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Friday, July 31, 2015
Wednesday, July 29, 2015
Power of attorney: It’s easily abused - Elizabeth O'Brien's Retire Well - MarketWatch
Power of attorney: It’s easily abused - Elizabeth O'Brien's Retire Well - MarketWatch: It’s a standard part of estate planning. It’s also, according to experts on elder fraud, a license to steal. It’s the power of attorney, a legal instrument designed to give a trusted individual the authority to handle financial or health matters for the person creating it.
As their own parents grow older—and, in many cases, lose the capacity to make their own financial and medical decisions—growing numbers of baby boomers are beginning to wrestle with the intricacies and pitfalls of the power of attorney. And of course, the day may not be too far off when they themselves may have to trust someone else with those powers. “They have great value and opportunity to misuse,” said Randy Thomas, a former police officer in Columbia, South Carolina who lectures nationally on elder financial abuse.
Estate plans usually involve what’s known as a “durable” power of attorney. These allow the trusted individual—legally, the “agent”—to retain power of attorney even when the person who created the document—the “principal”—has become incapacitated. A general power of attorney expires when the principal has lost capacity; these are usually limited to a certain transaction, such as a real estate closing or the license-plate example above. All powers of attorney expire when the principal dies
As their own parents grow older—and, in many cases, lose the capacity to make their own financial and medical decisions—growing numbers of baby boomers are beginning to wrestle with the intricacies and pitfalls of the power of attorney. And of course, the day may not be too far off when they themselves may have to trust someone else with those powers. “They have great value and opportunity to misuse,” said Randy Thomas, a former police officer in Columbia, South Carolina who lectures nationally on elder financial abuse.
Estate plans usually involve what’s known as a “durable” power of attorney. These allow the trusted individual—legally, the “agent”—to retain power of attorney even when the person who created the document—the “principal”—has become incapacitated. A general power of attorney expires when the principal has lost capacity; these are usually limited to a certain transaction, such as a real estate closing or the license-plate example above. All powers of attorney expire when the principal dies
Thursday, July 23, 2015
How To Get Up After a Fall – A Short Video from Learn Not to Fall
How To Get Up After a Fall – A Short Video from Learn Not to Fall: LEARN HOW TO GET UP
Review Your Risk Now
How to get up
How to call for help
In this short video, Dr. Dorothy Baker, RN PhD, explains the importance of knowing how to get up if you fall, and shows a senior demonstrating these techniques.A printable copy (PDF) of illustrated instructions on how to get up is available
Domain Name: LEARNNOTTOFALL.COM
Registrar Abuse Contact Email: abuse@web.com
Registrar Abuse Contact Phone: +1.8003337680:
Registrant Name: Lifeline Systems
Registrant Organization: Lifeline Systems
Registrant Street: 111 Lawrence Street
Registrant City: Framingham
Registrant State/Province: MA
Registrant Postal Code: 01702
Registrant Country: US
Registrant Phone: +1.5089881000
Review Your Risk Now
How to get up
How to call for help
In this short video, Dr. Dorothy Baker, RN PhD, explains the importance of knowing how to get up if you fall, and shows a senior demonstrating these techniques.A printable copy (PDF) of illustrated instructions on how to get up is available
WHOIS search results for: LEARNNOTTOFALL.COM (Registered) |
|
| ||||||||
Domain Name: LEARNNOTTOFALL.COM
Registrar Abuse Contact Email: abuse@web.com
Registrar Abuse Contact Phone: +1.8003337680:
Registrant Name: Lifeline Systems
Registrant Organization: Lifeline Systems
Registrant Street: 111 Lawrence Street
Registrant City: Framingham
Registrant State/Province: MA
Registrant Postal Code: 01702
Registrant Country: US
Registrant Phone: +1.5089881000
----
Alzheimer's Safety Proofing Households, Devices and Equipment
http://dandyfunk4.blogspot.com/
Follow : Dave's Knowledge Networks http://tinyurl.com/ny62zh3
“The beautiful thing about learning is nobody can take it away from you.” B.B. King
Sunday, July 19, 2015
6 Online Resources to Start Advance Care Planning Conversations | American Society on Aging
6 Online Resources to Start Advance Care Planning Conversations | American Society on Aging
By Judy Thomas, JD {Q}It’s never too soon to start talking about advance care planning. Talking with patients and their loved ones—or even your own family members—and helping them plan for future medical needs is the best way to make sure their wishes will be respected.{EQ}
By Judy Thomas, JD {Q}It’s never too soon to start talking about advance care planning. Talking with patients and their loved ones—or even your own family members—and helping them plan for future medical needs is the best way to make sure their wishes will be respected.{EQ}
Thursday, July 16, 2015
Strategies to Protect Your Money from Medicaid - AgingCare.com
AgingCare.com is not simply a website, but a community of caregivers facing the challenge of caring for an elderly loved one.
