often the ones who abuse the elderly. Sometimes the abuse is a result of stress or feeling overwhelmed due to providing constant care for a loved one. She further added that these challenges can cause caregivers to act in ways that are out of character. The doctor recommended that people look for any indications of abuse, such as bruises or frequent falls. Loved ones can ask the elderly if they are afraid of someone or if someone has hurt them.
]]> In addition to neglect or physical abuse, people need to be aware that elder abuse might include mental abuse, sexual abuse or the mismanagement of money. Those caregivers who have been known to take financial advantage of the elderly sometimes do so through using a power of attorney. The caregiver will add themselves onto bank accounts or property titles and siphon off funds from the person. They might also sell the elderly person's belongings.If an elderly family member has suffered neglect or abuse, loved ones may not know where to turn. One detective encourages people to get involved by reporting suspected abuse of the elderly to the proper authorities. In addition, a lawyer with a focus on elder law might be able to help clients protect their loved ones.
Source: WDAM, "1 in 10 seniors abused, neglected", May 15, 2013
]]>In the past, assisted-living facilities often required those who moved in to sign an agreement guaranteeing that they would give 60 days' notice before moving. What many families did not realize was that this requirement also extended to the death of a patient. When someone died, the family was often faced with an additional bill due to 'lack of notice."
]]> An investigation to shed light on the practice has resulted in a new bill that would prohibit any facility from charging more or failing to refund partial rent due to the death of a loved one. The bill is currently in the state Senate after passing the Assembly unanimously.An elder law attorney often works with patients and their families when there has been a case of abuse, neglect or fraud on the part of a nursing home. With the help of an elder law attorney, a patient or his or her family may be able to recover damages for abuse or neglect or recover money from a facility that has overcharged them for care. In a case in which a loved one has died, an elder law attorney may be able to represent a family who fights against charges based on the notice clause in a contract for services.
Source: ABC 7, "Lawmakers discuss rent charged for dead relatives", Michael Finney, May 07, 2013
]]>The council also examined the fact that veterans from Los Angeles now routinely experience delays of 431 days, about four times longer than they used to wait. In addition, over 3,000 vets from Southern California have been waiting for more than two years for benefits. A city councilman said that Southern California's record for disbursal of veteran's benefits is now the worst in the United States.
]]> According to the department of Veteran's Affairs, these delay increases are due to a higher incidence of claims, which have gone up by 50 percent. More veterans who participated in military activity in Iraq, Afghanistan and Vietnam are asking for compensation for injuries or illnesses they may have contracted via chemical exposure.Although political changes and budgets have been proposed that may eventually rectify this situation for younger vets, elderly individuals who fought in wars may feel the effects before these improvements take place. Vets who receive benefits but then contract illnesses like mesothelioma, leukemia or Hodgkin's lymphoma may have a harder time getting approval for increases. As a result, many will seek legal counsel on how best to obtain medical funding.
Source: Whittier Daily News, "Long delays on benefits for returning veterans irks Whittier council", Peter Fullam, April 30, 2013
]]>Estate planning documents can determine who will take care of someone's children if he or she passes away before they are grown, and these documents can also determine who will make financial and medical choices for someone who is not able to do so on his or her own. If there is not legal paperwork in place that has already made these choices, the decisions are made by the state. This means that someone's children may end up in a home that the person would not have wanted them to go to or that the person making medical choices on his or her behalf may not be the best person to do so. Every comprehensive estate plan should contain a durable power of attorney and a health care proxy, which accounts for these crucial details.
]]> In addition to having a will, power of attorney and health care proxy drawn up, people may want to talk to any individuals named in these documents. A discussion about these documents may ensure that chosen individuals are aware of their duties and how the person would like them to be carried out.Estate planning documents or the lack thereof can have a huge impact on someone's children and family. An attorney may assist individuals in drafting sound estate planning documents and accounting for all the vital details.
Source: CBS Boston, "Estate Planning Is Key To Financial Planning", May 03, 2013
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The study raises concerns that elder abuse can have severe long-term consequences and that more preventative care and screening should be done to prevent elder abuse.
A similar attitude is often exhibited toward the issue of estate planning. Although elderly workers may have set up a will or trust, few may realize that such planning instruments must be kept current. Yet with costs of nursing homes, assisted living facilities, at-home care and other long-term care options on the rise, a revisit of retirement accounts, other assets and estate planning documents may be in order.
]]> More than ever before, seniors and retirees are taking proactive steps toward their financial planning, such as scheduling a meeting with an elder law attorney. For example, planning instruments that were created many or even several years ago may not have contemplated advance health care directives.Sometimes the beneficiaries of a will or trust may not have any idea where the testator or settlor -- often a parent who has unexpectedly become incapacitated -- kept the will, trust, or other planning documents, let alone being aware of the inheritance terms. Although a copy of such documents might be kept with an attorney or financial planner, that may not always be the case.
One woman recently described the frantic state she was put in, after her father developed an unexpected serious illness and she could not find his will or even a document providing for durable powers of attorney for certain matters. The woman could have avoided this unnecessary dilemma by requesting her father schedule a meeting with all family members and his elder law attorney. That way, there will be no surprises, in the event of an unexpected illness or tragedy.
Source: gazettes.com, "ESTATE PLANNING: Plan A Family Meeting," Curtis Kaiser, April 8, 2013
]]>For California readers accustomed to budgeting their mortgage or rent, utilities, grocery and other monthly bills, those expense totals might seem high. Yet costs of nursing home care have been skyrocketing in recent years. In just five years, the median expense totals increased by 24 percent. In the last year alone, costs rose about 4 percent. A number of factors are responsible, including insurance, staffing, and building maintenance or rent.
