Tag: elder law attorney near me

The 10 Point Nursing Home Checklist You and Your Loved Ones Need

Do you have loved ones that you care for and now need skilled nursing care? Are you finding this discussion with your loved ones the most difficult thing you have ever done? We realize that the decision to move your loved ones to a nursing home is hard. How do you find the right one? Will there be challenges? How do you make sure that the needs of your loved ones, both now and in the future, will be met by the facility?

Finding the right facility for your loved ones, that can meet their health care needs, is only the starting place in your research. In addition, what other factors will you and your loved ones need to consider that you may not be aware of yet. Right now, in this blog, we would like to share our 10 Point Checklist that you and your loved ones can read and use in your research as you assess your choices.

1. Financial programs and health care services. Are programs such as Medicaid and long-term care insurance, that can help offset the high cost of care, accepted? Find out early in your evaluation process. Be aware that not all nursing homes provide the same health care services. Make a list of the health care services your loved ones need and use this list to determine if the facility is a fit for them.

2. Location may be important. If your loved ones want to stay in the community where they have always lived, then you must try to find a good nursing home in their community.

3. Change in levels of care and medication management. If the health of your loved ones declines or improves, will they be able to stay in the facility? You need to know this now, so that any moving later on can be avoided. Does the nursing home manage medications or is it considered an additional service? Most skilled nursing homes include this service, but some do not, so be sure to ask.

4. Programs, activities and ways to engage the residents. Knowing that loneliness and isolation are a leading cause of death for Older Americans, it is crucial that the facility offers opportunities for your loved ones to be active and engaged.

5. Communication plan. How does the facility communicate with the families of their residents? Does the facility report to one designated family member about the needs of the resident? Will the facility talk with multiple family members, as well as the agent(s) under the durable powers of attorney of your loved ones? Communication is vital and you need to know the facility’s plan.

6. Online connection plan. Will you be able to connect online with your loved one? Will you and your loved ones be able to use FaceTime, Skype, Messenger, or other methods of online communication? Be sure to see if the facility has a plan to ensure you can connect with your loved ones once they become residents.

7. Licensed by the state. Be sure to look into the facility’s licensing. Is it up-to-date? Have there been any problems? How were challenges addressed?

8. Disaster management and updates on Covid-19. All nursing homes you visit should have a plan for how it will manage disasters. Disasters can range from viruses to natural disasters to power outages, and in Florida, to hurricanes. You need to discuss what to expect and the facility’s plan for handling these issues before signing the contract.

9. Take a tour, read reviews and ask for opinions. Before visiting the nursing home read any reviews you can find online. Once you are onsite, if possible, ask residents their opinions. Get the opinions of family and friends about the facility. Be sure to schedule a tour, but also consider an unscheduled tour so that you can evaluate the facility without it having time to prepare for your arrival.

10. Staff, turnover, and health care provider permissions. Find out about the people working in the facility. Do they seem happy? Caring? Busy? Is there frequent staff turnover? Also, find out if your loved ones’ current health care provider will be able to enter into the facility to treat your loved ones.

These 10 points are just the beginning of the research you will want to finish before placing your loved ones in a long-term care facility. We encourage you to discuss your potential choices, as well as your goals, with your Florida elder law attorney. Your attorney can help guide you in this critical decision so your loved ones can find and access good long-term care.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Can You Afford a Nursing Home If Your Loved One Has Parkinson’s Disease?

Have you and your family recently learned that a loved one has received a diagnosis of Parkinson’s disease? Has your loved one learned that his or her ability to walk, bathe, and dress may become increasingly impaired? In addition, your loved one may face an increased risk of falls. In the future, as the Parkinson’s progresses you, your loved one and your family may be faced with the difficult decision of placing your loved one in a nursing home. With the decision to place a loved one in a nursing home, the question will be how to afford the exorbitant cost of the nursing home.

