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...