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Transfer on Death for
Car Titles
Transfer on death for bank accounts, stocks and real estate has been...
Medicaid
There have been two important major changes to Medicaid.
Health Care Decisions
Anatomical
Gifts Added to the Living Will and Health Care Power Of Attorney
Office News
Sandra recently received her re-certification
from the National Elder Law Foundation
(NELF) as a Certified Elder Law Attorney (CELA). This is the only American Bar
Association and Ohio State Bar Association approved elder law certification
program.
The purpose
of the certification program is to identify those lawyers who have the enhanced
knowledge, skills, experience, and proficiency to be properly identified
to the public as Certified Elder Law Attorneys.
NATIONAL DEED SCAM ALERT
There are letters being sent out by a company nationwide
offering to provide people
with a copy of their deed
for a charge of $60. This is an outrageous scam. Please do
not pay $60 to obtain a copy
of your deed. In many counties, your deed is available
online for free. If it is
not shown online, you can go to the recorder’s office and obtain a copy for a
very minimal copying fee. There is no magic to having an original
deed or even a copy of the
deed since it is a matter of public record. What is important is the type
of deed that you have and whether it is set up in a way that it would
avoid probate. You need to consult your lawyer concerning the appropriate
structure of your deed.
VETERANS BENEFITS
Who can assist a Veteran or a Veteran’s family with a VA claim for benefits?
Many companies and individuals throughout the country are breaking the law by assisting with claims or charging for assisting Veterans with claims. The law is very specific regarding who may assist a veteran in filing for benefits. This is to protect the Veterans from excessive fees or predatory solicitations. You will receive your best advice and assistance from your VA regional office representative who is there to help you and is paid by the government to do so.
The
Veteran’s benefit for assisted living and in-home care has helped many people
maintain a higher level of independence and is a great alternative to nursing
home placement in many instances. It is always important for you to be
aware of benefits that are available to you and that information is yours
for free through the VA.
Elder Law Attorneys Specialize in Helping the Elderly
Many elderly persons rely entirely on their children, family members or other trusted individuals to help them. This dependence upon caregivers or family members makes an older person more vulnerable to abuse and financial exploitation. Legal arrangements and protective actions by family may be necessary to shield loved ones from making bad decisions or from being taken advantage of.
Though you wouldn’t think a child could take advantage of his or her mother or father, there is no way to know what someone will do who is desperate for money or who feels entitled to an inheritance. For example:
David’s parents' health was failing and living alone in their home was becoming a concern. His sister Jill wanted to look into assisted living for them. David immediately became upset at Jill for wanting to spend their money. He packed up his parents and brought them to his home. Being single and working, he was not available to them during the day, but left food and water on the table to sustain them until he returned home in the evening. Jill lived over 300 miles from David and when she could get to his house to visit; she found her parents' care was not acceptable. They could not remember if they took their medications or if they had even eaten a meal that day. David was also draining their savings account and when confronted about it, became angry and complained that he needed their money to pay expenses for their care. Clearly Jill felt her brother's care of their parents was abusive, but David’s defense was he provided a home for his parents in which he could care for them. This family needs a professional advisor to help them understand and clarify the issues concerning their parents' care.
Making legal decisions about property, finances, power of attorney, and final wishes are important tasks to complete for the final years of life. Having legal documentation for a will, for medical treatment and for the person designated to be responsible for parents' welfare can avoid family disputes and financial abuse, and help to conserve assets that are needed for care.
Elder law attorneys specialize in legal issues affecting the elderly. They are knowledgeable about Medicare and Medicaid programs. They work with the elderly in assisting them and their families with all aspects of estate planning and implementing necessary legal documents for the final years of life. In addition, they help individuals to apply for and possibly accelerate coverage from Medicaid. An elder law attorney can also help with disputes with Medicaid. Below is a partial list of what an elder law attorney might do:
A Certified Elder Law Attorney (CELA) is an elder law
attorney who is highly proficient in meeting the legal needs of elders and
in understanding and applying the rules of Medicaid. A CELA has
successfully handled a requisite number of pertinent cases in order to receive
that designation. This experience will make an attorney with
this designation more competent with elder planning issues than other
attorneys lacking this designation.