They provide a comfortable meeting place for the free exchange of ideas with knowledgeable professionals, responsive experts, and people just like you. They provide an excellent knowledge network, use it.
The following is extracted from AgingCare.com
{quote}
Too few older adults know and understand their rights and options regarding health care, particularly long-term care, which, to quote the New York Court of Appeals, is "ruinously expensive."
A Caregiver Agreement is an excellent strategy in many cases where extra services are needed or desired that would not be covered by Medicaid, and are outside the scope of what a nursing facility or home care attendants would provide.
The caregiver can be a son, a daughter or other family member, a friend, a geriatric care manager or a home care agency. The services can be paid for in advance, and the payment will then reduce countable resources, helping the person in need of care gain Medicaid eligibility. A family member can render these services, providing income for that person (who may have given up a job or taken time off from work), and reducing conflict with other family members who are unable or unwilling to help out.
If the caregiver is to be paid in advance, the keys to creating an agreement that will be accepted by Medicaid are:
The contract must specifically define the services provided and hours to be worked by the caregiver.
The lump sum payment must be calculated using a reasonable life expectancy and legitimate market rates for the services.
A daily log of actual services rendered and hours worked must be maintained, along with written invoices.
Upon the death of the patient, any unearned amounts must be paid to Medicaid, up to the amount that Medicaid paid on behalf of the patient.
Spousal Transfers and Spousal Refusal
An important feature of the Medicaid laws is that transfers between spouses are permitted, are not subject to the "look back," and thus do not result in any penalty. In the case of a married couple, one of the basic strategies is to transfer any assets that are in the name of the spouse who needs care to the name of the well spouse (also called the "community spouse" where the spouse who needs care is in a nursing home).
New York and some other states permit something called "spousal refusal." In these scenarios, the well (or community) spouse will refuse to provide support for the spouse who needs care.As a result, the spouse who needs care will be immediately eligible for Medicaid, and will receive services.
Once Medicaid provides services, it has the right to seek contribution from the well spouse. In some cases, however, Medicaid does not pursue its rights, and in other cases it is willing to settle at a discount. At a minimum, the well spouse will receive a significant benefit because any reimbursement to Medicaid will be at Medicaid's discounted rates, rather than at the private pay rates that the providers would have charged.
Unfortunately, the majority of states are "spousal share" states that do not permit spousal refusal. In these states, the resources of both spouses are counted towards the Medicaid eligibility amount, and the above strategy is therefore ineffective.
Elder Law attorneys are able to work within the Medicaid laws to produce favorable outcomes for their clients. Bear in mind that every case has its unique facts, and these strategies might or might not be the top five for you, given your circumstances. In any case, it's hardly ever too late to develop an effective strategy to obtain benefits, and protect at least some of your assets or income at the same time.
David Cutner is a former family caregiver and co-founder of Lamson & Cutner, a boutique elder law firm in Manhattan, known for its successful strategic planning and insights into the issues of today's elder law maze.
{End of Quoting}
I have no connection with David Cutner the following contact information is my thanks to him.
They provide a comfortable meeting place for the free exchange of ideas with knowledgeable professionals, responsive experts, and people just like you. They provide an excellent knowledge network, use it.
