Elder Law

Ensuring your loved ones receive the care they deserve in a nursing home is a top priority. It is important to identify signs that indicate a facility’s commitment to providing excellent care. 1. Staff-to-resident ratio One vital sign of a quality nursing home is a sufficient staff-to-resident ratio. Adequate staffing ensures that each resident receives personalized attention and timely assistance. When staff members can devote time to understanding individual needs, it fosters a more supportive and responsive environment. The U.S. Department of Health and Human Resources recently proposed new minimum staffing requirements, which would require nearly 75% of nursing homes to increase their staff. 2. Clean and well-maintained facilities Cleanliness speaks volumes about the overall quality of care in a nursing home. A well-maintained facility not only promotes a healthy environment but also reflects the level of respect and dignity the staff has for the residents. Check for cleanliness in common areas, bedrooms and bathrooms. 3. Engaging activities and social interaction An essential aspect of resident well-being is engagement in meaningful activities. A good nursing home provides a range of activities tailored to residents’ interests and abilities. Look for evidence of organized events, social gatherings and recreational opportunities. Residents should have the chance to participate in activities that enhance their physical, mental and emotional well-being. 4. Transparent communication with families Effective communication between the nursing home and families is a necessity. Look for signs that the facility is transparent about residents’ care plans, health updates and any changes in their condition. Regular meetings or updates, either in person or through written communication, demonstrate a commitment to keeping families informed.  Carefully observing these signs can help you make an informed decision when selecting a nursing home for your loved ones.

Determining when an elderly parent needs a nursing home can be a challenging decision. By observing certain indicators and considering different factors, families can ensure their elderly parents receive the appropriate level of care. Declining physical health Seniors above the age of 65 make up 14.8% of the population of the state of Washington. Some may need extra care. The first and most noticeable sign is a decline in physical health. Keep an eye out for unexplained weight loss, difficulty in walking or moving around, and chronic health conditions that are challenging to manage. Cognitive impairment Memory loss, confusion, and disorientation are common signs of cognitive decline. If your elderly parent is experiencing difficulties in remembering important details or is showing signs of dementia or Alzheimer’s disease, a nursing home equipped to provide specialized care may be the best option. Safety concerns Evaluate the safety of your parent’s living environment. Falls, burns, or other accidents may indicate that the current living situation poses risks. Difficulty keeping up with household chores may also be a sign of your parent’s declining ability to live independently. Nursing homes provide a safe and secure environment, reducing the likelihood of accidents. Social isolation Loneliness and social isolation can have detrimental effects on an elderly person’s mental and emotional well-being. If your parent is increasingly withdrawn or lacks social interactions, a nursing home with a supportive community and organized activities can provide much-needed companionship. Inadequate caregiver support Assess the capabilities of primary caregivers, whether they are family members or hired professionals. If the demands of caregiving are becoming overwhelming, or if your parent’s needs surpass what caregivers can reasonably provide, a nursing home can offer the necessary level of care and support. Financial considerations Evaluate the financial aspect of caring for an elderly parent. This includes weighing the costs of in-home care, medical expenses, and necessary home modifications against the expenses associated with a nursing home. In some cases, a nursing home may provide a more cost-effective solution. With careful observation and evaluation of the situation, families can make informed decisions that prioritize the well-being and comfort of their loved ones. This decision is a testament to the love and care you have for your aging parent, ensuring they receive the best possible care in their golden years.

The safety and well-being of our loved ones, especially the elderly, is paramount. It becomes a concern when those we care about may fall victim to scams specifically targeted at their demographic. As people grow older, they sometimes become more susceptible to manipulation and fraud due to factors such as cognitive decline, isolation or unfamiliarity with new technologies. It is important to stay informed about the types of scams that typically target elders. This awareness can help prevent your loved ones from becoming victims and ensure they maintain their financial independence and quality of life. Telephone scams Telephone scams are common and often target the elderly. Scammers may pose as representatives from an official institution, like a bank or the IRS, to trick the elderly into revealing sensitive information. They might also pretend to be a family member in need of immediate financial help. Internet fraud The increasing use of the internet by elders has led to a rise in internet fraud. Scammers might send emails appearing to be from a legitimate source, requesting personal information. They can also trick elders into downloading harmful software that allows the scammer access to their personal files. Medicare and health insurance fraud Healthcare-related scams are especially prevalent. In these scams, fraudulent individuals may pose as Medicare representatives to get elders to give them their personal information. Or, they might offer unnecessary services or fake healthcare services and charge them to the victim’s insurance company. Homeowner scams In homeowner scams, scammers may offer home improvement services, insist on immediate payment and then fail to deliver on the work. In other instances, they might trick elders into signing over the deed to their home under the guise of assisting with property taxes or mortgage payments.  Protecting your loved ones from these common elder scams requires staying vigilant and taking preventive measures. Keep open lines of communication with your loved ones about their interactions and transactions. Encourage them to verify any suspicious calls or messages with you or another trusted family member before providing personal information or making any payments.

