When Seniors Refuse Care
Families often struggle with what to do when their loved ones refuses care. Can a senior refuse care that is ordered from their doctor? Does it make a difference if the senior is in a long-term care facility? The quick answer is yes, a senior living in any living environment can refuse care. From there... Read More
Long-Term Care: Aging with Dignity
All individuals regardless of age have a right to be treated with dignity. People often confuse dignity with respect. Dignity according to Donna Hicks Ph.D. is “our inherent value and worth as human beings; everyone is born with it. Respect, on the other hand, is earned through one’s actions.” As individuals age they often feel... Read More
What happens in a Probate Estate?
A few posts ago, I discussed why things go through probate. In this installment, I want to go through more of the steps involved once we know we have assets that are going to go through probate. For the purposes of this article, I am only going to discuss a full decedent’s estate, which means... Read More
Probate and Bills/Credit Issues After Death
In the last installment of our series on probate, we discussed the filing of the inventory, or the listing of all the assets that were present at the time of the individual’s death. Once the personal representative/executor has taken control of everything, we are in a mandatory waiting period. This does not mean that the... Read More
Resident Rights in Long-term Care Facilities
Residents of long-term care facilities have rights that are guaranteed and protected by law. These “resident rights” promote the principles of dignity and respect. All facilities must protect and enforce these rights for all residents. Participate in Your Care Residents can choose their own doctor; Attend their care plan meeting; Refuse treatment: A resident... Read More
Therapy in Long-term Care Facilities
In order to receive therapy in a long-term care facility and have it covered by Medicare the individual must be in the hospital for three days within the previous 30 days. Sometimes hospitals will keep an individual for a limited period of time but list their stay as observation, not inpatient. When this happens the... Read More
Activity Programs in Long-term Care Facilities
A good activity program in a long-term care facility goes a long way in improving the quality of life for the residents. Missouri State Regulations 19 CSR 30-85.042 paragraph 93 states, “The facility shall designate an employee to be responsible for the activity program. The designated person shall be capable of identifying activity needs of... Read More
Veterans Administration proposes to radically change benefits!
Over the last 10 years, I have helped hundreds of veterans qualify for improved pension (commonly known as Aid & Attendance) benefits. This program provides anywhere from $1100+ to $2800+ per month, typically to help pay for costs associated with care, such as in-home, assisted living, or skilled care. At the end of January,... Read More
What is Probate?
What is Probate? Many times, when talking with clients, they will inform me that their primary goal is to avoid probate. While I largely agree that this is a goal of proper estate planning, many times my clients really don’t know what probate is, or why they want to avoid it so badly. Probate Court... Read More
What makes someone an Elder Law Attorney?
A few weeks ago, a case was decided by the Missouri Court of Appeals that highlights the reasoning behind getting professional advice in planning for Medicaid and/or VA benefits. It also highlighted why just flopping the phone book open to the first Elder Law Attorney or randomly selecting someone from a Google search can... Read More