When you are facing issues with elderly parents, it can be important to have the benefit of an attorney that can offer you experience when it comes to dealing with the unique problems that the elderly and their families must face. Unfortunately, finding an attorney that is experienced in this area of law may not be so simple, especially if you are pressed for time. One place that you can begin your search for an elder law attorney is through the National Academy of Elder Law Attorneys (NAELA). … [Read more...] about Tips for Finding an Attorney With Experience in Elder Law
Filing for guardianship over a parent is a serious matter. In most cases, a court will not appoint a guardian unless the person is mentally incapacitated in some way that places them in danger. For example, if mom is spending all of her money on scams and there doesn’t seem to be any way to stop her, you might then consider a guardianship. If dad is found wandering around in town and placed in the psychiatric ward of your local hospital, you may need to file for guardianship. Aside from these … [Read more...] about When it is Appropriate to File for Guardianship
If you want to make accurate projections as you are planning for the latter portion of your life, you must stay abreast of relevant cost trending. With this in mind, we would like to take a look at the results of the 2010 MetLife Mature Market Institute survey that puts the topic of long-term care costs under the microscope. The average annual charge for a year-long residence for a private room in a nursing home, in the United States in 2010, was over $83,500. This is a 4.6% increase over the … [Read more...] about Long-Term Care Costs Raising Eyebrows
Guardianships may enter the lives of senior citizens who, due to health, senility or dementia issues, may no longer be able to make decisions regarding their personal or financial affairs on their own. Guardianships may be necessary if the person has no legal documents in place to appoint someone to handle their affairs should they no longer be able to. But a 2006 study by AARP and the American Bar Association (ABA) Commission on Law and Aging concluded that many courts are doing a poor job of … [Read more...] about The Federal Government’s Report on Guardianship and Elder Abuse
As an elder law attorney, I address the issues that face the fastest growing segment of our population – senior citizens. One issue that comes up time and time again, not only in elder law issues, but with estate planning clients, is that of long term care vs. home care options. In a recent AARP survey, over 80% of seniors stated that they prefer to stay in their homes as they age, rather than move to a long-term care facility. Families can help them do so by exploring alternatives that may … [Read more...] about Elder Law: Exploring Elder Living Options
Mickey Rooney has been in show business for over 70 years, but he has now found himself making an important appearance in February, 2011. Mr. Rooney testified in front of a special Senate committee considering legislation to curb abuses of senior citizens. Over the past several years, Mr. Rooney has become one of the growing numbers of senior citizens who are falling prey to elder abuse and exploitation. Last month, he filed suit against his stepchildren charging verbal, emotional, and … [Read more...] about Mickey Rooney Testifies on Elder Abuse
When a senior citizen moves into a nursing home, they do not check their personal rights at the door. There are very specific nursing home laws, both at the federal and state level, that protect a nursing home patient. The rights of a nursing home patient include: Dignity, respect, and freedom: Residents have the right to: be free from mental and physical abuse be free from physical and chemical restraints be treated with consideration, dignity, and respect Access to information: Residents … [Read more...] about Nursing Home Law: What are a Patient’s Rights?
Elder neglect, which is failing to fulfill a care-taking obligation, makes up more than half of all reported cases of elder abuse. Elder law differentiates elder neglect as active (intentional) or passive (unintentional). Many issues that involve nursing home neglect are normally passive neglect, often caused by staffing shortages, a lack of sufficient training and the failure to realize a patient needs more oversight than they are receiving. Frequent visits and intervention from loved ones … [Read more...] about Elder Law: The Signs of Nursing Home Neglect
Elder law is a fairly recent entry to the age-old legal profession. It covers an area of legal practice that places an emphasis on issues that affect the fastest growing segment of the population – the elderly. The issues that an elder law attorney can assist with normally fall into three inter-related categories: Quality of life; Financial issues; Health and long term care. Quality of Life Quality of life issues that an elder law attorney may address within their practice … [Read more...] about What is an Elder Law Attorney?