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Tag: Elder Law

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Death Has Changed A Lot

MP900407501[1]How, when and where people pass away has changed in the last 100 years. Evidence suggests that people are not entirely happy about that.

A long time ago, most people passed away in their homes. There were not many hospitals or hospices for people to go to, when they were terminally ill.

There are now many of those places and most people pass away in some sort of facility.

That has been both good and bad.

People generally like that they do not die as young and from as many diseases as people used to, but most people would still rather die in their homes than in a facility, as the Economist reports in "How to have a better death."

In fact, the majority of people are not happy that they cannot choose when and where to die.  People are often given life-saving treatment by doctors that they do not want.

It is important that people take some matters they can control into their own hands.  Maryland, the District of Columbia and Virginia and other states allow people to choose living wills that specify when and what type of treatment, if any, they should receive, under different circumstances.  These states also allow people to designate a person who can make personal healthcare decisions for them, if they are unable to do so, for example if they are in a coma.

Everyone should have advanced medical directives, at a minimum, that dictate what procedures doctors can and cannot use to prolong their lives. Maryland living wills are called advance medical directives and they allow people to control healthcare decisions in catastrophic situations, where they can't communicate.

Reference: Economist (April 29, 2017) "How to have a better death."

 

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Forced to Pay for Your Parents

It is well-known and accepted that parents are required to provide care and support for their minor children. What is less well-known, is that in over half the states, adult children can be required to provide care and support for their elderly parents.

There are many laws on the books that receive very little attention because they are very rarely used. If few ever bother to attempt to enforce a law, then there is usually no reason for people to bring it up.

However, sometimes those laws do eventually become important, because of a general change in circumstances that sees those laws starting to be used more frequently.

An example of this is filial-responsibility laws.

Bigstock-Elder-Couple-With-Bills-3557267[1]These are laws that have been passed in 28 states that require adult children to provide financial support for their elderly parents, if the parents are unable to pay their own bills, as the Wills, Trusts & Estates Prof Blog discusses in “Filial-Responsibility Laws Could Cost You.”

These laws were not used much in the past because government programs for the elderly such as Social Security, Medicare and Medicaid provide financial support for the elderly.  An estate planning attorney can let you know more about Medicaid Crisis Planning in Maryland and DC.

Today, with people saving less and living longer, many elderly people are not able to afford the costs of their own care, which is increasing.

Nursing homes in states with filial-responsibility laws are increasingly looking to enforce them against children with parents who do not pay their bills.

This is yet another reason to make sure that you plan for your retirement and estate. If you do not, your children might be required to pay for you.

Reference: Wills, Trusts & Estates Prof Blog (May 3, 2017) “Filial-Responsibility Laws Could Cost You.”

Estate Planning, Elder Law, Social Security, Medicare, Medicaid

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Mary Kills People

Bigstock-Doctor-with-female-patient-21258332[2]If you have ever wanted to watch a television drama about physician-assisted suicide, you now have your chance.

A normal television show about a brilliant emergency room doctor who kills people in her off hours, would probably be a very dark drama about a serial killer, if there was such a show at all.

Normally, doctors are treated on television as nothing but heroic and rarely involved in anything too controversial. However, a drama from Canada now airing in the U.S., seeks to tell a different story.

In this show, the brilliant doctor is killing people who wish to pass away. She moonlights by performing euthanasia, also known as physician-assisted suicide.

The New York Times recently reviewed the show in "Review: 'Mary Kills People,' but It's for a Good Reason."

While the Times review is somewhat mixed, that this show exists at all highlights the changing attitudes about euthanasia.

It was only a couple of decades ago when Dr. Kevorkian was seen as the evil "Doctor Death." Now, many people are taking the idea of physician-assisted suicide seriously.

A few states have recently legalized the practice and many more are considering it as part of the dying with dignity movement, which seeks to allow terminally ill people the choice of when they want to pass away and under what circumstances.

The concept, however, is still controversial since not everyone agrees it is a good idea.

This new television show is certain to draw more attention to the concept and get people talking about it even more.

Reference: New York Times (April 21, 2017) "Review: 'Mary Kills People,' but It's for a Good Reason."

 

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Social Security Myths

MP900442211[2]A recent survey found that most Americans think they know how the Social Security program works. The same survey found that most actually have some important misunderstandings about the program.

The Social Security program seems simple enough. When you reach retirement age, you can stop working and the government will send you a check, the amount of which is based upon your income during your working years.

People understand that much which leads them to believe that they know all they need to about the program.

