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Florida Elder Law Blog - A blog by Elder Law Associates, South Florida's premier elder law attorneys, who handle elder law, medicaid planning, guardianships and much, much more.

Monday, March 28, 2011

 

Book Review: The Savvy Senior

Jim Miller. The Savvy Senior (Hyperion, New York, N.Y., 2004; 250 pages).
$13.95 from Amazon.com

You will indeed be savvy about senior issues after finishing this information-packed book. It offers a wealth of resources and basic, need-to-know information on a broad range of topics of vital interest to seniors.

Within the book's 250 pages you will find information on locating volunteer opportunities for seniors, avoiding identity theft, fall-proofing a home, tracking down alternative housing arrangements, reducing the cost of prescription drugs, and securing assistance for the caregivers of Alzheimer's victims to name just a few of the scores of concerns the book addresses.

The author, Jim Miller, clearly knows his subject matter. Miller is the creator and writer of The Savvy Senior syndicated column, currently running in more than 400 newspapers around the nation, and manages the Savvy Senior Web site.

The issues Miller covers are grouped under six main categories: Lifestyle, Home, Health, Medicare and More, Social Security, and Finances. The Health section, for example, briefly summarizes a range of conditions that afflict the elderly -- from macular degeneration to osteoporosis -- giving warning signs and frequently recommended treatments.

In his characteristically personable style, Miller explains topics as arcane as Medicare's new prescription drug benefit and then offers up a storehouse of "Savvy Facts" and resources for further help, including associations, government agencies, and Web sites. Miller further spices up what could otherwise be dry reading with flashes of wit: a section discussing pre-paid funeral plans is titled "Shop Before Your Drop."

You might well ask, What does a self-described "MTV-generation guy" know about senior issues? As Miller explains it, his Savvy Senior publishing empire had its origins in October 2000, when his parents died within three weeks of each other. Miller subsequently took a temporary job at a retirement community because he thought that being around older people might help him with his grief. Residents at the community kept asking him questions that he couldn't answer but that he thought someone should. Soon he began writing a question-and-answer column for the local newspaper, and the rest, as they say, is history -- luckily for us.

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Monday, March 21, 2011

 

Howard Krooks Interviewed on NPR's Marketplace regarding "Getting Paid to Take Care of Mom and Dad"

Recently, Howard Krooks, partner of Elder Law Associates, was interviewed by NPR's Marketplace on a segment entitled "Getting paid to take care of mom and dad."

There are millions of caregivers in this country who look after an older family member - and a growing number of them is getting paid to do the job. Elder law attorneys have been drawing up more contracts that deal with how to care for mom or dad, and get compensated...

Click here to read or listen to the story.

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Friday, March 18, 2011

 

Florida Elder Care: Choosing Home Care Services That Meet Your Needs

Making the decision to hire a home care service to provide care for your loved one is an important decision and can, at the same time, be very difficult. If an illness or recovery from surgery requires nursing care or physical therapy, a physician may order skilled home care services that provide both skilled providers and personal aides. Your decision is then based on the obvious medical determinations made by the doctor. But what if you as the family caregiver must determine the extent of care needed without the help of a doctor?

Each home care situation is unique. In the beginning, family or friends step in to help with simple tasks and support for aging seniors who want to stay in their homes. As long term care needs progress, more time is required to manage those needs. Physical and mental conditions change with aging making usually routine hygiene and daily living activities difficult for an aging individual. Even with the healthiest of seniors, the ability to drive a car, shop for groceries or do general housekeeping eventually needs to be relinquished to the responsibility of another person.

In one example, Karen, would stop by her parents' home on her way to work every morning and again on her way home from work in the evening. She checked in the morning to see that they were up and ready for the day and Karen would take a shopping list for things they needed. In the evening she delivered the needed items she had purchased during her lunch break and sometimes she fixed a meal when one was not prepared by her mother. This worked well until Karen began to notice her father did not shave or dress during the day and both parents were forgetting their medications. Karen felt more time and supervision was needed in their care but with her own family and job, she could not do it. Non-medical or personal home care services would be a good option for Karen to consider.

Before starting your search for a non-medical or personal home care company, determine what the care needs are and how much time each week will be required for assistance from the company. You may want to consult with the family physician and other family members as well as experienced social workers or care managers to determine needs. Most home care companies, as well, will help you do an assessment at no charge. With your care needs in hand, you are ready to begin your search.

The National Association for Home Care & Hospice (http://www.nahc.org/home.html) gives the following guidelines and checklist in searching for a home care company.