As you, your loved one and your family determine how to pay for a nursing home, find out if your loved one is in possession of any type of benefits which may cover the cost of a nursing home. For example: a long-term care insurance policy, life insurance policies, which can be cashed out, or veteran’s benefits. If your loved one does have one or more of these benefits be sure to gather copies of all the supporting documents of these policies, which may include copies of insurance policies or proof of veteran’s benefits. Having this conversation now about nursing home coverage with your loved one and family can help guarantee you have the required proof of coverage should your loved one’s mental capacity decline.

An excellent next step may be to meet with a qualified Florida elder law attorney. In addition to determining the existence of benefits, you, your loved one and family can meet with an elder law attorney to find the most reliable ways of determining how to afford a nursing home when the time comes. An elder law attorney, who is experienced in the area of long-term care planning, can assist with the review of any benefits you believe may cover the cost of a nursing home. Be aware that Medicare does not cover the cost of long-term nursing home stays, but state Medicaid does. Because Medicaid eligibility is based upon your loved one’s assets, a qualified elder law attorney may assist in the drafting of planning documents, such as a trust, which may make your loved one Medicaid eligible. Medicaid planning is best conducted early in your loved one’s diagnosis because there are time limits on the transfer of assets which may affect Medicaid eligibility.

We are very aware that a diagnosis of Parkinson’s disease can be very stressful to your loved one and family and we know there may be many other issues to navigate. By working with an estate planning and elder law attorney as soon as diagnosis is made may be the best strategy of helping to assure your loved one will be able to afford a nursing home, when the time comes. We know you and your family will want the peace of mind that your loved one will receive the care he or she deserves as the disease progresses, so that all of you can focus on sharing quality time in the present and in the future.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Do You Know the Pros and Cons of Planning for Medicaid Early in Florida?

Are you a senior living in Florida and enjoying your golden years? That is good, but are you also considering your future? Have you started planning for any long-term care needs you may have in the future? Right now would be a good time to begin to investigate how you could pay for your care if you were to need it in the future. Let us discuss more about planning for long term care in the Sunshine State.

Are you planning for Medicare coverage as an option for long-term care? Unfortunately, even though you use Medicare for your health insurance, it will not cover much in the way of long-term care, whether in a nursing home or in your own home. Although Medicare is what most senior citizens use for health insurance, it has an extremely limited nursing home benefit, covering only up to 100 days of care and only in some circumstances. It is not a reliable source of coverage if you end up needing real long-term care.

Are you wondering what other options for long-term care are available for seniors? Some seniors may rely on family members to help as they get older. There may be an adult child or another relative who can come to the senior’s home regularly or the senior may be able to move in with them. We are, however, living longer these days, and with different generations living in different parts of the country, in-person consistent help from family might not be something you can rely on. This may be particularly true if your children are raising their own children at the same time you need the most help.

If you have no other options, you might be wondering what to do next. A Florida elder law attorney is an excellent next step. Make an appointment and consult with a Florida elder law attorney who specializes in Medicaid planning to find out whether you qualify for Medicaid or how you can plan to qualify for Medicaid when the need for long-term care arises. Qualification depends on your income and assets at the time of your application for coverage. The sooner you meet with a Medicaid attorney, the better the attorney may be able to help you plan for the future. If you are able to qualify for coverage, Medicaid will cover all nursing home costs you may need in the future.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Tips for Aging Children to Help Keep Florida Seniors Safe from Sweetheart Scams

Are you familiar with romance scams or sweetheart scams that seem more prevalent during the month of February and threaten Florida seniors? Are you a senior adult or have senior adult parents? Are you aware that scammers and cyber criminals often target senior citizens? Online senior scams have risen and continue to be extremely dangerous.

The question needs to be asked, why are senior adults more likely to be victims of a scam? We need to look at several different factors. First, aging seniors are believed to be more vulnerable. Secondly, they are known to often have large amounts of money in accessible accounts and be very trusting and easily manipulated. Thirdly, with the advent and use of the internet by senior adults, cyber criminals find it easier to target them and fool them. To make matters worse, scammers tend to target seniors when they are most vulnerable. During Valentine’s Day romance scams are prevalent and this shows us just how much aging adults, suffering from loneliness and social isolation, are at an elevated risk.

Are you a senior and wondering how you can protect yourself? Do you have a senior loved one in your family that you are concerned about? We would like to share eight tips you may use to avoid a “lonely heart” senior scam.

