Articles Posted in Elder Law

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iStock_000018435449SmallIndependent Living. Assisted Living. Nursing Home. What do these terms mean? How are they different from each other? And which one is right for you? Take a look here to learn what each one is all about.

Independent Living

Maybe you’re starting to think that a little more help would make life easier. You’re still living in the two-story house you raised your kids in. Maybe your spouse is gone, or maybe not, living is just getting to be too much.

Your daughter wonders aloud if you’d be happier in a retirement community where everything is Continue reading

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 AdobeStock_86207800-300x158Note: For additional information on conservatorship, please read our introductory post, What Is a Conservatorship? and the follow up, Applying for Conservatorship in Connecticut.

Deciding to conserve a loved one is a complex and sometimes painful process. You want the best care and quality of life for the people you love, but it can be daunting to consider the intervention and support of external parties.

Because application for conservatorship requires the involvement of the court, it’s important to understand how the court evaluates your loved one’s situation and capacity as well as what means you have to appeal the decision the court makes.

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AdobeStock_141959265-300x200There are few planning tasks more daunting than applying for Medicaid. The process is intimidating and can quickly become overwhelming, not merely because it’s complicated but also because it opens up a Pandora’s Box of legally nuanced questions and concerns.

This is not a task anyone can afford to botch, and it’s something that you have to get right on the first try.

Because of the challenges, most people seek help navigating the Medicaid labyrinth. While there are many reputable Connecticut elder law attorneys who assist with Medicaid applications and asset protection planning, there is also a dangerous new breed of “senior planning” providers that is preying on elderly nursing home residents, often reducing them to financial ruin. 

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Young carer walking with the elderly woman in the park
 Note: For introductory information on conservatorship, please read our initial post, What Is a Conservatorship?

While all of us wish that our loved ones might remain indefinitely self-sufficient and be able to live their lives with dignity, many of us will face the difficult situation of a loved one who is no longer able to care for his or herself.

The cause of such incapacity may be an illness or accident. It might be dementia or simply the decline of old age. You may find, one day, that your loved one is inconsistent about physical hygiene, unable to manage household finances, or making unwise decisions. If you see such signs, you may need to carefully consider the option of conservatorship.

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Money on the table, next to a cardboard sign with Prepaid Expenses writtenAssets count when it comes to qualifying for Medicaid, but some assets related to your funeral expenses are excluded, and prepaying them is an acceptable way to spend down your assets to qualify for Medicaid, or Title XIX.

Specifically, here’s what the State of Connecticut allows:

Irrevocable Funeral Trust or Contract

You can prepay up to $10,000 for an irrevocable funeral trust, also called an irrevocable funeral contract. This covers basic service charges, funeral services, preparation of remains, vehicles, etc. Keep in mind that this type of contract cannot be canceled or cashed in. It can only be transferred to another licensed funeral home. Continue reading

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medicaid claimBy Lara Schneider-Bomzer

The Connecticut Supreme Court decision, Pikula v. Department of Social Services, established clear guidelines for determining if a trust should be considered a “supplemental needs trust” or a “general support trust.”

In general, assets held in a supplemental needs trust are considered unavailable in determining Medicaid eligibility for the trust beneficiary. Continue reading

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what-next-1-924436-mWhen we get to a certain age, we sometimes experience what is jokingly referred to as a “senior moment.” We forget a name, miss an appointment or overlook a bill.

But if forgetfulness or confusion starts to seriously interfere with daily life, it’s time seek medical help. The symptoms could point to Alzheimer’s or another form of dementia.

What are the warning signs?

How can you tell if someone in your life is more than just a little forgetful and needs a medical evaluation? The Alzheimer’s Association lists these 10 early signs and symptoms of Alzheimer’s: Continue reading

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Grunge Stempel rot PREPAIDYou have probably heard the phrase “spend down” – something you could do to reduce your assets which would help to qualify you for Medicaid.

A prepaid funeral contract is one of those items that are considered exempt. In other words, its value won’t be counted when the Department of Social Services is reviewing your total assets.

The standard amount allowed by the the state of Connecticut for a prepaid irrevocable funeral service contract is $10,000.

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By Carmine Perri

Litigator_cartoonIf you or your loved one is in a nursing home, you need to know your rights! Once you understand what they are, you can better stand up for them.

Just as you are protected in your own home by a set of laws, residents of nursing homes are protected by a Code of Federal Regulations. The “Code” ensures that residents’ right are promoted and protected.

Unfortunately, there are times when this does not happen. And when this is the case, you need to make your voice heard.

But first, you must know your rights. Take a look below at some key resident rights that are often challenged. And let us know if you think they are being violated, we can help you. Continue reading

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Wish eyes closedSo many of our clients ask this same question:

How do I find the right caregivers for my loved one?

We asked a geriatric care manager to weigh in. Here’s what she said:

“There’s a lot you need to know about hiring caregivers. You can’t always be there yourself, but trusting a stranger with your loved one can feel like playing pin the tail on the donkey.”

Way too much potential for getting it wrong.

There are plenty of horror stories in the news about unscrupulous, negligent or abusive caregivers who take advantage of frail elders.

Fortunately, there is plenty of information available to help you steer clear of trouble, whether you decide to hire your own caregivers or Continue reading

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