However, a recent survey found that most people between the ages of 55-61 believe some myths that need to be corrected, as CNBC reported in "The three biggest myths about how Social Security works." The myths include:

  • Many people think that when they become eligible for Social Security, the government will know and automatically start sending them a monthly check. That is not true. You need to apply for Social Security and you need to do so, three months before you plan to receive it.
  • Another common misconception is the retirement age to receive full benefits. It depends on when you were born.
  • People also believe that if an ex-spouse claims Social Security benefits under their work history that it will decrease the amount of their benefits. This is also a myth. An ex-spouse's claim will result in no changes to any benefits that you will receive.

Reference: CNBC (April 25, 2017) "The three biggest myths about how Social Security works."

 

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Finding the Right Nursing Home

MP900439289[1]Going into a nursing home can be a frightening experience. It can be made less scary by asking questions and choosing the right nursing home for your family.

No one wants to go into a nursing home.

When we think about what happens in them, we usually imagine nursing homes to be sterile places where people are sent off to be isolated and alone. That stereotype comes to us from the distant past. It is a bad caricature of what nursing homes are like today.

However, nursing homes do come in all sorts of different varieties with many different levels of care and interactions between staff and residents. It is important that the nursing home you choose is the right one for you.

That can be accomplished by asking appropriate questions before deciding on a nursing home, as Next Avenue points out in "18 Questions to Ask Any Nursing Home."

While the questions to ask are too numerous to list here, it is important to understand that the most fundamental questions are not about cost, although that is important. Instead, the most important questions to ask are about how patients live, what activities are available to patients and how staff helps patients with those activities.

The answers to those questions are what truly determine what quality of life will be like in a nursing home and how happy you might be there as a resident.

Before deciding on a nursing home, take a look at the questions to ask and actually ask them of the nursing homes you are considering. That way you can make sure that you are choosing the right place for you.

Reference: Next Avenue (March 15, 2017) "18 Questions to Ask Any Nursing Home."

Elder Law, Nursing Homes

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Data Collection and Elder Abuse

Tracking what people do online is intended to increase the value of advertising, but it has the potential to be used to worsen the elder abuse problem.

Regardless of whether you are aware of it, some computer somewhere knows you are currently reading this article. This is most likely true, even if you did not give explicit permission for the computer to know.

Everything you do online is potentially tracked and collected by computers that compile a profile of you. It is what is known as big data.

No, this is not the result of the government spying on people. The people behind this data collection are people who want to sell you things. The better profile they can compile of who you are and what you like, the better they can create advertisements that cater to your interests and that are more likely to make you want to buy something.

This data knowledge increases the value of the ad space on the Internet and makes more money for companies selling that space, such as Facebook and Google. In other words, most people find this data collection and tracking to be mostly benign and necessary for popular Internet sites to continue to be free to use.

However, there are potential downsides to the data collection that worry elder law experts, as Financial Advisor explains in "AI, Big Data May Become Tools for Elder Financial Abuse."

In the wrong hands, this same data could be used to more effectively target elderly people for financial scams. That has elder law advocates worried, since elder financial abuse is already a big problem.

There are currently few rules about to whom marketers can sell their data. That might need to change to protect the elderly and others from abuse.

Reference: Financial Advisor (March 22, 2017) "AI, Big Data May Become Tools for Elder Financial Abuse."

 

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The Elderly Could Benefit From Autonomous Cars

Experts predict that in a few years, the technology will be good enough that vehicles will not need human assistance to operate. One of the groups that could benefit the most from this is the elderly.

One of the most dreaded conversations for children with elderly parents, is telling their parents that it is time to give up driving. For the elderly, the loss of the ability to drive is symbolic of a loss of self-reliance, since it makes it much more difficult to get around.

Elderly people who have always been able to get in their vehicles and drive themselves anywhere they want, naturally resent not being able to do so. They also often fear that if they call someone to help them, then they are being a burden.

Nevertheless, at some point people do lose the ability to drive safely.  Therefore, children must have the conversation with their elderly parents no matter how much everyone involved dreads the prospect.

Soon, however, it may no longer be necessary according to The New York Times in “Self-Driving Cars Could Be Boon for Aged, After Initial Hurdles.”

Automakers and technology companies are in a race to develop cars that can drive themselves. These autonomous vehicles would be able to take passengers where they want to go more safely than human drivers, according to advocates.

If the elderly were to use self-driving cars, then they would no longer need to lose their mobility when they are no longer able to drive. Some believe that these vehicles could be available in as little as five years.