1. Be cautious when someone you do not know contacts you online. The person you see or you are communicating with may not be who you are really dealing with. Online cyber criminals are looking for older victims to begin a romance scam using social media, online dating or friendship websites.

2. Remember this golden rule: Seniors should always be suspicious whenever someone online attempts to gain their trust and affection if they have not met in-person.

3. Senior adults should never provide their personal information or send money to someone they have met only on the internet. Do not let anyone convince you to do so via social media, email or any other online forum.

4. If you meet someone on social media, like Facebook, and this person wants to quickly move to a private form of communication such as text or email, immediately become suspicious and do not agree.

5. You should absolutely never send intimate photos or videos of yourself. Scammers can use them to try to blackmail or embarrass you.

6. If you do plan to meet someone in person that you met online, be safe and bring someone with you and meet the person in a public place. Also, let your family, friends and caregiver know of your intentions.

7. If the person you met online addresses you by the wrong name, it may be a red flag that something is wrong. Scammers often work on several victims at once.

8. Be sure to tell family, friends, caregivers and neighbors immediately about your online experience if you think you are in contact with a potential scammer. Do not let embarrassment get in the way of protecting yourself.

9. Do you think you have fallen victim to a Valentine’s Day romance scam? It is never too late to call the police and your appropriate financial institution, let them know what happened so they may get involved and protect you.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Tips for Creating a Loving Legacy for Your Children This Valentine’s Day

Do you enjoy giving your adult children gifts on Valentine’s Day? Most of us do. This year, though, are you trying to look for a gift that will show them how much you love them and care about their future?

A gift that will show your love and concern for their future can be accomplished in many ways. As we move forward through the month of February and beyond, we would like to share a few ways that you can plan to protect your family and create a loving legacy that will provide for them in the future, especially this Valentine’s Day.

1. Put a plan in place to protect your legacy from long-term care costs. The cost of long-term care for Older Americans is expected to rise. It is, therefore, important that you be prepared now to afford the long-term care that you may need in the future. This is critical so that your spouse and children are not left struggling to find answers or to have to pay the long-term care costs. Floridians must realize that the failure to plan can cost them their goals for the legacy they create for their children.

We encourage you to develop the planning needed with your loved ones and discuss shared goals for long-term care. A vital next step in the development of your plan is to meet and speak to an experienced estate planning attorney. Most estate planning attorneys are also knowledgeable about elder law issues, and will understand your goals and needs and can help you prepare the appropriate planning documents.

2. Planning to retire soon? You can still start right now to leave a legacy for your children. As you consider the legacy you want to leave behind, find out whether retirement will impact your legacy and also how your long-term care plan could be affected.

Retirement can bring you and your loved ones many changes. Creating an estate plan is one of the best ways to ensure that your children have a clear understanding of how you want to use your retirement savings, as well as how you want it to provide for them and their families in the future. This is the way you can begin to create your legacy, which is how you will both protect yourself and your family’s future. Plan now, not later, to create a legacy for your children so that they are protected in the event something happens to you.

3. By creating your planning documents early you can define your legacy and discuss it with your loved ones. Do you want to ensure your loved ones are well taken care of in the event of your passing or sudden incapacity? Create an estate plan! In addition, it is a way to prepare for your own care as you get older. With your estate plan your family will know the legacy that you have created.

We urge you to not be like so many others and put off this type of planning until it is too late. Be very aware that without the ability to make decisions, you cannot be involved in any planning for yourself or create your own documents. By choosing to not move forward with your planning you may leave your family vulnerable in a crisis. Further, it is not enough to simply make your estate plans, your planning needs to be discussed with your loved ones. This will give them the peace to know that you have an estate plan and now they know what you want for the future.

These are just a few of the ways you can plan to protect your family and make the plans you need to provide for them when you are gone. As we reflect on Valentine’s Day and show those in your life the ways you love them, now is the time to get started. Preparation is key to successful planning and to help you accomplish your goals. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Helping Our Family Caregivers During National Family Caregiver Month

Did you know that November is National Family Caregivers Month? Do you know what family caregivers do? Are you a family caregiver or know someone who is? Family caregivers are unsung heroes, working tirelessly to help elderly or disabled family members. Many family caregivers are juggling their caregiving responsibilities alongside paid work outside the home and caring for their own children. As we celebrate family caregivers this month let us share several ways you can take time to honor family caregivers.

