Assisted Living Regulations
Assisted living facilities are licensed by the state and must follow state regulations set forth in the Florida Administrative Code. In general, residents of an assisted living facility should initially be able to perform their activities of daily living; however,...
Hurricane Season
After a quiet June and July, the tropics are starting to become more active. Forecasts call for a LESS active hurricane season this year, due in part to El Nino in the Pacific. However, it is always a good idea to check your hurricane preparedness at this time of the...
Are You Facing Termination of Hospice Benefits?
The local Hospice providers are facing a crisis. Since the inception of Hospice in 1983 Medicare regulations have included a cap limiting the average annual payment per patient a hospice can receive. If the average payment exceeds the cap amount, the hospice provider...
Guardianship is Necessary in Certain Situations
Guardianship is a protective legal proceeding for incapacitated persons who are unable to manage their own affairs. Through the process of guardianship certain or all of an individual's rights are removed. The law provides extensive procedural safeguards to insure...
Topics to Discuss with your Health Care Surrogate
It is important to discuss your beliefs and wishes with your health care surrogate. When instructing your health care surrogates about your wishes in the event you become incapacitated and they need to make health care decisions, you should consider the following...
Care Plan Meetings
By Barbara A. Miller, R.N. What is a care plan meeting? When an individual is admitted to a skilled nursing home, the staff has regularly scheduled meetings (within fourteen days of admission and then quarterly) regarding the care and progress of a patient. Who...
Liability of an Agent Using a Durable Power of Attorney
Last week, I began to answer a reader’s question about the liability of a person acting under the authority of a durable power of attorney. Specifically, the reader was concerned about the liability of the agent (also called the “attorney-in-fact”) when acting for an...
Employers of Caregivers
A recent study by Met Life estimated that employees having caregiving responsibilities to elder family members cost U.S. employers approximately $13.4 billion per year. The study cites a number of factors contributing to this cost: • employees providing eldercare were...
Importance of Considering All Aspects of a Client’s Situation
All aspects of a client's situation must be considered. I had a meeting with two brothers whose father was suffering from a long term chronic condition. Their mother had been his sole caregiver for about five years and she had just passed away. Her husband was...
Avoiding Scams
In my work as an elder law attorney, I have heard of many situations of vulnerable elders falling prey to scam artists. Vulnerable elders and their families need to be aware of techniques that scam artists use to gain information. One scheme that the scam artists use...
Legal Implications of the Type of Dementia Diagnosed
A diagnosis of dementia should trigger family action on a number of fronts. First and foremost, medical evaluation and testing should be initiated to rule out reversible causes. Even if no reversible causes are found, early treatment may prolong cognitive functioning....
Caregiver Risks
Caring for an elderly person with dementia can be very taxing. Often family members undertake the role of caregiver gradually, without a realization of how difficult the task can become. However, those providing care need to understand that by undertaking the role,...
Respite Care
Providing care is a tremendous responsibility that family members often undertake. Family caregivers must find ways to take breaks from their caregiving responsibilities. No one can continue to expend all available energy giving to someone else, without...
Standards for a Health Care Surrogate to Make Decisions
We recommend that our clients consider who they would want to be health care surrogate for them in the event that they are not able to make health care decisions for themselves. Once they have made the decision, it is documented in an Advance Directive for Healthcare...
Do Not Resuscitate Orders
Do Not Resuscitate Orders also known as DNROs are important to consider in long term care planning. Clients often request “DNRO”s when doing estate planning. A “Do Not Resuscitate Order” in Florida must be on a Department of Health Form, (DH 1896) and must be signed...
The Expanded Role of the Elder Law Attorney
Elder law attorneys have long played the role of helping clients pay for nursing home care through the use of the Medicaid program. While this is important work, particularly when spouses are concerned about becoming impoverished by the health care needs of the sick...
Navigating the Long Term Care Maze
Dear Jill: My aging parents moved to an assisted living facility in Naples two and a half years ago. When they first entered the facility, both were very independent and the cost for the facility was approximately $3,500 per month for the two of them. At that time,...
Home for the Holiday
The annual trek to the family homestead for the holiday can bring more stress than joy for adults with elderly, disabled or chronically-ill parents. Mom’s chronic condition is getting worse. Dad can barely take care of himself, let alone manage mom’s needs. The bills...
When Should a Senior Stop Driving?
We often speak with families who are concerned about the driving ability of their elderly loved ones. Giving up driving it very difficult because it can signal a great loss of independence. However, a senior need not lose all independence, just because he gives up...
Planning for Potential Incapacity
Have you considered what would happen if an elder in your family had a medical problem which prohibited the elder from being able to make decisions? Do you know if appropriate documents are in place that would empower another person to make decisions? Do you know...
When is Guardianship Necessary
Guardianship is a protective legal proceeding for incapacitated persons who are unable to manage their own affairs. Through the process of guardianship, certain or all of an individual's rights are removed. The law provides extensive procedural safeguards to insure...
When to See an Elder Law Attorney
People often think about speaking with an Elder Law attorney when an older person faces the high cost of nursing home care. Many times people wait even longer...after they have paid most of their nest-egg on care and realize that in a few short months they will have...
Truth and Dementia
Families are often paralyzed when they become aware that a family member is suffering from dementia. But for a number of reasons families must help the loved one take appropriate action as soon as they become aware of the problem. First, it is critical that...
Planning at the Time of a Dementia Diagnosis
Most patients and their family members are not entirely surprised when a diagnosis of dementia is made by a physician. The patient and the family member have probably been noticing subtle changes for some time. However, when these suspicions are confirmed by a...