There are still legal issues that need to be considered for elder law advocates. Lawmakers currently appear reluctant to allow autonomous vehicles that are not overseen by a human capable of taking control safely.

Reference: The New York Times (March 23, 2017) “Self-Driving Cars Could Be Boon for Aged, After Initial Hurdles.”

 

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Handling a Younger Boss

Wi9yf7kTQxCNeY72cCY6_Images_of_Jenny_Lace_Plasticity_Publish_(4_of_25)[1]Americans are putting off retirement and continuing to work at an increasing rate. Many seniors who do retire later, chose to go back to work. One of the consequences is that it often leads to having a younger boss.

People often do not like taking directions and orders from others who are much younger. It seems to go against the natural order of things for younger people to be in charge of older people. However, that is exactly what is frequently happening in the American workplace today.

As The New York Times reports in "When the Boss Is Half Your Age," 38% of Americans have a younger boss. One of the reasons for this trend is that many employers want to hire managers who grew up with the technology used in today's workplaces, such as cell phones and email.

There is a belief that being a native to the technology, makes younger people better at understanding it and using it to their advantage.

Another reason for this phenomenon is that Americans are working longer than before and many people who have chosen retirement go back to work for one reason or another.  As a result, many senior citizens have immediate superiors at work who are much younger than they are  which can lead to problems.

Elders do not always like being told what to do by younger people, and younger bosses are often on guard against older employees who think that the old way of doing things is best.

Seniors who do have a much younger boss need to be aware that the law does protect them against discrimination due to age.  However, they should also be open to new things and be willing to do their work, as directed by their younger boss.

Reference: New York Times (March 17, 2017) "When the Boss Is Half Your Age."

 

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Medicaid Can you Rely On It?

Bigstock-Elder-Couple-With-Bills-3557267[1]People who plan to rely on Medicaid, if they ever need long-term care in a nursing home, often make a very big mistake.

Nursing home care is one of the most expensive things facing elderly people. It costs a lot of money to get long-term care in a nursing home.

Many older people do not have the money for it and do not have a realistic way of getting that money. Profit Law Firm provides Medicaid crisis planning.

As a result, they look to the government to pay for that care. The government will step up through Medicaid, but only if the elderly person, who is in need of nursing home care, has no assets.

When seeking to qualify for Medicaid, however, many people make a big, big mistake.

This mistake is discussed in the Pauls Valley Daily Democrat article titled “Misunderstandings create traps in planning.”

The mistake is a simple one to explain, but it is important to make sure you understand it so you will not make it. You cannot give your assets to your children, just before you go into a nursing home, at Medicaid’s expense.

Unfortunately, that is just what many people are planning to do and it will not work.

What is the problem?

Medicaid has a five-year lookback window, which means that the program will look at any asset transfers the applicant (or anyone on his or her behalf) made within five years of needing long-term care.

If those transfers were not made at market value, then Medicaid will not pay for care until the expenses start to exceed the value of the transferred assets. There is a formula to calculate the “penalty period” that will be applied.

This simple mistake is a big source of problems for the elderly. Make sure that you understand it and ask an elder law attorney, if you have any questions about it.

Reference: Pauls Valley Daily Democrat (March 8, 2017) “Misunderstandings create traps in planning.”

 

 

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Assisted Living Facilities

senior couple standing together outdoorsSenior citizens who no longer feel safe or comfortable at home alone, have options other than going to a nursing home. Moving to an assisted living facility is one of them.

If you ask any elderly person who is not currently living in a nursing home what they think about moving to one, you are likely to get a negative response. People do not want to move into nursing homes. Most only do so, when they have no other options.

Nevertheless, there are many elderly people living at home who are not able to handle their own day to day needs. They need help which can be hard to come by due to a lack of good caretaker options or because it is not practical to move in with younger family members.

These senior citizens do have an option available, short of prematurely going into a nursing home, as Yorktown News points out in “What Is an Assisted Living Facility and Is It the Right Place for You?”

An assisted living facility is just what it says it is.

It is a facility that assists an elderly person with daily functions, but not  to the extent that a nursing home does. In an assisted living facility, residents will get help with laundry, cleaning, transportation, medication management etc.. Facilities also usually offer community meals for residents.

While an assisted living facility is not right for all seniors, it is a great option for some. Most will find such an arrangement more enjoyable than a nursing home.

Reference: Yorktown News (March 2, 2017) “What Is an Assisted Living Facility and Is It the Right Place for You?“