One way to honor your family caregiver would be to think about giving your family caregiver an afternoon off once a week. Perhaps you and other family members could volunteer to give a family caregiver an afternoon off by stepping in to take over the caregiving responsibilities. If you or other members of your family are unable to cover one afternoon a week a professional caregiver could be hired. It can mean a lot to family caregivers to know they do not have to shoulder the caregiving responsibility alone.

In addition, other family members should be aware of what responsibilities a family caregiver has at home and at work. Family members could offer to pick up the caregiver’s kids after school, provide a meal once a week or take the kids out to the park or to a movie. These offers of help let the family caregiver know that the rest of the family understands the overwhelming responsibility of caring for a family member while maintaining a full time job and taking care of kids.

Finally, just as parents take care of their children and make sure their kids are safe, clean, fed and well rested, even if they are tired, hungry or need a shower, the same goes for the family caregiver. The family caregiver is first tasked with keeping his or her elderly or disabled family member clean, fed, well rested and living in a clean and healthy home, no matter how the caregiver feels. Just as parents must work to keep well rested and healthy, so must the family caregiver. To help a caregiver stay healthy, encourage them to take care of themselves by eating right, getting a good night sleep and exercising.

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

What Are The Differences Between A Skilled Nursing Home And An Assisted Living Facility?

Have you or a senior loved one reached the point where it may no longer be safe or appropriate to live at home without assistance? If so, you may be considering moving into a skilled nursing home or an assisted living facility and find yourself wondering what is the difference between the two? Although both facilities offer medical care and assistance with activities of daily living, there are a few essential differences that are important to understand.

First, an assisted living facility may be more of a residential setting and a skilled nursing home may be more of a clinical setting. The difference in settings may be due to the fact that those in a skilled nursing home typically require constant medical care and attention.

Another key difference can be the amount of independence afforded by the facilities. Those in an assisted living facility may be able to live a bit more independently and, thus, are given the opportunity to cook their own meals and participate in a wide range of social and recreational activities. In a skilled nursing facility, residents do not have access to their own kitchen for meal preparation and all meals are instead prepared by the staff. While nursing home residents are given the opportunity to socialize and participate in activities, they are often more limited based on the physical health and condition of the residents.

Finally, nursing home and assisted living facilities differ in cost and insurance coverage. According to the American Health Care Association and the National Center for Assisted Living, the cost of a skilled nursing home is nearly double the cost of an assisted living community and can amount to over $100,000.00 annually for a private room. Paying for either senior care option can impose an enormous financial burden on seniors and their families. Medicare will not pay for assisted living costs and full Medicaid benefits might not be available. You should start investigating your coverage options as soon as possible. Fortunately, an elder law attorney will be able to analyze your financial circumstances and medical needs and help you come up with a plan to pay for whatever care option is right for you.

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

5 Tips For Caring For Aging Seniors During National Elder Law Month

Did you know that May is both National Elder Law Month and Older Americans Month? It is a month in which we celebrate our seniors and those who assist seniors in navigating their planning needs. Caring for your senior loved one can be stressful and difficult at times, but also very rewarding. Let us take a look at five tips to employ when you are caring for your aging senior to make your life, and his or her life, a little bit easier:

1. Be organized. When caring for your senior loved one you may find the amount of assistance that is actually needed, overwhelming. In addition to ensuring that your loved one’s medical needs are attended to by the appropriate healthcare professionals, you may also need to provide your loved one with assistance in regular daily tasks like getting dressed, eating meals, and taking medication. Creating schedules and to-do lists can help you make sure you are able to keep everything on track

2. Be patient and flexible. The needs of your loved one, and his or her condition, may be ever changing and it can be important to help ensure that he or she understands that you are there to provide support, no matter what. 