Growing older brings its own unique set of challenges. For some, these challenges could involve a struggle with tasks that once seemed simple, like managing finances or making decisions about personal care. Cognitive decline or health conditions might inhibit others’ ability to look after themselves. If these scenarios seem familiar to you in the context of your parents, it might be time to consider guardianship or conservatorship. These options are legal tools designed to assist adults who can no longer manage their own affairs. What is guardianship? In a guardianship arrangement, one person (the guardian) receives the authority to make personal decisions for another (the individual). As a guardian for your parents, you would be making decisions about their health and welfare. For example, you might have to decide where your parents will live, what medical treatments they should get, or even what their daily routines should be like, and having a guardianship in place could assist you in doing so. Bear in mind, the court will only grant guardianship if it feels that your parents truly need it, cannot manage their affairs by themselves, and there are not other alternatives available. What is a conservatorship? If you take on the role of a financial conservator for your parents, you would handle their finances, pay their bills, manage their investments, and handle other financial tasks.  You would only assume this responsibility if your parents are no longer capable of managing their own financial affairs. This inability could arise from a cognitive decline, like dementia, or simply because finances have become too complex for them to handle. Whether your parents need a guardianship, a conservatorship or both, is a decision that demands careful thought. These roles carry many responsibilities and demand serious commitment. Understand your parents’ needs and less restrictive options available thoroughly before making this decision.

As you age into the later years of your life, it may become apparent that you need daily support either in your own home or in an assisted living facility. There is no shame in turning to long-term care options, and there are even solutions to help you afford this type of care. Long-term care insurance exists to reimburse you for some or all of the costs associated with receiving care and assistance in your daily activities. When the time comes to file a claim on your long-term care insurance policy, however, certain factors might lead to the insurer denying that claim. When can a long-term care insurance claim meet denial? One common reason for claim denial might be that the provider receives insufficient documentation to prove your claim eligibility. Another possibility is that a misunderstanding arose regarding what types of care the policy covers. On rarer occasions, a denial might occur because the policy contains a prior hospitalization requirement that is not actually enforceable in the state of Washington. What can you do if an insurer denies your claim? If you experience a claim denial, your top priority is to organize your records and speak to your doctor so you have all the necessary documentation on-hand to prove your eligibility. You should also carefully review your long-term care insurance policy with help from an insurance professional to ensure that your situation is eligible for reimbursement.  There are significant costs in paying for long-term care without support from your insurance policy. If your provider wrongfully denies your claim, it may be necessary to seek help.

Adults older than 60 years of age experience neglect and exploitation at higher rates than younger adults. Elderly individuals and their caregivers must retain a reasonable level of vigilance when it comes to avoiding physical, emotional and financial abuse. Some common sense actions can limit exposure to mistreatment. Warnings to heed The Washington State Office of the Attorney General lists some actions an elderly person can take to avoid elder abuse and neglect . For those who live in a group home setting, it is important to consider the stable nature of roommates or acquaintances. If possible, individuals should avoid roommates who have violent tendencies or who abuse drugs or alcohol. Also, they should keep valuable items hidden away or locked to avoid theft from dishonest workers or from residents who have access to personal rooms. Older individuals with cognitive difficulties should take care when signing important documents. Therefore, the elderly should seek help from trustworthy relatives, friends or professionals whenever signing a critical document such as tax statements, healthcare directives, financial reports and insurance forms. Signs to recognize Caregivers for the elderly should look for signs of abuse and neglect. Victims of mistreatment often exhibit signs of anxiety and depression. They might suffer physical symptoms such as loss of weight due to worries that affect appetite. Sometimes, victims of financial abuse suddenly can no longer pay bills or buy food. This indicates that an unscrupulous party has siphoned money from an account or tricked someone into making an unsupportable donation.  Following a few best practices can help a vulnerable adult steer clear of mistreatment. Sometimes, legal action becomes necessary to correct wrongful actions.