Most elder law attorneys do not specialize in all of the areas iterated above.
When considering an attorney you will want to find one who has experience in
the area you need help.
According to The National Academy of Elder Law Attorneys -- http://www.naela.org/:
“Ask lots of questions before selecting an elder law attorney. You don't want to end up in the office of an attorney who can't help you. Start with the initial phone call. It is not unusual to speak only to a secretary, receptionist or office manager during an initial call or before actually meeting with the attorney. If so, ask this person your questions.
A good way to choose an attorney is by referral from friends, family, clergy or other associations. Before you meet for your initial consultation, prepare the items you want discussed and taken care of. Bring pertinent documents and questions. Be sure you get clear answers and that you understand what your attorney is proposing.
Two-way communication is the best way your attorney can understand your needs and concerns. Does the attorney listen to what you say, appear to really care about your concerns or return your phone calls? If not find another attorney. Most Elder law Attorneys sincerely want to help make you or your parent's elder years a well planned for, peaceful experience for all involved.
There are a number of ways attorneys charge for their services. They may charge a flat hourly rate. Or they may charge hourly for some services and add on additional expense for out-of-pocket costs such as paperwork, stamps, phone calls, etc. Or they may charge a single fee for a mutually agreed-upon course of action or plan. Some attorneys who specialize in appeals for veterans benefits or Social Security may work on a contingency basis. It is important to understand how you will be billed so there will be no surprises in the end.
The
National Care Planning Council lists elder law attorneys throughout the
To find someone in your area go to:
http://www.longtermcarelink.net/a2cfindattorney.htm
Medication Problems and the Elderly
At 83 years old, Martha still lived in her own home, and enjoyed working in her garden and canning peaches. It was becoming harder to motivate herself, to get up in the mornings and accomplish the day's tasks. She confided to her daughter that she felt anxious and tired. Her daughter, who was taking medication for her anxiety, took Martha to her own doctor, not Martha's and got her a prescription for Valium. In doing so, the daughter's doctor, who had never seen Martha and who did not have her medical history, was only aware of a few medications they told him she was taking.
Martha, in fact, was taking 9 different medications as well as herbal supplements.
The
addition of Valium to her existing list of prescribed drugs sent her to the
emergency room with respiratory distress. If she had gone to her own doctor, he
would have found that a dosage adjustment of her current medications would have
solved her anxiety.
Medication
errors are common in the elderly. Many seniors take on average 6- 8 different
prescriptions as well as over the counter drugs. Many times the elderly will
not go back to their doctor to have their dosage evaluated and changed if
necessary. Family members should be aware, that elderly parents may tend to
take the family's advice over going to their own doctor. Even though children
want to help increase the health and stamina of their parents, they may in fact
be causing damage by misdirecting their loved ones.
Where a younger person can benefit from herbal supplements like Ginkgo Biloba, Saw Palmetto and others, in older people, these herbals may cause adverse reactions with their prescription medications.
In 2003, a panel of experts put together a list of potential medications that would not be appropriate to give to seniors. This is called the “ Beers List ” after one of the research professionals.
Dr. Donna M Fick, R.N. one of the panel members for updating the “Beers List,” states in her article on Seniorjournal.com:
"Just as our bodies physically slow down as we age, changes occur in the way that older bodies handle pharmaceuticals, and this has motivated experts to develop a list of drugs that may be harmful to elderly patients.
"With age, drugs tend to build up in the
body, and the distribution and elimination of drugs from the body changes as
well," says Dr. Donna M. Fick, R.N., associate professor of nursing at
An on-line article on HealthSquare.com, Titled "Drugs and the Elderly," talks about physical symptoms and medications.
