Articles Posted in Elder Law

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1393063860hda4qMore than 8,000 older adults (age 65+) were killed and more than 250,000 were injured in motor vehicle crashes in 2019.

This amounts to more than 20 older adults killed and almost 700 injured in crashes on average every day.

These harrowing statistics were published by The Centers for Disease Control.

Dreading the conversation? Not having it can have deadly consequences.

It’s one of the hardest conversations we have with aging parents who may be in denial about their poor eyesight, slower reflexes or diminished capacity. Continue reading

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dollars-1412644-mThe Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.

SSDI pays benefits to you and certain members of your family if you are “insured,” meaning Continue reading

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home-sign-300x200“Promise me you won’t ever put me in a nursing home.” Our parents would make us sign in blood if they could.

Fear of losing their independence and way of life is a tremendous concern among Connecticut seniors. And, in today’s COVID-19 environment – knowing how the virus can easily spread throughout a nursing home and to its vulnerable population – staying at home is a preferable option for many.

But if you’re like so many Connecticut residents, you may not know that there is Medicaid coverage for receiving care at home – that Medicaid benefits are not just for nursing home residents. This is great news!

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iStock_000018435449SmallIf you’re like most people, you may believe that once you’re in a nursing home, you’re there for good. Thanks to a federally funded program, Connecticut residents who have been institutionalized in a nursing home now have the option of transitioning back to the community. The program is called Money Follows the Person.

If you are a resident of a nursing home, the facility is required to ask you: “Do you want to talk with someone about the possibility of leaving this facility and returning to live and receive services in the community?”

If you answer yes, you can be referred to Money Follows the Person. You must be in a nursing home for 90 days to be eligible, but you can start the process any time before discharge. Anyone can refer you – the facility, a family member, your attorney or you. Continue reading

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AdobeStock_33109325-300x200This is the final installment of our 3-part series on becoming your parent’s healthcare advocate. In the first part, Being a Healthcare Advocate: How to Get Started, we learned how to lay the groundwork for a smooth transition. In part two, Being a Healthcare Advocate: 9 Important Tips, we tackled how to manage documentation and record keeping. In this final piece, we address best practices for working effectively with healthcare professionals.

The first time you attend a doctor’s appointment as your parent’s healthcare advocate, you might feel a little awkward. That’s natural. You’re kind of like a third wheel, stepping into what was previously a very private and intimate conversation.

To prepare for this, it’s helpful to establish preferences and expectations with your parent up front. Does your parent want to take the lead and just have you present as an extra set of eyes and ears, or will you be taking a more active role in communicating with the doctor. Talk with your parent in advance so you are both on the same page with your game plan.

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By Linda Raineault

exclamation sign red circle 3d modern design flat icon on whiteHave you heard the sales pitch?

There are annuities available that contain provisions known as “nursing home income doublers” that can help you pay for the cost of a nursing home stay.

These provisions are found in annuity contracts that guarantee the purchaser an income stream for life by way of an income rider that is attached to the base contract.

The sales pitch sounds fantastic!

Many contracts are sold based on a premium bonus feature and guaranteed high annual interest rates that sound fabulous in today’s low interest rate environment.

Additionally, the owner can elect to start taking the guaranteed income stream for life at any time after the contract is purchased. Continue reading

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Helpful-tips-300x199This is the second installment in our three-part series on becoming your parent’s healthcare advocate. In the first part, Being Your Parent’s Healthcare Advocate: How to Get Started, we learned how to lay the groundwork for a smooth transition. In part two, we tackle how to manage documentation and record keeping. In part 3, we explore how to Best Engage with Healthcare Professionals.

As you embark on your journey as a healthcare advocate for a loved one, you’ll want to make sure you’ve got as much information at your fingertips as possible.

Emergency can strike at any time, and you want to be prepared; but even simple routine care can require a high level of organization and knowledge. It’s best if you give yourself time (by starting early) to pull all the information together. Don’t wait until something happens.

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By Carmine Perri

iStock_000016746886SmallImagine yourself in this situation: As a favor, you agree to help your spouse’s parent get settled into a nursing home.

If you’re like most people, you’d be emotionally stressed and feeling a bit guilty. Not exactly the best mindset for absorbing complex information nor for making legally-binding decisions.

But that’s exactly what some nursing home admission coordinators encourage people to do when they ask them to sign an admissions agreement while they’re at the nursing home for the first time.

This often ends up being a painful mistake. If you don’t completely understand Continue reading

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iStock_000007924623SmallYou did well financially, and when the time came to move to assisted living you never considered the possibility that you might run out of money.

But you didn’t expect to live this long! And now that you need more help, it’s even more expensive to live.

What do you do?

The State of Connecticut created the Private Assisted Living Pilot Program – available for up to 125 qualifying individuals in Connecticut who have spent down their assets as a result of living in private assisted living facilities. Continue reading

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Elderly man looking out sadlyBy Carmine Perri

“Can they do that?”

“I don’t think that’s appropriate.”

“Can we do something about it?”

For some time now, I have been receiving calls from residents in long-term care facilities, and their family members, asking these types of questions.  Ultimately, interested parties want to know if there are any legal requirements imposed upon these facilities.

Oftentimes, I swivel my chair to one of the bookcases in my office and look at the two bottom rows, both of which are fully stacked with treatise, legal publications, and other relevant documents that exclusively address resident rights and responsibility party liability.

Although I certainly welcome your calls, I wanted to share with you one place that you could begin your research to determine whether you or a family member is being properly treated in a facility. Continue reading

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