Assisted Living | Elder Law

Nursing Home Resident Rights Part 1

Many elderly people are reluctant to enter nursing homes because they feel as if the rates are going to be violated once they are inside the nursing home. luckily, in 1987 Congress passed a law that outlines the rights of residents to enter nursing home and assisted living facilities. Here’s a look at some of the rights that are outlined for those that are entering a nursing home or assisted living facility according to The Nursing Home Reform Act that was passed by Congress.

Residents have the right to not be physically or medically restrained through the use of a number of medical devices. This means nursing homes and assisted-living facilities may not be able to use antipsychotic drugs or sedatives unless otherwise prescribed by a physician. The use of restraints is also prohibited under this part of the law.

The resident of a nursing home also has the right to know who was responsible for their medical care while they are in the nursing home. The resident has the right to know the name, medical specialty and contact information for the physician that will be caring for them. The resident also has the right to have regular health care planning meetings with the nursing home and physician.

Should the healthcare of the residence that is in the nursing home be changed the resident must be informed in writing by the physician of the changes to their medical treatment. Also an attorney or immediate family member must be notified of the changes in treatment and why the changes are ordered.

Filed Under: Healthcare, Nursing Home Tagged With: Assisted living, Nursing home, Old age

Getting Help Paying for Assisted Living and the True Cost of Senior Care

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Do you worry about how you will pay for the assisted living facility you must put your senior parent into? Are you unsure that the costs are even worth it when you can just hire in-home care and then help out yourself? You would not be alone as many people face these questions on a daily basis. Many people are faced with the fact that they just cannot do it alone anymore. And that is okay. These facilities are there to provide both as service and peace of mind. And when it comes time to make that hard decision, believe me, it is worth it to have professionals provide medical care and services to your parent or parents. And it is well worth the cost. On top of that, it is not going to cost you much more than trying to keep them at home and provide caregivers and medical care.

First let us look at how you can get help paying for assisted living. If you do not have private funds for you or your relative, you can often get help from government funding programs like Medicaid or Medicare. Medicare is premium-free in certain conditions or you might need to pay a monthly premium. This covers things like hospital stays and stays at skilled nursing facilities like nursing homes as well as some home care. This government health program can also cover medical supplies, tests and more. If cost of care is a concern, make sure to take the time to look into help from the government.

But when you look at true cost, you have to look at more than just the medical costs. Living at home costs more than just a mortgage or rent. There are bills like utilities, groceries, and home maintenance. All of these things will be covered when you senior parent is in a facility. Plus, you will feel peace of mind knowing they are taken care of each day. That in itself is priceless.

Filed Under: Elder Law, Guardian, Guardianship Tagged With: Assisted living, Home care, Medicaid

The Process of Conservatorship

While the number of elderly people continues to grow in the U.S., the need for protecting their rights has also increased. The concepts of assisted living communities and facilities for elderly citizens have allowed seniors to enjoy better living quality. However all these octogenarians can face problems relating to financial and personal matters as they grow and start facing more and more health issues.

The seniors, during those times start neglecting legal matters comprising a lot of segments like estate planning, finances, conservatorship and even medical aid and care. It then depends on the family members to decide who will deal with the elderly person’s matters and how. At such a juncture close members of the senior can get their act straight and file a conservatorship petition.

Conservatorship provides a person with the legal authority to manage an elderly person’s estates, finances, personal matters and medical aid. In such circumstances the senior does not anymore exercise the ability to take decisions regarding financial and personal matters. Conservatorship can be of two types:
Probate: An adult family member, relative or a person from outside the family can file a petition for probate.

LPS: This is specially intended for people having major mental problems. It also consists of seniors who may be suffering from alcohol or drug addiction. In such cases, family and friends cannot submit a petition on behalf of them.

Though conservatorship is a good method of allowing adult family members or friends to take decisions in case of inability of a senior citizen, it also takes away the octogenarians basic rights of to freedom of choice, in order to secure an elderly person from being cheated, it is advised to all persons of older age who are not yet mentally incompetent to produce powers of attorney for healthcare.

Filed Under: Elder Law, Guardianship Tagged With: Assisted living, Britney Spears, Conservatorship, Person

Independent Living Communities are Great for Active Seniors

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There comes a point in our live when for various reasons we need to move out of our home. Depending on how sick or how well we are, we might need to move into an assisted living facility or possibly a just a retirement community. Either way, it is best to be prepared mentally for the move as it can be tough to leave the home you have lived in for so long and love so much. If you start thinking about the move now, you can also get an idea of where you feel most comfortable and can even take the time to visit some facilities in person. This is a good idea so you can get an idea first hand of what it will be like to live there once you move.

For someone seeking a senior/elder care facility when they have little to know medical needs, then a retirement home will suffice. And just for your information, these days you should research the term independent living communities as many people are still more than able to do more than just sit around in a rocking chair. These facilities are great if you are still an active senior. One of the benefits that it offers is that you can keep from being lonely and meet new people that are your age. This is often tough as we age because many of our friends are passing away. Another benefit is that meals are often provided and you no longer have to cook if you do not want to. They have busy social calendar full of activities and entertainment options as well. Some of the newer facilities have apartments that are built for couples also. You can sell your home and not worry about mainting it anymore. Plus, if you do have minor medical needs, those can be catered to as well.

