Articles Posted in Elder Law

AdobeStock_79789853-300x199While the American Healthcare Act or ACA (also known as Obamacare) has so far escaped the repeal-and-replace hatchet, the debate over how to restructure healthcare in this country is far from over.

One of the most controversial elements of that debate is Medicaid. Despite the broad news coverage on this topic, there is still a great deal of misunderstanding about what Medicaid is, who uses it, and how it’s spent.

Not just for the unemployed and the poor

AdobeStock_51794626-300x196No one should ever have to pretend to be someone they’re not.

This is especially true later in life when a person has, by dint of having years’ worth of life experience, earned the right to live authentically, without fear of judgment or discrimination.

Tragically, however, denying their truth and hiding behind lies is exactly what many senior LGBT people must do to receive quality care in elder care facilities.  Similarly, they are struggling to navigate legal and financial issues related to medical care, insurance, health proxy designations, and inheritance.

 

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We are free-wheeling and in control of our lives. We want to keep moving the ball down the field. We like to solve a problem and then move on to the next.

But our command and control attitude toward decision-making often comes into conflict with our loved one’s way of looking at things. We cajole, we coax, we coerce, but the more we press, the greater the resistance.

Consider some of the typical issues we think of as critical to our loved one’s safety and well-being: Continue reading

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Helping Families See Eye to Eye

What happens when family members find themselves at an impasse over a decision about how to care for an aging parent or a loved one with disabilities? Or manage that person’s financial assets?

How can you move forward when it seems as if you’ve exhausted all avenues of communication, but everyone is still divided?

Complex and emotionally charged family relationships can become strained during times of stress or crisis, making even the simplest conversations impossible. Our experience helping hundreds of families navigating complicated decisions has shown us time and again that most families can benefit from having an impartial third party facilitate family conversations.

For this reason, we are pleased to announce the addition of Amy Sereday, a Family Meeting Facilitator, to the CzepigaDalyPope staff. Amy, who will Continue reading

AdobeStock_100981959-300x200By Lara Schneider Bomzer

Governor Malloy has revealed his new budget plan to reduce a deficit close to $1.7 billion.  The plan includes cuts designed to freeze the number of recipients of who may be eligible for the “Category 2” Connecticut Home Care Program for the Elders.  These are recipients who need care at home, but whose asset levels exceed Medicaid eligibility requirements.

Under the Governor’s plan, the current 2,500 slots would be frozen by June 30th.  If anyone were to leave the program after that, then a new person could enroll. Continue reading

AdobeStock_100520783-300x200By Brendan F. Daly

Clients frequently ask me what effect repealing the Affordable Care Act (ACA) will have on Medicaid. The answer depends on which version you read (the two leading contenders: House Speaker Paul Ryan’s plan or Health and Human Secretary Tom Price’s).

Most of the proposals have one element in common: a conversion to Medicaid block grants.

What does this mean?

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AdobeStock_97517221-300x200Connecticut’s protections against elder abuse have recently become stronger than ever. As an elder advocate, this makes me proud.

In our profession, we hear stories all the time like this one, told to me recently by a client of our firm:

My mother’s caregiver was only too happy to make trips to the local supermarket to pick up groceries anytime Mom was out of something. No milk? No problem. Running low on fruit? I’ll run right out and get some. Continue reading

 AdobeStock_86207800-300x158Note: For additional information on conservatorship, please read our introductory post, What Is a Conservatorship? and the follow up, Applying for Conservatorship in Connecticut.

Deciding to conserve a loved one is a complex and sometimes painful process. You want the best care and quality of life for the people you love, but it can be daunting to consider the intervention and support of external parties.

Because application for conservatorship requires the involvement of the court, it’s important to understand how the court evaluates your loved one’s situation and capacity as well as what means you have to appeal the decision the court makes.

grandfather-on-the-porch-519288-mMany people believe that assisted living in Connecticut is out of reach for the average older adult, financially speaking, especially since our state is even pricier than other nearby states. But here’s some good news: the State of Connecticut supports several assisted living programs for individuals and couples with modest means.

According to the Department of Social Services’ website: “Assisted living bridges the gap between independent living and nursing homes. Assisted living is designed for people who want to live in a community setting and who need help with activities of daily living (ADLs), but who do not need as much care as they would receive at a nursing home.”

Why does the state want to help you stay out of a nursing home? Continue reading

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 Note: For introductory information on conservatorship, please read our initial post, What Is a Conservatorship?

While all of us wish that our loved ones might remain indefinitely self-sufficient and be able to live their lives with dignity, many of us will face the difficult situation of a loved one who is no longer able to care for his or herself.

The cause of such incapacity may be an illness or accident. It might be dementia or simply the decline of old age. You may find, one day, that your loved one is inconsistent about physical hygiene, unable to manage household finances, or making unwise decisions. If you see such signs, you may need to carefully consider the option of conservatorship.

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