]]> Elder law attorneys that have the latest information about long-term care and nursing home care may have suggestions for more economical alternatives, such as assisted living or at-home care. In an assisted living scenario, the average annual cost is about $41,4000. Yet even this less expensive alternative has seen marked cost increases in recent years. In the same five-year period examined by the survey, the cost of living in an assisted living facility rose 23 percent.The cost of hiring a home health aide to assist with daily chores and perhaps grooming is about $44,479 per year. Fortunately, costs associated with this type of care have been more stable, rising only 5 percent in the same five-year period.
Source: money.cnn.com, "Nursing home costs top $80,000 a year," Blake Ellis, April 9, 2013
]]>Under the terms of the new agreement, California seniors who are dually eligible under both Medicare and Medi-Cal will be shifted to managed care companies, within a stated timetable of seven months. An estimated 456,000 seniors will be enrolled in the new program, called Cal MediConnect. Incentives provided by the 2010 Affordable Care Act may also result in some cost savings during the three-year trial period.
]]> Supporters believe the centralized aspect of managed care may benefit patients with multiple needs, in particular, because of the variety of treatments, services and professionals that will be integrated and available under the program. Preventative medical treatments may also be more accessible under this arrangement. Finally, new quality standards will also be in place -- an issue that may have affected the reputation of managed care approaches in the past.However, there is conflicting evidence whether managed care is actually more economical than fee-for-service programs. In addition, it is unclear how the new program will impact insurance rates. Fully integrated care on the scale proposed by California -- almost a half million elderly or potentially high risk patients under one program -- is new territory for many insurance companies.
Elder care is a complex issue because it requires long-term financial planning, as well as compliance with program requirements. Elder law attorneys that specialize in long-term care may be able to provide some guidance in this regard.
Source: forbes.com, "California Will Shift 456,000 Low Income Seniors Into Managed Care," Howard Gleckman, April 2, 2013
]]>One big change is converting Medi-Cal beneficiaries to managed care, instead of the existing fee-for-service arrangement. The switch is due to state law initiatives, not federal, designed to improve efficiency and reduce costs. Critics of the current arrangement, for example, may assert that paying for services separately encourages doctors to provide more -- and perhaps unnecessary -- treatments.
]]> However, some studies seeking to validate the intended cost-saving benefits of managed care have been unable to prove that this method lowers overall costs. Others say that managed care may have an adverse impact on employment throughout California, especially for small businesses, suppliers and independent contractors.A second change is the result of federal law. Contracting for medical supplies may soon be subject to a bidding process. However, Medicare may require the bids for equipment and other supplies to be lower than current prices. In other words, it's an artificial way of controlling costs.
As these reforms take effect, seniors may have to revisit their financial planning and rethink the amount of care they expect to receive with Medicare or Medi-Cal assistance. Under a managed care model, certain treatments or services may no longer be economically feasible. Although both programs have websites, understanding the intersection of federal and state laws can be confusing without the help of an attorney that specializes in elder law. With the advice of professionals, however, seniors may be able to plot a course through this time of transition.
Source: californiahealthline.org, "Changes Set Stage for 'Shakeout' of Medical Suppliers, Services," George Lauer, April 1, 2013
]]>According to one report, more than 30,000 veterans are waiting for that local office to make a decision regarding their disability claims. At a recent congressional committee hearing, a VA official reported that staff retraining at that branch had resulted in a 27 percent increase in caseworker productivity. In fact, the agency plans to implement that training at several offices around the country. However, new disability claims continue to pour into the Oakland office, apparently faster than they can be processed.
]]> At the national level, about 900,000 veterans are affected by administrative delay throughout the VA's 58 regional offices. The claimants may not just be veterans of Iraq and Afghanistan, however. Any American veteran is entitled to pursue benefits from the VA. In the case of older veterans, certain conditions sustained during their service may not have immediately produced symptoms. Yet without VA processing, veterans cannot begin to receive VA disability benefits for their injuries.Aging veterans may face a variety of issues, and the VA offers assistance for more than just disabilities. For example, assistance in paying for the cost of in-home care, nursing home residency or other long-term care may also be available through a VA program called Aid and Attendance.
However, the eligibility for this benefit is also dependent on several requirements -- and that means VA approval. Factors include a minimum 90-day term of service, at least one day of war time, an income ceiling, and medical documentation. An elder law attorney can help aging veterans with these requirements and work to expedite their applications.
Source: cironline.org, "VA highlights Calif. productivity gains, but more veterans wait for benefits," Aaron Glantz, March 20, 2013
]]>For couples 55 years or older, the American Association of Long-Term Care Insurance reports that the average policy costs more than $2,400 per year. Yet another study reports that about 70 percent of claimants -- who may have paid premiums over many years -- utilize benefits for about only two years. For that reason, some critics of long-term care insurance say it is not economical.
]]> Short-term insurance seeks to provide another option to cost-conscious seniors. Under such a short-term policy, there are defined limits to maximum benefit payouts. For example, one common policy provides $145 per day for just over two and one-half years, with a maximum benefit payout of $143,000. Yet many nursing homes cost between $200 to $300 dollars per day. With that shortfall, short-term insurance may be providing a false sense of security to its beneficiaries.As this post illustrates, there are many decisions to consider when planning for long-term care costs. For that reason, an elder law attorney can provide invaluable advice. For example, there may by additional investment strategies available to a retiring senior, such as annuities that offer a long-term care rider. An attorney will be up-to-date on the latest federal and state laws that might be of benefit to elders who are planning their future.
Source: Forbes, "Not Interested in Long-Term Care Insurance? How About Short-Term Care Insurance?" Howard Gleckman, March 18, 2013
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