Elder Abuse, a growing crisis without leadership -Part 2 of 3

Elder abuse case loads are growing in both number, and complexity.  According the study, APS  (Adult Protective Services) program resources are not keeping pace with these changes.  It is difficult to keep pace with enough caseworkers, and keep APS caseworkers appropriately trained, to help our growing elder community.

The study indicates that a lack of coordination in collecting, maintaining and reporting statewide case level administrative information, which limits government’s ability to track the effectiveness of services that they have provided.

The Older Americans Act of 1965 spoke to the importance of needed federal leadership in the elder justice area, the study states that no national policy priorities currently exist… almost 50 years later!

 

Seven agencies within the Departments of Health and Human Services, as well as the Justice Department authorized 11.9 million dollars in grants in 2009 for support for the justice department to support sharing of information between Adult Protective Services and its many partners, like law enforcement.  However, the result has not offered Adult Protective Services the support they need to resolve elder abuse cases, or in standardizing the information that they need to effectively report on the problems that they have encountered. 

 

Part 3 next week…

 

Cohen & Oalican acts aggressively against nursing home abuse and neglect. We proudly provide legal services to the elderly and persons with disabilities and their families. If you have an elderly parent or relative in a nursing home, and you suspect they are being abused or neglected, get help right away. Our nursing home abuse lawyers will advise you on nursing home abuse laws and the rights of residents under the care of nursing home staff.  Contactone of our nursing home attorneys to schedule a consultation. A specialist in nursing home neglect will investigate the abuse or neglect and help you decide what may be your best legal options.

Elder Abuse - a growing crisis without leadership Part 1 of 3

According to the March 2011 Government Accountability Office (GAO) report “Leadership could Enhance National Response to Elder Abuse”  over 14%  (14.1%) of elders (not institutionalized) have experienced elder abuse.

Below is a link to the study.

http://www.gao.gov/products/GAO-11-208

Elder Abuse is categorized as

·         Psychological

·         Physical

·         Sexual Abuse

·         Neglect

·         Financial Exploitation.

 

The study, and three similar studies preceding it, indicates that the numbers are likely higher due to non-reporting among seniors.

The factors that leave elder adults prey to abuse include:

·         Physical and Cognitive       Impairments

·         Mental Problems

·         Low social support among victims.

 

This abuse has been associated with a negative impact on health and longevity.  In short, we have a growing problem of elder abuse, that’s literally killing our elderly population.

 

Part 2 to be posted next week…

Cohen & Oalican acts aggressively against nursing home abuse and neglect. We proudly provide legal services to the elderly and persons with disabilities and their families. If you have an elderly parent or relative in a nursing home, and you suspect they are being abused or neglected, get help right away. Our nursing home abuse lawyers will advise you on nursing home abuse laws and the rights of residents under the care of nursing home staff.  Contact one of our nursing home attorneys to schedule a consultation. A specialist in nursing home neglect will investigate the abuse or neglect and help you decide what may be your best legal options.

Top 10 Most Important Cuts to MassHealth for Seniors, the Disabled, and their Families

 

continued from March 14th….

 

 

6. Elder Home Care

Approximately 2,500 frail elders each month are able to receive community based care services allowing them to stay in their homes and out of hospitals or other care facilities. There are now more than 2,700 elderly each month on waiting lists for these services. This program has experienced a $21.7 Million cut.

7. Elder Protective Services Cut

It’s no secret that the elderly are frequently preyed upon by the unscrupulous, and often loose whatever nest eggs they have managed to save and protect. The program that focuses on protecting the elderly has experienced a $1.5 Million (or 9% when adjusted for inflation) cut. More cases of elder abuse are likely to go uninvestigated. Fewer Guardians may be granted to Massachusetts most vulnerable elders.

8. Council on the Aging

The Council on the Aging sponsors locally focused programs that provide a variety of recreational and support service to elders. Adjusted for inflation this has been cut 11% since 2009. This year, it experience an almost Million Dollar cut in funding.

9. Geriatric Mental Heal & family Caregivers programs eliminated

This is a quarter of a million dollar program that has been entirely eliminated in the 2011 budget.

10. Home Care of the multi-Disabled

28% of the budget since 2009 for this program has been cut (adjusted for inflation). This program provides funding for home care of the multi-disabled, enabling a higher quality of life for those with multiple disabilities, who would otherwise be forced into institutional care.

 

If you have any concerns about how these cuts will affect you, contact our Elderlaw Attorneys at http://www.cohenoalican.com

Alternatives to Nursing Homes as Nursing Home Populations Swell With Younger Patients – Conclusion

Our current health care reform has several provisions to incentivize states to expand at home care, but there is still a strong “institutional bias” that requires states to fund nursing homes, but makes the payment of nurses for at home care optional.   Despite the savings, participation in  a new Federal pilot program that promotes at home health care is optional for states.