The following is extracted from AgingCare.com
{quote}
Too few older adults know and understand their rights and options regarding health care, particularly long-term care, which, to quote the New York Court of Appeals, is "ruinously expensive."
A Caregiver Agreement is an excellent strategy in many cases where extra services are needed or desired that would not be covered by Medicaid, and are outside the scope of what a nursing facility or home care attendants would provide.
The caregiver can be a son, a daughter or other family member, a friend, a geriatric care manager or a home care agency. The services can be paid for in advance, and the payment will then reduce countable resources, helping the person in need of care gain Medicaid eligibility. A family member can render these services, providing income for that person (who may have given up a job or taken time off from work), and reducing conflict with other family members who are unable or unwilling to help out.
If the caregiver is to be paid in advance, the keys to creating an agreement that will be accepted by Medicaid are:
The contract must specifically define the services provided and hours to be worked by the caregiver.
The lump sum payment must be calculated using a reasonable life expectancy and legitimate market rates for the services.
A daily log of actual services rendered and hours worked must be maintained, along with written invoices.
Upon the death of the patient, any unearned amounts must be paid to Medicaid, up to the amount that Medicaid paid on behalf of the patient.
Spousal Transfers and Spousal Refusal
An important feature of the Medicaid laws is that transfers between spouses are permitted, are not subject to the "look back," and thus do not result in any penalty. In the case of a married couple, one of the basic strategies is to transfer any assets that are in the name of the spouse who needs care to the name of the well spouse (also called the "community spouse" where the spouse who needs care is in a nursing home).
New York and some other states permit something called "spousal refusal." In these scenarios, the well (or community) spouse will refuse to provide support for the spouse who needs care.As a result, the spouse who needs care will be immediately eligible for Medicaid, and will receive services.
Once Medicaid provides services, it has the right to seek contribution from the well spouse. In some cases, however, Medicaid does not pursue its rights, and in other cases it is willing to settle at a discount. At a minimum, the well spouse will receive a significant benefit because any reimbursement to Medicaid will be at Medicaid's discounted rates, rather than at the private pay rates that the providers would have charged.
Unfortunately, the majority of states are "spousal share" states that do not permit spousal refusal. In these states, the resources of both spouses are counted towards the Medicaid eligibility amount, and the above strategy is therefore ineffective.
Elder Law attorneys are able to work within the Medicaid laws to produce favorable outcomes for their clients. Bear in mind that every case has its unique facts, and these strategies might or might not be the top five for you, given your circumstances. In any case, it's hardly ever too late to develop an effective strategy to obtain benefits, and protect at least some of your assets or income at the same time.
David Cutner is a former family caregiver and co-founder of Lamson & Cutner, a boutique elder law firm in Manhattan, known for its successful strategic planning and insights into the issues of today's elder law maze.
{End of Quoting}
I have no connection with David Cutner the following contact information is my thanks to him.
| Lamson & Cutner, P.C. | ||||||||||||||||||||
| 9 East 40th Street | ||||||||||||||||||||
| New York, New York 10016 | ||||||||||||||||||||
| ||||||||||||||||||||
Tuesday, July 14, 2015
Impaired Hearing Resouurces
- Communicating With Impaired Elderly Persons
Communication with a impaired person can be a difficult and frustrating task, but good communication skills can prevent catastrophic reactions. In dealing with persons it is important to listen, speak clearly and slowly and use non-verbal communication (body language) to help convey your message. The following article includes tips for communicating - Nassau County Department of Senior Citizen Affairs
NASSAU COUNTY OFFICE FOR THE PHYSICALLY CHALLENGED serves as an advocate and liaison for people with disabilities and is responsible for ensuring Americans with Disabilities Act (ADA) compliance. It promotes equal access in education, employment, transportation, recreation, and consumerism in the private sector, and develops public awareness through referral services, conferences, and dissemination of literature - Hearing Health and Alzheimer 's Disease | November 2001 | The Hearing...