  • How long has this provider been serving the community?
  • Does this provider supply literature explaining its services, eligibility requirements, fees, and funding sources? Many providers furnish their home care clients with a detailed "Patient Bill of Rights" that outlines the rights and responsibilities of the providers, clients, and family caregivers alike.
  • How does this provider select and train its employees? Does it protect its workers with written personnel policies and malpractice insurance? Does it protect clients from theft or abuse by bonding its employees?
  • Does this provider assign supervisors to oversee the quality of care clients are receiving in their homes? If so, how often do these individuals make visits? Who can the client and his or her family members call with questions or complaints? How does the company follow up on and resolve problems?
  • What are the financial procedures of this provider? Does the provider furnish written statements explaining all of the costs and payment plan options associated with home care?
  • What procedures does this provider have in place to handle emergencies? Are its caregivers available on notice?
  • How does this provider ensure client confidentiality?

If a home care company has not previously been recommended to you, ask for a list of previous clients and call for their experience with this provider.

Following up on these guidelines can help you determine the quality of personal care that is given. Many states license non-medical home care companies and require both legal and health standards to be maintained.

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Sunday, March 13, 2011

 

Florida Elder Law: Florida bill would undermine family caregiver arrangements

Jean is 80 years old, a Florida resident and legally blind. Her daughter Laura has left her job in order to assist her mother. Laura does the cooking, shopping and housekeeping, transports her mother to medical appointments, and serves as Jean's all-around companion. Although she does all this out of love, Laura is paid by her mother for her help. As dedicated a daughter as she is, Laura could not afford to care for her mother without such compensation. Without Laura's help, Jean would have no choice but to hire a stranger to do these tasks, or she would have to move to a facility.

Bill, a widower, is diagnosed with Parkinson's Disease and had to move to a Florida nursing home last year. Gary, his son, works the early morning shift and stops by each afternoon to help his father eat his lunchtime meal, read to him, and take him to afternoon activities for which the overworked staff don't always provide transportation. Like Laura, Gary helps his father out of love. He would help with or without payment. But with a child in college and bills to pay, Gary is grateful for the small sum Bill insists on giving his caregiver son.

In Florida, such "personal service contracts" -- i.e., prepaying a loved one for caregiving services -are considered exempt for Medicaid eligibility purposes. Unfortunately, this may change if the Florida Legislature passes Senate Bill 1356. Under the proposed legislation, personal service contracts would be considered "gifts" that would count against a parent's ultimate eligibility for long-term Medicaid services, should they ever be needed. In plain language, the passage of SB1356 will mean that:
  • Adult children who want to care for their parents may be unable to do so because of the financial hardship that would result.
  • Aging parents may be forced to rely on strangers, rather than their own loved ones who would otherwise be willing to help their parents.
  • And in some cases, the parent will find himself or herself having to move to facility rather than stay at home.
SB1356 doesn't exactly represent the "family values" so many of our politicians claim to support! It would negatively impact on countless families and the elderly. (By the way, the Veteran's Administration allows personal service contracts. The V.A. will pay a veteran or veteran's widow in order to compensate a relative who is providing non-medical caregiving services.)

Please help us defeat Bill 1356. Email/fax/call your Florida elected representatives (a link is provided below) and let them know you are against SB 1356. You may wish to cut and paste the following wording into your email:

I do not support restrictions on payment to members of my family who provide necessary services to me as I grow older. I may need extra help with essential, yet simple things, like making a meal, tidying up, or sitting with me when I am lonely. Among my friends, I know of many daughters and sons who have quit their jobs or have chosen to work less hours so they can help their aging parents. Those daughters and sons love their parents but they need to be paid just like any other professional. I want my children, rather than a stranger, to help me. My children should not have to make a choice between being there for me and facing severe financial hardship. PLEASE vote AGAINST any legislation, including SB 1356, if restrictions on payment to family members are proposed.

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Sunday, March 6, 2011

 

Florida Elder Law: Book Review - New Times, New Challenges

As we grow older, new challenges emerge. Employing an engaging and often humorous tone, New Times, New Challenges offers practical advice needed to navigate these challenges.

Written by a law professor and an elder law attorney, New Times, New Challenges is chock full of down-to-earth advice on everything from retirement planning to wills and estates to aging and disability issues. The authors cover all the bases and suggest solutions in a way that everyone can understand. While many books cover the same topics, this one stands out for its authors' entertaining and engaging writing style that uses famous quotes, excerpts from poems and books, and jokes to illustrate points.

Practical tips on issues such as how to stay healthy, where to live when you retire, and sex as you get older are interspersed with guidance on legal issues such as estate planning, avoiding probate, and disability planning. Other subjects covered include retirement finances, Medicare, elder abuse, driving, grandchildren, debt collection, nursing homes, end-of-life care, dealing with a death in the family, and many more. The book provides a wealth of information useful for both seniors and their family members.

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Tuesday, March 1, 2011

 

Florida Elder Law: Howard Krooks in US News and World Report

Philip Moeller of the U.S. News & World Report interviewed Elder Law Associates' partner Howard Krooks for his article "How to Ensure Your Last Wishes Are Carried Out."

Click on the link above to access the article. Of course, always check with a qualified Florida Elder Law Attorney before making any legal decisions about your specific situation.

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