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The later stages of life may be among the most rewarding, but elderly people and their loved ones must carefully prepare for the needs and risks associated with aging. Justia provides a free resource to help guide them through this sensitive process.
Aging Americans often need to address distinctive concerns in areas such as health care, estate planning, and financial management. They also sometimes face a risk of abuse due to their heightened vulnerability. Elderly people and their loved ones may want to understand these issues and others that may come up so that they can devise strategies and recognize problems when they arise. The Elder Law Center in the Justia Legal Guides provides a free overview of legal, financial, and practical considerations. While it’s not a substitute for consulting a lawyer, it can serve as a starting point for people who want to get a basic sense of what to expect. Here are some common questions to which it offers general answers.
How Do I Choose a Long-Term Care Facility?
You’ll want to select a facility that provides the appropriate level of care for your loved one or you. An elderly person who needs intensive medical attention usually should choose a skilled nursing facility, while someone who mostly needs help with activities of daily living might choose an assisted living facility instead. The facility should hold a valid license in its state, and a skilled nursing facility should be certified by the Centers for Medicare & Medicaid Services. Some other factors to consider include the level of training of staff members, the staff-resident ratio, and the scope of activities offered at the facility. You might be able to get advice from healthcare providers or organizations dedicated to helping elderly people.
Should I Get Long-Term Care Insurance?
Not necessarily. Long-term care insurance policies are often very expensive, and they don’t always eliminate all out-of-pocket costs. If an elderly person has very limited assets, moreover, they might be able to get Medicaid coverage for any long-term care needs. On the other hand, long-term care insurance could help someone with substantial assets protect their wealth. When considering a long-term care insurance policy, you should make sure that you understand the scope of the services that are covered and any limits on benefits.
What Are Some Pros and Cons of Home Care?
Home care may be more affordable than living in a facility, and it can allow an elderly person to retain more independence and dignity. They still can receive some basic in-home services to help with their daily needs. However, it can put a heavy burden on family members, and it may not be a good option if they’re not regularly available to assist their elderly loved one. Also, some elderly people may feel lonely if they’re always on their own rather than being around other people. Home care may include some hidden costs like home maintenance and time off from work to care for the elderly person.
How Do I Hold a Nursing Home Liable for Abuse?
You would generally need to prove the elements of a negligence claim, which means that the nursing home had a certain duty of care, it fell short of this standard, the breach caused the resident’s injuries, and they incurred actual damages. Plaintiffs bringing nursing home abuse cases often present expert testimony on the appropriate standard of care in the circumstances. In addition, some state laws require a certain standard of care. Violating one of these laws would be strong evidence of liability.
How Can I Recognize Financial Abuse?
If your elderly loved one piles up large credit card charges without an obvious explanation, you might suspect fraudulent behavior. Unusual withdrawals from a bank account also might be a red flag, as well as unpaid bills or missing property. More generally, you should consider the possibility of financial abuse when a stranger starts trying to build a close relationship with your loved one without any apparent reason. Some people try to exploit the loneliness of elderly people by showing affection toward them in the hope of getting money or property in return.
What Does a Durable Power of Attorney Do?
A durable power of attorney allows someone to act on your behalf if you lose your mental capacity. If a power of attorney is not durable, it will lose its validity upon your incapacity. Creating a durable power of attorney can give an elderly person peace of mind by ensuring that a specific person whom they trust will handle important matters for them, rather than whomever a judge chooses to appoint.
Whom Should I Choose for My Health Care Agent?
You should name a health care agent whom you trust to follow your wishes even if these don’t align with their own preferences. They should have a general awareness of your medical condition, and they should be available when a need arises. It’s often smart to choose someone who will have the backbone to uphold your wishes against objections by family members. You often can’t name your doctor as your health care agent, due to potential conflicts of interest.
What Does a DNR Order Do?
A DNR order (do not resuscitate order) is a document indicating that you don’t want to get CPR (cardiopulmonary resuscitation) when emergency medical personnel would typically provide this type of response. Without a DNR order, you likely would get CPR by default if your life is at risk. People generally need a doctor to sign or complete a DNR order. Some people also may want to consider POLST (Physician Order for Life Sustaining Treatment) forms, which can provide preferences for other life-sustaining measures, such as feeding tubes and intubation.
How Do Daily Money Management Programs Work?
A daily money management program can help an elderly person with many types of financial tasks, such as paying bills, managing checkbooks, developing budgets, and gathering information for tax filings. This also can serve as a useful check against the risk of financial scams. Using these personal assistants can help an elderly person stay independent for longer without overly burdening their loved ones. However, it’s important to remember that daily money management programs aren’t substitutes for attorneys or financial professionals like investment advisers and tax specialists.
Will Medicare Cover Hospice Care?
Hospice care is often used near the end of a patient’s life to improve their comfort, rather than trying to treat their condition. Medicare Part A covers most services that a hospice provides for a terminal illness if Medicare certifies the hospice program. These may include the costs of medications, medical equipment, and nursing services, among others. However, Medicare doesn’t cover certain costs related to hospice services, such as long-term room and board at a hospice facility. A patient may be able to get hospice coverage for two 90-day benefit periods, followed by an unlimited number of 60-day benefit periods as long as they remain eligible.
Final Thoughts
If an elderly person or their loved one has a specific legal concern, they should talk to an elder law attorney about the details of their situation. An attorney can explain their rights and options and help them find a solution or put together an action plan. Financial experts also can assist with complex money matters. In the meantime, the Elder Law Center offers a readable overview of some key concepts in this area. Like the other Justia Legal Guides, it furthers our mission of making the law free and accessible to all.
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