The Hearing Review and Hearing Review Products is the single-stop web site for the hearing industry. It brings users the latest news, product developments, and legal and regulatory updates. Subjects include coverage of industry trends, developments in instruments, patient counseling, industry events and education. - Understanding Hearing Loss For Seniors
Go60.Com is a no-nonsense, yet caring and compassionate internet destination devoted to helping seniors improve with age. - Consumer Resource Directory - Community Services Resources
TSA's online Consumer Resource Directory. There are three easy ways to find the services you're looking for or might like to consider - Treating Hearing Loss Important for Alzheimer 's and Dimentia
there is also compelling evidence to suggest a link between a hearing loss, dementia and Alzheimer’s, both which are degenerative diseases that lead to progressive memory loss in the elderly. - "How a Hearing Impaired Phone Can Help Grandma
A hearing impaired phone has a lot of advantages to those elderly who have trouble hearing or even those who are non-seniors who have hearing problems. It allows them to communicate their thoughts to both the hearing and hearing impaired world effectively." - Talking To The Sight Or Hearing Impaired
Suggestions that may help you and your loved one communicate more effectively. - Seniors -- Alzheimer 's Disease
Common Senior Health Issues - Senior Health Report: Health News for Seniors About Alzheimers
Senior Health Report is produced by the staff of Medical Week News , publisher of specialized online consumer health newsletters. - Deaf/Hearing Impaired Services
Hearing Speech & Deaf Center of Greater Cincinnati - Device that produces tiny skull vibrations a big help for hearing...
this system of conducting sound through skull bone is a big boost to people who are deaf in one ear and can’t be helped by hearing aids or cochlear implants. - Alzheimer's caregivers: if he or she has a hearing problem
Tips for Communicating With the Hearing Impaired - HEARING TESTS, WOMEN AND ALZHEIMER'S
research on those with Alzheimer's disease also revealed the benefits of treating hearing loss among caregivers. - Alzheimer's, Hearing Problems May Mimic Each Other
Alzheimer’s and untreated hearing impairment have signs and symptoms that are similar - Wireless TV Amplifier from Clarity Helps Hearing Impaired Folks Enjoy Television Again
Study Showed That 75% of People Who Experience a Hearing Loss Find It Difficult to Enjoy Television - Alzheimer's Made Worse By Uncorrected Hearing Loss: The Inside Story
From the archives of Hearing Health Magazine: Alzheimer's Tidal Wave A Hearing Connection? - Phone Strobe Flasher
A very useful device for the hearing impaired and helps those with minor hearing loss to avoid having to set the phone volume so loud. - Amplified Telephones, In-Line Amplifiers, Phone Ringers, Personal Amplifiers, TV Listening Systems, Tour Systems, Alarm Clocks, Travel Clocks, Watches and TTYs.
products which can be used by caregivers to assist in caring for individuals with Alzheimers. - Family Caregivers Communication Class; Talking with Hearing Impaired Aging Parents
valuable tips about communicating with seniors who have hearing loss. - Related Searches for hearing impaired seniors alzheimer
BING search - Attention Control Systems, Inc.
- Hearing & Communication Aids
Software and equipment for hearing- or speech-impaired people. - Alzheimers Clocks
Alzheimers Clocks specially designed for easy viewing, day and date. - a way to ease the symptoms of dementia and Alzheimer's
- as easy as having the patient's hearing tested.
- Treating Hearing Loss
Important for Alzheimer's and Dementia - Remember Me? A Guide to Alzheimer's Disease and Hearing Loss
- Undiagnosed Pre-Existing Hearing Loss in Alzheimers Disease Patients?
- Hearing aids: How to choose the right one
- Hearing Aids -Products to assist individuals with impaired hearing or anyone who needs extra help hearing in this noisy world. At Independent Living Source carries a wide variety of products for anyone who may benefit from the latest technology in amplified phones from corded to cordless to vibrating alarm clocks and bed shakers
- National Program Launched to Help Low-Income Get Hearing Aids
Questions to Ask About Durable Medical Equipment and Medical Supplies - AgingCare.com
Questions to Ask About Durable Medical Equipment and Medical Supplies - AgingCare.com
An article full of very helpful advice and information. A long article and you need to read from end to end to get full benefit
Questions to Ask About Medical Equipment and Supplies
Sample for discussiondisucssion:
Are the senior's needs and comfort periodically assessed?
