Category: Elder Care Crises Issues:

April 20, 2018 admin

What is a perfect score on cognitive testing and what does it mean?  Having represented clients in well over 300 guardianships I have seen the common cognitive tests and how they are interpreted many times. Scoring well on them may or may not represent what you think it does.   On its surface, the Montreal…

April 6, 2018 admin

While the execution of wills requires formalities like witnesses and a notary, the reality is that much property passes to heirs through other means that often lack the protections of a properly drafted will or trust.   Many bank and investments accounts, as well as real estate, have joint owners who take ownership automatically at…

March 29, 2018 admin

Many eldercare professionals have observed or have in someway been involved in an incapacity proceeding. The roles of the parties are not always clear. As a lawyer involved in over 350 incapacity proceedings the one concern/ambiguity I have always had is the role or counsel appointed for the alleged incapacitated person.   In Pennsylvania the…

February 27, 2018 admin

In a (very) rare act of bipartisanship, the United States Congress came to an agreement to avoid the risk of a government shutdown.   There are new Medicare changes under the new budget agreement that have a dramatic impact on health care. The Bipartisan Budget Act of 2018 is a continuing resolution (CR) to keep…

February 14, 2018 admin

Medicare beneficiaries may now discuss options for end-of-life care with their health care providers. Beneficiaries of course were already free to talk about advance care planning with their doctors or other qualified health professionals. However, practitioners were only reimbursed for such discussions during a patient’s “Welcome to Medicare” visit, a time when the topic may…

January 30, 2018 admin

A recent New Jersey appeals court case demonstrates how important it is for families to come up with a long term care plan before an emergency happens. The case involves two brothers who got into a fight over whether to place their mother in a nursing home.  Sadly, this dispute resulted in one brother filing…

January 23, 2018 admin

Difficult Assets in Estates or Guardianships Oftentimes when I am assisting a family in estates or with guardianships I often find that the decedent/incapacitated person owned unique or troublesome assets.   Difficult Assets in Estates or Guardianship Include: Timeshares: These are almost impossible to sell once they are issued. If they are premier companies with premier…

January 10, 2018 admin

Understand Decisional Capacity: Be aware that capacity is not an all-or-nothing thing. A family member may have some capacities at some times but are gradually losing others. Financial capacity and financial judgment often decline before other functions. So it is important to get help to evaluate capacity. It will help give you a clearer picture…

November 27, 2017 admin

Would you like a few tips about Nursing Home Admission Agreements? Common Concerns with Agreements: Concern: Some nursing home admission agreements assume that certain injuries are inevitable.  They limit the care for the resident and force the resident to hire private duty caregivers. Response: Federal law requires the nursing home to provide the care necessary…

October 9, 2017 admin

What if there is a problem and you are not around the corner to help? Being a long distance caregiver for an elderly or disabled loved one is tough. Here are some tips for long distance caregivers: Hire a local care manager. Create a Contact List. Put together a contact list of medical providers, insurance…

July 10, 2017 admin

Alzheimer’s Disease vs Age Related Memory Loss There was a recent article discussing Nobel Prize-winning Professor Eric Kandel’s 50+ years of research on the topic of memory loss and Alzheimer’s Disease. It described how, while some of the newer medications are making a difference, they are often less effective because they are not used until…

January 2, 2017 admin

Affordable Care Act:  Impact on Older Adults Repealing The Affordable Care Act Will Not Only Affect the Young One of President-elect’s Donald Trump’s campaign promises was to repeal the Affordable Care Act (ACA), aka Obamacare, and Republicans in Congress have vowed to make the repeal one of their first acts in the new term. While…

October 30, 2015 admin

Understanding Your Social Security Benefits Two popular social security claiming strategies will be gone if the bi-partisan budget now being proposed is signed into law by the President. File and Suspend Under this strategy, a higher earner at full retirement age (currently 66) can claim his benefit, enabling his lower-earning spouse to claim a spousal…

August 25, 2015 admin

This is a tricky question because every power of attorney is different and therein lies the confusion.  There are two types of triggers for an agent under a power of attorney to be authorized to start acting for the principal.  The first is a Springing Power of Attorney.  In this type of instrument there is…