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A disturbing and perhaps dangerous trend has developed and is growing in threat. It is forced arbitration in senior – elder residential agreements. These used to be limited to nursing homes, but now they are being found in admission agreements for what would ordinarily be routine rental agreements in independent living senior apartments and “assisted…

There are zillions of articles on retirement saving, but one point that is always overlooked is the high cost of living as an elder. I’ve worked with clients dealing with aging issues for over 30 years. I developed a rule of thumb that goes like this. In retirement the decade of the 60’s is about…

How do you find an elder law attorney?   Many tip sheets suggest you get a free appointment and ask a lot of questions so that you can make your choice. The problem with that advice is that the best elder law attorneys do not give free appointments. They do not have time on their hands,…

I have written many times before about how the advocate for the nursing home resident-patient must know the rights of the resident.  What if the nursing home staff do not listen?  Is it “your word against theirs?”  No. Residents (under the Nursing Home Reform Law of 1987 the people in nursing homes are referred to…

Here’s a “Medicaid Don’t” for you: Do not pay cash. Many of our eldest of elders have always used cash to pay their bills. They grew up during The Great Depression when banks failed and people lost all their money.  They would go to the utility company to pay their bill by cash. They paid…

GOOD NEWS! The New York Times reports that the federal Health and Human Services Department has issued a rule that appllies to facilities that participate and Medicare and Medicaid.  It bars compulsory arbitration in nursing homes and other such facilities.  Read the article  here http://www.nytimes.com/2016/09/29/business/dealbook/arbitration-nursing-homes-elder-abuse-harassment-claims.html?ribbon-ad-idx=5&rref=business/dealbook&module=Ribbon&version=context&region=Header&action=click&contentCollection=DealBook&pgtype=article