Handling a dispute with the insurer or vendor:
Has the caregiver made frequent and careful inquiries?
Has all communication (in person, phone, mail, email) been well documented?
If the insurer disputes the need for particular equipment or
supplies or rejects a claim for a more costly but medically justified
item, will an appeal be necessary?
Does the caregiver know how to file an appeal?
Developed by, and made available with the permission of John J. Connolly, Ed.D., President and CEO of Castle Connolly Medical Ltd., America's "trusted" source for information on top doctors and quality healthcare.
An article full of very helpful advice and information. A long article and you need to read from end to end to get full benefit
Questions to Ask About Medical Equipment and Supplies
Sample for discussiondisucssion:
Are the senior's needs and comfort periodically assessed?
Handling a dispute with the insurer or vendor:
Has the caregiver made frequent and careful inquiries?
Has all communication (in person, phone, mail, email) been well documented?
If the insurer disputes the need for particular equipment or
supplies or rejects a claim for a more costly but medically justified
item, will an appeal be necessary?
Does the caregiver know how to file an appeal?
Developed by, and made available with the permission of John J. Connolly, Ed.D., President and CEO of Castle Connolly Medical Ltd., America's "trusted" source for information on top doctors and quality healthcare.
Saturday, July 11, 2015
Alzheimer's and Dementia Care Must read books
Kisses for Elizabeth: A Common Sense Approach To Alzheimer's and Dementia Care (Volume 1) by Stephanie -Large Print Paperback
also available as Kindle Purchase
Creating Moments of Joy: A Journal for Caregivers, Fourth Edition (NEW COVER) by Jolene Brackey (Sep 1, 2008) Paperback
also available as Kindle Edition
The 36-Hour Day, fourth edition: The 36-Hour Day: A Family Guide to Caring for People with Alzheimer Disease, Other Dementias, and Memory Loss in Later Life, 4th Edition
also available as Kindle Purchase
Creating Moments of Joy: A Journal for Caregivers, Fourth Edition (NEW COVER) by Jolene Brackey (Sep 1, 2008) Paperback
also available as Kindle Edition
The 36-Hour Day, fourth edition: The 36-Hour Day: A Family Guide to Caring for People with Alzheimer Disease, Other Dementias, and Memory Loss in Later Life, 4th Edition
Sunday, July 5, 2015
When Medicare Will Pay for Skilled Nursing or Physical Therapy - Howard Gleckman
When Medicare Will Pay for Skilled Nursing or Physical Therapy - Howard Gleckman:
http://howardgleckman.com/author/hgleckman/
Two weeks ago, the government updated the Medicare manual—the
official guidelines for providers. And it has begun an extensive
educational campaign to help them understand the rules. Yet, it is
important that consumers know about this new interpretation as well.
What does this mean? Imagine you have a severe stroke. Before Jimmo,
most people thought Medicare would pay for physical therapy only as
long as that PT was helping you get better. For instance, Medicare would
pay if therapy helped increase the number of steps you could walk
without assistance. Now, Medicare will pay for PT even if it only helps
you maintain your current ability to walk
other restrictions still apply. For instance, Medicare will only pay for skilled nursing care after a patient has been hospitalized for at least three days. And, at least for now, a patient who is in a hospital for observation but has not been formally admitted does not qualify. Medicare will pay for no more than 100 days of skilled care after a hospitalization. And Medicare will not pay for skilled care if needed services can be provided by the patient herself, her family, or by home health aides.
http://howardgleckman.com/author/hgleckman/
Two weeks ago, the government updated the Medicare manual—the
official guidelines for providers. And it has begun an extensive
educational campaign to help them understand the rules. Yet, it is
important that consumers know about this new interpretation as well.