Filed Under: General, Lifestyle Tagged With: Assisted living, Health, Independent living, Nursing home, Retirement, Retirement community, Retirement home, Senior Health

What do I do when my Mom gets Alzheimer’s?

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There comes a time in most people’s lives when an aging parent will become ill and require some kind of care. In nearly all cases this is a difficult time with difficult decisions that need to be made and issues that need to be addressed.

The level of independence is an important point. Often there are other options other than a residential homes for the elderly such as temporary care or getting someone in daily while you are at work, to take care of the elderly in their own home. One needs to consider the disease and how it is likely to progress when making long term plans.

If the patient is relative well now, but as in Alzheimer‘s, the condition is going to worsen to the point that the family member cannot safely take care of them or that the impact on the rest of the family will be detrimental, then it is wise to consider other long term arrangements.

Family should never feel guilty or that they are abandoning their parents. Retirement residences are designed for the elderly and a good one is not a “dumping zone” for unwanted parents. Rather, it shows the extent of love and concern felt for the elderly and the need to get them safe care in an environment that they will feel comfortable in.

The most important thing is that your visit the patient as often as possible and let them feel as loved as possible. Bring them little gifts, remember birthdays and dates that are important to the patient. Keep them updated with events happening on the outside world and arrange for “field trips” if their condition allows it.

Placing your loved ones in a residential home is not meant to be a jail sentence where they are dumped and forgotten. It is a facility that will take care of your parents while you take care of your family. Keeping in touch with them and visiting often is time consuming and sometimes may be inconvenient, but it is essential if you wish to make sure that your elderly parent is to feel loved and wanted and content.

Filed Under: General, Guardianship Tagged With: Alzheimer's disease, Assisted living, Elderly care, Health, Home care, Old age, Parent, Senior Health

Traits of a Great Trustee

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If you are well versed in what you need to do as you grow older, you are no doubt well aware that you should have a living will. Articles that tell you as much are no doubt preaching to the choir, because you are the type of person who plans ahead for undesirable situations. But one area where a lot of people get tripped up is in the selection of a proper trustee, who will handle things in their stead if something dire incapacitates them temporarily. Hopefully, you will survive to live many healthy years thereafter. But in the short term, there are the same responsibilities in your life as there always were. And this is the person who is going to make sure that those responsibilities are all fulfilled, without issue.

This person has got to be trustworthy. You can not have a shady type running things in your stead, or you will wake up to find that your estate is in shambles. Never under estimate how much damage a motivated addict or scam artist can do, or how quickly they can do so. If most of the person’s existing money goes to drugs, alcohol and gambling, do not appoint them as your trustee. You did not work your entire life time so that they could party away everything you have built, did you? This should go without saying, but it can be a neglected fact, just because a person is family.

This person has to be both logistically and legally capable of taking care of things. While you may have a 15-year-old grand son that you would literally trust with your life, his age makes him unable to tend to most aspects of your living will and your care. And while you may have a perfect friend who lives in another country, their distance will make caring for the little things in your life all but impossible. If they can not pop over to mow the lawn, check your mail and such every so often, they simply can not be your trustee. You just have to choose carefully.

Filed Under: Elder Law, Law Tagged With: Assisted living, Bankruptcy, Board of directors, Health, Law, Senior Health, Trustee, United States

The Living Will: not Optional

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In this day and age, nearly everybody knows that it is important to have a will. After all, your will is a pretty literal document. It is a little piece of paper that explains, in so many words, what your will is for the disbursal of what you own after your death. It also has a great deal of influence as far as the care of any dependents you may have. If you have adult children with disabilities for whom you have been caring, your will is a critical document for detailing their care, as well. But believe it or not, there are a lot of people who have no idea that your living will is just as important as your standard will. While these two documents can be one and the same, far too many people assume that they will simply die some day. In many cases, the situation is far more complicated than that.

If you are ever stricken with an illness that does not immediately take your life, you will need to have a living will in place for several reasons. For one, it will detail how you want your finances to be handled in your (perhaps temporary) absence. For another, it will talk about how much work you want to have done in resuscitating you if you should fall into a coma or become otherwise seriously incapacitated. While we all hope that situations of this nature will not befall us, not being prepared for such a situation will do nothing to stop its possibility.

If you do not currently have a living portion to your will, now is the best time to make an appointment with your attorney and get this knocked out. You will never have a better time than the present to take care of an issue of this nature. As sad and fatalistic as it is, every day that you spend thinking that this will never happen to you is a day in which it very well might. And while you can ignore the problem, a living will is your best real defense.

Filed Under: Elder Law, Law Tagged With: Advance health care directive, Assisted living, Child, Death, Facilities, Health, Senior Health, United States