Medicare News and Articles
10 potentially fatal injuries that should not happen in a nursing home or assisted living facility and what to do.
Over the 22 plus years I have been in elder law I have too often received the call from the family “Dad died last night.” He went to a nursing home after a hospitalization and they planned he would return home after a few weeks. But, it didn’t happen. It is true, seriously ill elders
Retirement Community Residents Have Contractual Rights
Interesting case from the Michigan Court of Appeals brought to our attention by attorney Jeanne Hannah (author of “Taking Charge: Good Medical Care for the Elderly and How to Get It”) about contracts in retirement communities. First the lesson then the case. The moral is retirement communities are bound by their, lengthy multi-page, contracts. The
How to get good care in a nursing home – the role of the LTC Ombudsman
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
10 Common Mistakes That Guarantee Probate
Everybody wants their children to inherit their property and have no problems after they die. And, that’s why they want to avoid probate. They hear it is always slow, complicated and expensive. While I note that description is not true, there are simple mistakes that guarantee it will be slow, complicated, expensive and many times,
Why Settle for Half a Loaf?
What is “half a loaf”? And why not keep the “whole loaf”? First off, “half a loaf” is a nursing home Medicaid spend down strategy where approximately half a person’s money can be saved. The basic idea is that half of the applicant’s money is “divested” or given away. The other half purchases a “Medicaid
How to Avoid Court Battles by Your Children After You Die
It may surprise some, but many post-death probate court battles between children begin with the parent. Perhaps the most common reason for disputes is unequal distribution of property including complete disinheritance. This may or may not be intended by the parent. A common reason for unintended inequality is trusting a child to share with the
Nursing Home Must Give Hospitalized Resident Notice of Discharge
As a follow up to our May 9th post, we report that a nursing home that intends to refuse return to a hospitalized resident, must issue an official notice of discharge. The home must also send the notice to the state office of the Long Term Care Ombudsman. This action is intended to eliminate the
Retirement Planning: It’s Not Just About the Money
A short note: I heard a program about retirement planning the other day. I won’t identify the fellows since almost all retirement planning advice carries the same assumptions and the same blinders. The authors had the usual advice about savings and investment strategies to make sure your money lasts through retirement. The implied assumption is
“20 Common Nursing Home Problems – and How To Resolve Them”
I would like to share a simply EXCELLENT guide for good care in a nursing home. It is “20 Common Nursing Home Problems – and How To Resolve Them” by one of the nations’s premiere legal advocates for nursing home residents, Eric Carlson. It is free and available through http://www.justiceinaging.org/. Being a lawyer I cannot