Another trend that has been found is that the population in nursing homes is changing to those who are either sicker, or more economically disadvantaged.   Those with the ability to pay, are moving to assisted living facilities.  Those who do not have as great a medical need (i.e. Healthier, but still in need of assistance) are also better served in more independent living facilities.  This new movement creates a nursing home population that is more disadvantaged both from a medical and a financial perspective.

NPR reports that “By federal law, people who face going into a nursing home must be told about alternatives. But in Miller's study in one state, nearly 30 percent of younger people in nursing homes said they weren't told about options. Often doctors and other health care providers just don't know what's available — and recommend a nursing home instead.”

Many times, when younger people chose to not to into a nursing home, it is at the expense of family members.  These family members provide care at no cost to the state.  While the state gets a free pass, the care giver family members can bear a huge burden in terms of  health, time and stress.

There are alternatives for many younger people to nursing home care.  With an experienced legal advocate by your side, you can also consider independent living facilities.  Many severely disabled people still live full and rich lives, not even in a facility, but with at home care.  It will frequently take an experienced attorney to protect your rights, and to help you determine what care is most appropriate for your situation.

 

We welcome hearing from you if you or a family member has special needs, and is looking for alternatives to nursing homes, or looking for ways to protect your family financially from the costs of long term care.

Call one of elder law attorneys at Cohen & Oalican, LLP Boston, Andover and Raynham.

Alternatives to Nursing Homes as Nursing Home Populations Swell With Younger Patients - Part 1

We heard the other day on National Public Radio, that one of the fastest growing populations in Nursing Homes is not the elderly, but rather adults   aged 31 TO 64.

These patients that are victims of disease, accident, health failure, or mental health problems.  Many of these new patients could be cared for at home, or assisted living facilities, but are instead finding themselves in the Nursing Home System.  Young people aged 31 to 64 are the single fastest growing population of nursing homes.  This population has grown roughly 40% since 2000.

This report underscores the fundamental need for legal advocacy when considering nursing home care, or alternatives to nursing home care.

You can see the full report here.

http://www.npr.org/2010/12/09/131912529/a-new-nursing-home-population-the-young

 

All too often, people think of nursing homes as a repository for the elderly, and disability attorneys like Cohen and Oalican as being entirely elder law.  There is a huge sense of accomplishment for us, however, when  we can use our skills and help young people, and their families, to live a fulfilling life, perhaps outside of institutional care, and despite their disadvantages.  We have long been involved in special needs trusts to help protect family’s finances when there is a young (or younger) family member with special needs.

 

To be continued….

Supplemental Needs Trust - Questions Answered Part 2

Are there restrictions on how the funds in the supplemental needs trust may be spent?


Yes and no. Yes, each public benefits program has restrictions that must be complied with in order not to jeopardize the beneficiary’s continued eligibility for public benefits.
For instance, the beneficiary would lose a dollar of SSI benefits for every dollar paid to him or her directly. In addition, payments by the trust for food, or housing for the beneficiary are considered "in kind" income and, again, the SSI benefit will be cut one dollar for every dollar of value of such "in kind" income. Some attorneys draft the trusts to limit the trustee's discretion to make such payments. Others do not limit the trustee's discretion, but instead counsel the trustee on how the trust funds may be spent, permitting more flexibility for unforeseen events or changes in circumstances in the future. The difference has to do with philosophy, the situation of the client, and the amount of money in the trust.

This series brought to you by Boston Attorneys Cohen & Oalican,LLP, specializing in Guardianship and Conservatorship.

Cohen & Oalican provide a full spectrum of services for the elderly, for disabled adults, and for the families.

Cohen & Oalican, LLP specializing in elder law, guardianship and conservatorship present the final article of the series:

"Do I need to become a guardian for my parent?"

Even if your parent has already been diagnosed as suffering from Alzheimer’s or has dementia that does not automatically mean you need to be come their guardian. The first question to look at is whether your parent has enough understanding to sign a durable power of attorney or healthcare proxy. Our goal is to help families in the simplest, most cost effective way possible. Using advanced directives instead of guardianship is one way to do so.

Cohen & Oalican provide a full spectrum of services for the elderly, for disabled adults, and for the families.

Part 3 "Do I need to become a guardian for my parent" Cohen & Oalican,LLP offices in Boston, Andover Raynham

Cohen & Oalican, LLP specializing in elder law, guardianship and conservatorship present Part 3 of the series:

Do I need to become guardian for my parent?

The second way to get decision making authority is by having your parent directly give it to you with a durable power of attorney or health care proxy. A power of attorney is a document that allows a client to appoint an individual to act as the client's agent ("attorney-in-fact") on financial matters should the client ever become incapacitated. A health care proxy gives another person(the agent) the authority to make health care decisions should the principal become incapacitated.These documents are also called “advanced directives”. They are great way to make sure that you have the legal authority to make decisions for your family in the event they become incapacitated.

This series brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship.

Cohen & Oalican provide a full spectrum of services for the elderly, for disabled adults, and for the families.