What does this mean? Imagine you have a severe stroke. Before Jimmo,
most people thought Medicare would pay for physical therapy only as
long as that PT was helping you get better. For instance, Medicare would
pay if therapy helped increase the number of steps you could walk
without assistance. Now, Medicare will pay for PT even if it only helps
you maintain your current ability to walk
other restrictions still apply. For instance, Medicare will only pay for skilled nursing care after a patient has been hospitalized for at least three days. And, at least for now, a patient who is in a hospital for observation but has not been formally admitted does not qualify. Medicare will pay for no more than 100 days of skilled care after a hospitalization. And Medicare will not pay for skilled care if needed services can be provided by the patient herself, her family, or by home health aides.
Friday, July 3, 2015
Legal Issues – Revoking prior Powers of Attorney
From Jim Koewler's The Koewler Law Firm website
The agent named in a now-revoked POA may not be happy about being
replaced. That deposed agent may use the authority in the old POA to
take actions with the principal’s assets. The bank or investment office
or real estate agent (or anyone else, for that matter) has no way to
know that the POA has been revoked. (Not many former agents would act
out in this manner, but those few that would certainly can hurt their
principals.)
To avoid an old POA being accepted as current, there are practical steps (in addition to the legal steps) to revoke an old POA.
The principal should try to retrieve all of the copies of the prior
POAs. Retrieving all of them can be a daunting task if there are a
number of copies. (Most POAs have a statement that a copy is to be
honored just like an original, so retrieval of copies is important.)
For advice, representation and peace of mind through these difficult issues, contact Jim Koewler of The Koewler Law Firm.
Legal Issues when someone has Dementia – Revoke prior Powers of Attorney |
The agent named in a now-revoked POA may not be happy about being
replaced. That deposed agent may use the authority in the old POA to
take actions with the principal’s assets. The bank or investment office
or real estate agent (or anyone else, for that matter) has no way to
know that the POA has been revoked. (Not many former agents would act
out in this manner, but those few that would certainly can hurt their
principals.)
To avoid an old POA being accepted as current, there are practical steps (in addition to the legal steps) to revoke an old POA.
The principal should try to retrieve all of the copies of the prior
POAs. Retrieving all of them can be a daunting task if there are a
number of copies. (Most POAs have a statement that a copy is to be
honored just like an original, so retrieval of copies is important.)
For advice, representation and peace of mind through these difficult issues, contact Jim Koewler of The Koewler Law Firm.
Legal Issues when someone has Dementia – Revoke prior Powers of Attorney |
Thursday, July 2, 2015
Options To Pay Off A Reverse Mortgage After Parent Dies | Bankrate.com
If the borrower was married, the surviving spouse might be able to remain in the home even if he or she wasn't a co-borrower, according to Sarah Mancini, an attorney at the National Consumer Law Center, a nonprofit advocacy organization in Washington, D.C.
That's important,
Mancini explains, because some borrowers remove a younger spouse from their home's title to secure a larger reverse mortgage, leaving that younger spouse vulnerable to eviction and foreclosure after the older spouse's death.
The rules that affect surviving non-borrower spouses are complicated, and surviving spouses and heirs may need to consult an attorney to interpret their rights and options if the spouse wants to continue occupying the property.
Mancini says,"There are serious legal issues, and possible grounds for a legal challenge if the lender forecloses while there is still a surviving spouse."
Read more: http://www.bankrate.com/finance/mortgages/pay-reverse-mortgage-after-parent-dies.aspx#ixzz3ekV3iYqn
Follow us: @Bankrate on Twitter | Bankrate on Facebook
That's important,
Mancini explains, because some borrowers remove a younger spouse from their home's title to secure a larger reverse mortgage, leaving that younger spouse vulnerable to eviction and foreclosure after the older spouse's death.
The rules that affect surviving non-borrower spouses are complicated, and surviving spouses and heirs may need to consult an attorney to interpret their rights and options if the spouse wants to continue occupying the property.
Mancini says,"There are serious legal issues, and possible grounds for a legal challenge if the lender forecloses while there is still a surviving spouse."
Read more: http://www.bankrate.com/finance/mortgages/pay-reverse-mortgage-after-parent-dies.aspx#ixzz3ekV3iYqn
Follow us: @Bankrate on Twitter | Bankrate on Facebook
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