“ Among the first signs that a drug may not be working
properly in an older person is a change in mood, energy, attitude, or memory.
Too often, these alterations are overlooked, ignored, or chalked off to
"old age" or senility. Older people may themselves feel that their
blue mood is caused by something external such as the death of a friend or
simply by boredom. Nothing could be farther from the truth. Virtually every
heart medication, blood pressure drug, sleeping pill, and tranquilizer has been
known to trigger depressive symptoms.
When a psychological symptom appears in an older person, examine his or her medication or drug use first. Consider, too, factors like alcohol intake, poor nutrition, and hormone imbalance. And never dismiss the possibility that a real psychological problem has developed and may itself require medication.”
There are many things family members can do to help monitor medications for their elderly parents.
Family members who live long distances from their elders have available to them new technology in medication monitoring.
“Technology has developed computer and computer cameras to help the elderly in their homes stay safe and healthy. Home telehealth-set up by medical professionals in the home--enables providers to monitor such things as medications and blood pressure and actually see the patient. Patient questions are answered and advice is given, while the monitoring nurse views through the video phone how his or her patient looks physically.” The 4 Steps of Long Term Care Planning, Pg 92
Find a home care agency in your
area:
http://www.longtermcarelink.net/a7homecare.htm
Overmedication or taking
medication incorrectly may lead to early mental confusion and decline in health
in seniors. “If medication problems were ranked as a disease in cause of death
it would be the 5 th leading cause in the
TESTIMONIALS
"Thank
you for all you did to help my father with his will, etc. and for helping my
brother and I with the transaction." - Harriet
"You are so kind, and have always been." - Elsie
"Thank you for the professional services you provided during the settling of my aunt and grandmother's estate." - Quentin
“I would like to thank you for all of your help, patience, kindness and compassion. My father and I appreciate all that you have done and maybe even more, the kind manner in which you treated us. Please thank the staff members that worked with Dad and I, as they also displayed wonderful kindness and compassion.” - Randy
"Sandra- You have always been there for my family. We have been such a small client for you but you have always been gracious. We appreciate you." -Barbara and Anna
"To the whole Law Office- I wish to thank all of your personnel who worked on Betty's and my problem. We could not do it without your help and guiding. Especially to Linda, she handled it with a smile on her face and very quickly, also Sue who knew all the answers. Thanks again for all your hard work." - John
"Dear Mrs. Cleaver, I want to thank you very much for taking care of myself and my family. You were very kind to all of us. Thank you again." -A.S.
"Thank you for your help in our time of need. Hard time for us all." - H.M.
"Dear Sandra, Sometimes the profession just picks the right person... and then that person goes above and beyond what is expected...like you have done. Thank you so much for helping me through such a difficult maze and tangle of paperwork and deadlines. My life is so much better now because you became an attorney and because you cared. Thank you!" -N.M.
"Thank you for the expertise and diligence provided in this endeavor. Most of all, thank you for sensitivity and compassion displayed. It made it easier for us going through the emotional side of the process." -C.F.
Elder Law Answers
Included
in this web site is elder law information, a discussion forum, resources and
the ability to locate a qualified elder law attorney in other states.
Stark County Elder
Law
National Elder Law
Foundation - NAELA
Area Agency on Aging
Alzheimer's Association
Social Security
Medicare
Loads
of information including information about the new Medicare Prescription Drug
Plan.
The National Council
on the Aging
Founded in 1950,
The National Council on the Aging is a national network of organizations and
individuals dedicated to improving the health and independence of older
persons; increasing their continuing contributions to communities, society and
future generations; and building caring communities.
This
web site offers
This
quality site discusses affirmation of life, treatment of the person, and
supporting the family, while promoting quality of life.
Palliative care has different goals than curative care. It focuses on comfort,
pain relief, and ameliorating other distressing symptoms. Palliative care
programs should follow well-established precepts.