Making the decision to take the keys away from an aging parent takes careful consideration. With dementia affecting millions of adults every year, everyone should know the warning signs that it is time to take the keys from parents. There are a few indications that safety concerns warrant taking away the keys. Taking new medications Stay informed of every medication that your parent takes. Consider side effects that may alter visual acuity, reaction time and rational thinking. If your parent receives a prescription for something that may interfere with driving abilities, be mindful and consider taking their keys. Trouble driving at night When you notice progressive challenges with nighttime driving, even if daytime driving seems okay, you should consider having a conversation about limiting driving time. Getting lost Even with GPS navigation, cognitive declines can lead to wrong turns, trouble reasoning directions and getting lost. If your parent is getting lost more frequently, discuss the safety concerns and the benefits of taking their keys. Inability to sustain safe speeds With age, cognitive performance can slow down. Sometimes, this results in discomfort with routine speeds on the roadways. If your parent is driving significantly slower than other cars on the road, struggling with lane changes and making unsafe turns, that indicates that the time has come to give up those keys.  Keeping your parents and others safe from auto accidents means stepping up and taking away their keys when necessary. Recognizing the signs of trouble can help you intervene before your parents face serious challenges.

If you have an elderly parent who is on a low income or has no job at all, the two of you have probably discussed seeking coverage from Medicaid in addition to Medicare. Since a senior could qualify for both Medicare and Medicaid, it may be of benefit to know how these programs may help your loved one. Medicare and Medicaid are different forms of government assistance, so they do not function in the same way. AARP describes what your parent might expect when receiving benefits from both of these programs. Coverage order of each program If you are wondering which program will pay the medical bills of your parent, generally people receive coverage from Medicare first. Since there are different forms of Medicare, you should be aware of what type of Medicare covers your parent. For instance, Medicare Part B offers payment for different outpatient services and visits to a doctor. Once Medicare has provided coverage, Medicaid will kick in. Generally, Medicaid will pay for copayments, deductibles and other expenses your parent would have to pay for out-of-pocket. Specific costs covered by each program Remember that Medicare and Medicaid do not always cover the same expenses. For example, Medicare can pay for rehab services if your parent gets sick or becomes disabled, but not for long-term care in a nursing home. This is where Medicaid can take over.  Depending on the Medicaid rules of the state of Washington, Medicaid may provide payment for other non-Medicare costs such as in-home long-term care, travel to and from a physician, and dental appointments. Understanding what your parent could expect from Medicare and Medicaid can help the two of you create a well-informed care plan.

Adult children of aging parents often experience a variety of emotions when they realize their mothers or fathers can no longer care for themselves, especially when an Alzheimer’s diagnosis confirms cognitive problems may not improve. Alzheimers.net notes that seeking legal guardianship of an elderly parent suffering from Alzheimer’s can authorize you to make decisions on that individual’s behalf, which may streamline choices related to medical care and financial issues. Individuals seeking guardianship of this type must take several legal steps before they can receive power of attorney and attempt to maintain an elderly parent’s quality of life. The benefits of guardianship Elderly parents who suffer from Alzheimer’s usually experience a decline in memory and other cognitive functions that can affect their overall health. They may suffer from lapses in hygiene and suffer from poor nutrition when they can no longer cook for themselves. Seeking guardianship has several benefits for both the elderly parent and the adult offspring seeking guardianship, including: Improved nutrition/meal program placement Improved health through assistance with hygiene/dressing The ability of the elderly parent to age with dignity Legal guardianship also gives adult children the opportunity to direct care for comparative elderly parents who may believe they do not require such assistance, despite evidence to the contrary. Steps to guardianship Once an elderly parent’s family receives an Alzheimer’s diagnosis for that individual, the next step takes place in court, where the adult child seeking guardianship must prove his or her parent can no longer make sound decisions or perform daily tasks that support good health. The petitioner must also prove that he or she has the capacity to act in the best interests of the person suffering from cognitive decline.  Putting a legal guardian in place as soon as possible for an elderly person suffering from Alzheimer’s can prevent ill health and exploitation from individuals or companies that may take advantage when no one is there to offer protection or guidance.