3. Be consistent. Keeping bedtime, mealtimes, activities, and social events as consistent as possible can provide structure and help you and your senior loved one create expectations for each day.

4. Share caregiving responsibility. If all of the caregiving falls on your shoulders, you may burn out quickly. If possible, share the caregiving responsibilities with relatives or friends so that you are not solely responsible for all tasks.

5. Seek the advice of an elder law attorney.  You should also contact an elder law attorney to discuss how to best plan for your senior loved one’s long-term care. Care for our seniors can be very expensive, but there are a variety of state and federal programs in place that may help alleviate a lot of the financial burden.

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

Three Tips on Helping a Loved One Deal with Memory Loss

Whether an Alzheimer’s diagnosis or just the memory loss that can come with aging, watching a loved one struggle to recall important events or little daily details can be painful. It can be important, however, to keep your expectations realistic and assist them where you can. Do you have a loved one dealing with memory loss? Let us discuss three tips on how you can help.

1. Offer Help Where You Can. Your loved one may be too proud to ask for help or refuse it when you offer. Still, it can be important to keep trying. You may not need to micromanage everyday life. You can and should make sure your loved one remembers important doctor’s appointments and major holidays and events that he or she needs time to prepare for. If it feels like you are always the person reminding your loved one and he or she expresses frustration with the dynamic, you can ask other relatives to step in and assist as well so that it eases any tension that can build up in a caregiver relationship.

2. Make Time to Grieve. You may be disappointed when your loved one forgets things that are meaningful to you. Remember that your loved one may likely also be forgetting things that are important to him or her, and to other children or grandchildren. It is okay to be upset when this happens. It can also be important to make time to grieve the loss of the type of relationship you had with your loved one before memory loss. You can still have a fulfilling relationship now, but it may not be the same. 

3. Assist with Estate Planning. Before your loved one experiences memory loss to the point that he or she is unable to make major decisions, check in about his or her estate planning. Make sure existing documents are updated and start from scratch where essential documents do not yet exist. If you wait to do this, it might be too late, if your loved one gets to the point where he or she is not able to fully understand his or her legal and medical affairs. 

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

No Time To Waste: Why Your Aging Parent Needs A Power Of Attorney Now

Have you talked to your parent about incapacity planning? Although talking with your aging parent about planning for his or her potential incapacity is never an easy task, it can be critical to have these difficult conversations to help ensure that your parent may be protected. A power of attorney can be an essential legal document because it can allow someone to put in place a plan for managing his or her affairs in the event he or she is unable to do so due to something such as incapacitation.  

An example of such a circumstance that may benefit from a power of attorney being in place could be a tragic car accident where a person suffers injuries that impact his or her ability to make sound decisions. Alternatively, a common concern as our parents get older, a senior may begin to suffer from dementia or Alzheimer’s. With a power of attorney in place, you can help ensure that your aging parent’s wishes are carried out in accordance with his or her plan if your parent is ever in the position where he or she is unable to manage affairs.

In the power of attorney document, your parent will identify one or more persons to act as his or her agent in the event of incapacity. The power of attorney document outlines the specific powers and authority that the agent has and it can be crafted based on your parent’s wishes. The agent acting pursuant to the power of attorney is a fiduciary to your parent so the agent must act only in your parent’s best interest. It may be important to note that putting a durable power of attorney in place can be important for incapacity planning. The durability feature means that the power granted under the power of attorney survives incapacitation of the principal, your parent.  

If your aging parent does not have a power of attorney in place, then you may need to enlist the help of an experienced estate planning attorney to put one in place for your parent now. As with all estate planning, many people may think that there is no need to rush. A power of attorney, however, can be critical because, in many states, including Florida, if you feel that your parent is unable to manage his or her own affairs, you may need to have your parent placed under guardianship if there is no power of attorney in place. This may mean a court will have to determine whether your parent is in fact incapacitated and unable to act on his or her own behalf. The court may need to hear from a doctor or witnesses to make this decision.  Once your parent is deemed incapacitated, the court next decides who manages his or her affairs and how to do so. The power of attorney can eliminate the need for court intervention and give your parent the ability to control who acts as his or her agent. 

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.