Part 2 "Do I need to become a guardian for my parent" Cohen & Oalican,LLP offices in Boston, Andover Raynham

Cohen & Oalican, LLP specializing in elder law, guardianship and conservatorship present Part 2 of the series:

Do I need to become guardian for my parent?

Clients often ask us do I need to become guardian for my mother? Hopefully the answer is no.You can have legal authority to make decisions for another person in one of two ways. First is by having the Probate Court appoint you as guardian. Guardianship and conservatorship are legal relationships where the Probate Court gives one person (the guardian or conservator) the power to make decisions for another. Whenever possible we try to keep our clients out of court and that includes guardianship cases. We try to avoid guardianship for several reasons. First you are bringing your family’s private affairs into the public realm. Second the courts move slowly. Finally, the legal fees can be quite high, especially if there is any disagreement regarding who should serve as guardian. These problems have only gotten worse with the recent changes in the Massachusetts guardianship laws in July, 2009.

This series brought to you by Boston Attorneys ,Cohen & Oalican LLP, specializing in Guardianship and Conservatorship.

Cohen & Oalican provide a full spectrum of services for the elderly, for disabled adults, and for the families.

Cohen & Oalican, LLP "Do I need to become a guardian for my parent?

Cohen & Oalican, LLP specializing in elder law, guardianship and conservatorship present Part 1 of the series:

Do I need to become guardian for my parent?

This scenario may be all too familiar: your mother has dementia and is living alone at home. She’s always been a fiercely independent person. However, she’s beginning to “lose it”. Bills are not getting paid. Last week she left the stove on after making breakfast. You and your siblings just got together for the holidays and it seems clear you need to do something. Everyone has ideas but no one has a clear plan. It can be a difficult transition when a parent is no longer able to care for themselves. It may be unclear when its appropriate to take control of financial matters or health care decisions. Growing up as children we are used to our parents telling us what to do and looking out for our well-being. What happens when the children have to parent their parents? When a family member has cognitive impairments they may not be able to make decisions for themselves or their ability to participate in complicated decisions may be limited. Our clients want to respect their parent’s wishes and independence but they also want to make sure their parents are safe.

This series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship.

Cohen & Oalican provides a full spectrum of services for the elderly, for disabled adults, and for families.

More Links to Cohen & Oalican

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• ERIC R. OALICAN is a partner in the Boston elder law firm of Cohen Oalican, LLP, where he specializes in representing the legal needs of the elderly. . .
• Directions to our Firm
• A professional endorsement
• Eric R. Oalican, Esq., Co-chair, Cohen & Oalican LLP, Boston;Elder Law: MCLE BasicsPlus!®
• Basic concepts of estate and long-term care planning
• We have two types of clients," said Eric Oalican, an elder-law attorney in Boston. "Advance-planning clients, who are in OK health either at home or in an .. . .
• Boston Tax Institute Faculty
• Medicaid Update Speaker: Eric R. Oalican
• Preserving & transferring your client's principal residence / chairs, Eric R. Oalican
• Eric R. Oalican, Esq., program chair. Cohen & Oalican LLP, Boston. Leslie S. Madge, Esq. ... Eric R. Oalican. LONG-TERM. CARE ASSET. PROTECTION. PLANNING
• Eric R. Oalican,. Esq., Cochair, Cohen & Oalican LLP,. Boston;Elder Law BOSTON, Thursday, September 10 & Friday, September 11, 2009 - Basic concepts of estate and long-term care planning MCLE BasicsPlus
• Eric Oalican
• 1-day seminar (8 credits) led by Steven Cohen, Esq., and Eric Oalican, Esq. Topics include the essentials of estate planning for accountants and their. . .
• Eric Oalican. 617-350-5600. View Profile. Elder Law, Estate Planning.

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Tax consequences of an Irrevocable Trust

An irrevocable trust is written so that if your home or other appreciated assets are sold after your death, your heirs will receive what is called a “step-up” in the tax basis. This means that the ultimate beneficiaries of the irrevocable trust will pay little or no capital gains taxes if they decide to sell property after your death. If your primary residence is owned by an irrevocable trust and it is sold while you are alive, you will be able to utilize your $250,000, or $500,000 in the case of couples, capital gains exclusion.

An irrevocable trust property will be included in your taxable estate. A Massachusetts estate tax will only be owed upon the surviving spouse’s death if your total estate (including the irrevocable trust's assets) exceed $1 million.

If you have only placed real estate into your irrevocable trust, you can continue to file your annual income taxes as you have in the past. Accordingly, you will not need a new tax identification number for the irrevocable trust. Further, you will still be able to claim any deductions related to your home on your taxes.

If you have placed liquid assets into your trust, you will need to apply for a new tax identification number (EIN) and file an annual trust tax return. An irrevocable trust is drafted so that all the income earned on the irrevocable trust's assets will be taxable to you. You should contact your accountant who will need to complete the necessary tax forms for the irrevocable trust.

Pulbished by Cohen & Oalican, LLC Special Needs Trusts Attorneys in Boston