Articles Posted in Elder Law

AdobeStock_141959265-300x200There are few planning tasks more daunting than applying for Medicaid. The process is intimidating and can quickly become overwhelming, not merely because it’s complicated but also because it opens up a Pandora’s Box of legally nuanced questions and concerns.

This is not a task anyone can afford to botch, and it’s something that you have to get right on the first try.

Because of the challenges, most people seek help navigating the Medicaid labyrinth. While there are many reputable Connecticut elder law attorneys who assist with Medicaid applications and asset protection planning, there is also a dangerous new breed of “senior planning” providers that is preying on elderly nursing home residents, often reducing them to financial ruin. 

AdobeStock_140349446-300x200By E. Jennifer Reale and Robert Fitzgerald

When appointed as a conservator for a loved one, most people focus on the care they have to provide. They are busy driving the conserved person to medical appointments, taking care of shopping, cooking, and cleaning.

But when you are a conservator in Connecticut, you also have certain statutory duties that you must be aware of. What many people do not realize is that after you are appointed as a conservator, you are effectively an agent of the Probate Court.

By Attorney Carmine Perri

Close up of eviction noticeGoing to a nursing home is hard enough, imagine being evicted? Good news. There are laws in place to prevent that from happening.

Within a nursing home, just like any other place you call home, you are entitled to certain rights. These rights include not being able to be evicted for any reason beyond the six listed in the United States’ Code:

  1. The discharge is necessary for the resident’s welfare and his or her needs cannot be met in the facility.
  2. The resident’s health has improved and no longer needs the facility’s services.
  3. The resident is endangering the safety of others.
  4. The resident is endangering the health of others.
  5. The resident has failed to pay for (or to have paid under Medicare or Medicaid) a stay at the facility.
  6. The facility ceases to operate.

Continue reading

iStock_000023479361SmallEveryone yearns for time to relax and refresh during the summer months – especially sun-starved New Englanders. But if you’re a family caregiver, a ‘carefree’ vacation may be hard to come by.

–      If you leave town, who will take your place?

–      If you bring your loved one with you, will your vacation venue be equipped for their special needs?

There’s a lot to think about. But with good planning, you can take a breather from caregiving and give yourself a well-deserved break.

Here are some helpful suggestions: Continue reading

AdobeStock_158377229-300x200No one looks forward to applying for Medicaid. It’s a complex and grueling process, the rules are always changing, and there are so many things that can go wrong.

Unfortunately, as is often the case, there are companies that are only too willing to take advantage of this situation. These companies claim to be able to process your Medicaid application at a low cost.  But these non-attorneys may cause their customers great harm – putting Medicaid applicants at risk for a number of serious issues including denial of eligibility, severe tax liability, loss of spousal assets and other situations that may threaten the client’s life savings and other assets.

Often it is the nursing home that refers Medicaid applicants to these companies, so there is the very real possibility of a conflict of interest.


AdobeStock_86244892-300x237By Lynda Lee Arnold

Do you know about the new Connecticut MOLST form?

Maintaining control over medical care can be challenging in the best circumstances, but we face even more layers of complexity when dealing with the physical and emotional challenges of serious, life-limiting illness or advanced progressive frailty.

Angels-300x214By Carol Frances, Czepiga Daly Pope & Perri

Hospice care is misunderstood. I want to spread the news to all caregivers of loved ones with dementia, that this support system (provided, in my opinion, by angels) may not be what you assume.

When my mom fell at the dementia unit of a California assisted living facility, her physician ordered hospice care. I was confused why she did this as although my mom was certainly declining – she needed help being fed, which is not uncommon for people with advancing dementia – she wasn’t near dying and could still talk and walk.

AdobeStock_37660525-300x269Last month the Connecticut Supreme Court handed down a favorable decision in a case argued by attorney Carmine Perri of Czepiga Daly Pope & Perri.

Why this matters

For married couples who intend to apply for Medicaid for one of the spouses, it is now possible to protect as much of the ill spouse’s income as is necessary for the healthy spouse to remain safely in the community , even if it exceeds the Medicaid cap.

AdobeStock_33109325-300x200This is the final installment of our 3-part series on becoming your parent’s healthcare advocate. In the first part, Being a Healthcare Advocate: How to Get Started, we learned how to lay the groundwork for a smooth transition. In part two, Being a Healthcare Advocate: 9 Important Tips, we tackled how to manage documentation and record keeping. In this final piece, we address best practices for working effectively with healthcare professionals.

The first time you attend a doctor’s appointment as your parent’s healthcare advocate, you might feel a little awkward. That’s natural. You’re kind of like a third wheel, stepping into what was previously a very private and intimate conversation.

To prepare for this, it’s helpful to establish preferences and expectations with your parent up front. Does your parent want to take the lead and just have you present as an extra set of eyes and ears, or will you be taking a more active role in communicating with the doctor. Talk with your parent in advance so you are both on the same page with your game plan.

Helpful-tips-300x199This is the second installment in our three-part series on becoming your parent’s healthcare advocate. In the first part, Being Your Parent’s Healthcare Advocate: How to Get Started, we learned how to lay the groundwork for a smooth transition. In part two, we tackle how to manage documentation and record keeping. In part 3, we explore how to Best Engage with Healthcare Professionals.

As you embark on your journey as a healthcare advocate for a loved one, you’ll want to make sure you’ve got as much information at your fingertips as possible.

Emergency can strike at any time, and you want to be prepared; but even simple routine care can require a high level of organization and knowledge. It’s best if you give yourself time (by starting early) to pull all the information together. Don’t wait until something happens.

Members of: