Category Archives: Elder Law

ELDERLY PROTECTIVE SERVICES

DO YOU SUSPECT AN ELDER IS AT RISK OF ABUSE, NEGLECT OR EXPLOITATION? There may be times when you suspect an elderly person is being abused, exploited or neglected; what do you do? Under Connecticut law, services are available to protect that person through Elderly Protective Services which is administered by the Department of Social… Read More »

CARE CONTRACTS: Paying Children for Caring for their Parents

A Care Contract is a valid agreement, preferably in writing, between a person, usually Mom or Dad who may need Medicaid(Title XIX )in the foreseeable future and others, usually children, who will provide the care.  The contract generally provides that Mom, for example, is going to need some assistance due to a decline in health. … Read More »

WHAT IS ELDER LAW?

Before discussing the legal practice known as “elder law”, it is useful to define what is meant by the word “elder.” In the legal sense, the definition depends on the specific area of law in which the term is being used.  For example, for purposes of age discrimination, you must be at least 40. To… Read More »

HEALTHCARE REPRESENTATIVE V. HEALTHCARE AGENT

The primary distinction between an Appointment of Healthcare Representative and an Appointment of Healthcare Agent is the date upon which you executed it. Prior to October 1, 2006 the term “Healthcare Agent” was used usually in conjunction with a Power of Attorney for Healthcare Decisions with the “Healthcare Agent” being responsible for “end of life”… Read More »

SHOULD I DISCLOSE MY LIVING WILL TO MY CAREGIVERS?

Anyone going into the hospital for any reason knows that one of the first questions asked upon admittance is “Do you have a Living Will?” This document is also called Withholding or Withdrawal of Life Support in Connecticut and/or Advance Directive. Federal law requires that you be asked that question. If you have a Living… Read More »

HOMECARE PROVIDER PITFALLS

As our parents and relatives get older, we are all faced with affordable homecare/companion decisions. Many try to accommodate a loved one’s desire to remain home and limit “strangers” in their home. To that end, many people hire relatives, friends and/or neighbors to fill the gaps in the care coverage that one needs and these… Read More »

LIFE END PLANNING FOR MOM AND DAD

Mom and Dad have taken care of you all your life. They are now aging and their health may or may not be failing yet. Have they taken the appropriate steps to plan accordingly? Do you even know? Many times it is difficult to broach this subject with your Mom or Dad because it is… Read More »

ANOTHER BLOW AGAINST MANDATORY CONSUMER ARBITRATION

As we have previously discussed in BE(A)WARE OF CONSUMER ARBITRATION CLAUSES consumer arbitration is coming under increasing attack as a dispute resolution mechanism. The federal agency that controls Medicare and Medicaid funding recently banned the use of mandatory arbitration for the resolution of disputes between nursing homes and their residents, further calling into question the… Read More »

SIGNING A NURSING HOME ADMISSION AGREEMENT AS A RESPONSIBLE PARTY

There may come a time in your life when you may need to sign a nursing home admission agreement in order for a close family member to be entered into a nursing home facility, which scenario would likely occur at a very stressful time in your life. The nursing home might require that the admission… Read More »

PAYING FOR LONG TERM CARE

Long Term Care Word Cloud As we age, the likelihood of needing long-term care for either a finite amount of time or indefinitely increases. It is important to understand who is responsible for paying for long-term care. Many people think that if they are in a skilled nursing facility long-term, then Medicare will pay. The… Read More »

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