Tag: florida elder law

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.

How to Start Important Conversations About Medical Care with Aging Loved Ones

Are you the adult child of aging parents? Do you know if your loved ones have a current estate plan in place? Have you had any conversations with your aging parents about planning for their future? If you are uncertain of the plans of your aging parents it is important for you to know what they would want in the event of a sudden crisis or incapacity. We encourage you to set aside time, as soon as possible, to have conversations with your aging loved ones about their personal preferences for medical and long-term care.

Are you having a difficult time starting the conversation with your parents about their plans for their future healthcare? You could begin your conversation with these questions.

• Do you have someone you trust to make medical decisions on your behalf?
• Do you have someone you absolutely DO NOT want to make decisions for you?
• Do you want to use feeding tubes, life support, and other artificial life-saving devices?
• Is there any type of medical care you would NEVER want?
• If you were permanently disabled or incapacitated, what would help or take away from your “quality of life?”
• If you had a choice, would you prefer skilled nursing home care or in-home healthcare?
• If co-pays become excessive or insurance does not cover your treatment how would you want your family to pay for your care?

As your aging loved ones make their choices, they must be sure to document all of their decisions and choices in their estate plan.  Your parents should make an appointment to meet with an experienced and qualified Florida estate planning attorney as soon as possible. Their estate planning attorney will be able to offer advice and assistance as they choose a healthcare decision maker.

Do you have questions? 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.

Three Tips to Prevent Your Parents Losing a Lifetime of Savings to Long-Term Care

Have you been able to provide the necessary care on your own for your aging parents and now it is not enough anymore? Are you facing the difficult decision to place your aging parents into a nursing home? Are you concerned about the cost of nursing home care and trying to help your parents protect a lifetime of savings from being completely used up by the cost of care?

Because May is both National Elder Law Month and National Older Americans Month, this is an important time of year to ensure our aging loved ones have the support they need. Let us discuss three tips to prevent your aging parents from losing their life savings to a nursing home.

1. Early Planning. The most important thing your parents can do to preserve their life savings is to start planning for the future before those plans need to be put into effect. Meet now with a Florida qualified elder law attorney to engage in long-term care planning, this planning can be critical.

2. Know the Difference Between Medicare and Medicaid. Your parents may be hoping that Medicare will help with nursing home costs, but they probably should not. Typically Medicare only covers 100 days of nursing home care. If your parents qualify for Medicaid, then the Florida Medicaid program will take over when Medicare benefits are no longer enough. Medicaid will cover nursing home costs for qualified individuals for as long as they need it. But there is a catch! Medicaid rules require your parents to spend down most of their life savings prior to qualifying for the program. Medicaid also has a look back period of 5 years. Medicaid will see what your parents held in assets, and what their income and expenses were during this time period.

3. Stay 5 Years Ahead in Planning. By working with a Florida qualified elder law attorney, she can help your parents plan around this 5-year “lookback” rule to protect the life savings of your parents. Your attorney may advise that the best way to do this may be to ensure that the assets of your parents are transferred out of their estate prior to the 60 months before they need nursing home care. Since the need for this care may be on the horizon, it may be best to start planning early. Your attorney can work with you to figure out the best approach.

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.