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Articles Posted in Elder Law

The story in this video is not uncommon. Here’s another scenario:

If there were an award for Elder Abuse Prevention, Eva Smith would be a contender. Working with an estate planning attorney, she crafted a bulletproof plan to protect herself from being financially exploited by a family member. Here’s her story:

Eva hated to admit it, but she was concerned that her daughter Karen would try to take advantage of her after her husband Bob’s death. Karen had been unable to hold any job for longer than a few months due to her alcoholism. She had tried numerous times to play on Eva’s sympathies, but Bob always made sure to keep clear boundaries. Now that he was gone, it was up to Eva.

Securing your finances

To protect herself, Eva met with an estate planning attorney. Here’s the plan she and the attorney came up with to protect Continue reading

nana-333066-mYesterday, all my troubles seemed so far away, sang Paul McCartney. Now it looks as though they’re here to stay. When a health crisis hits your family, are you prepared to meet the challenge? Expert help from a geriatric care manager can help you understand your options and map out a plan.

When life suddenly changes

In a flash, your world is turned upside down when your father has a fatal stroke. Several years ago your mother was diagnosed with dementia. Your dad had been her primary caregiver, helping her with activities of daily living such as bathing, dressing, getting to the bathroom, preparing meals and managing her medications.

Now what? Does your mother have to move to a nursing home? Do you have to quit your job to care for her? Continue reading

Complex formula

By Kathleen Michalak

“Live long and prosper” is a blessing made famous by the TV series Star Trek.

But living a long life can be a mixed blessing, when care needs increase, and finances decrease.

When assets are depleted, Medicaid is a safety net you want to look into. It often covers the cost of long-term care either in nursing homes or in the community. Continue reading

AdobeStock_140349446-300x200By E. Jennifer Reale 

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.

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