Jarvis Law Office

Patients’ rights at long-term care centers in Ohio

Entering a long-term care center is a difficult process for patients and their loved ones. Not only do they have to contend with the reasons that led them to the center and emotional toll such a stay can have on a family, but they must also consider how to pay for the care and what will happen if they cannot afford it. This last piece is one that keeps patients and loved ones up at night.

However, patients at long-term care centers gain certain rights to protect them in addition to their rights as citizens of the United States. Patients’ rights address concerns such as the type of care and medication they receive as well as which doctors may treat them. Patients are also guaranteed a certain level of privacy concerning their treatments and other personal issues while their religious beliefs and civil liberties are also taken into consideration.

Most importantly, however, patients have rights concerning their discharge or transfer from one long-term care center to another. Patients are protected from discharge or transfer unless the following conditions are met:

• The care center can no longer provide the standard of care needed by the patient
• The patient no longer requires the level of care provided by the long-term care center
• The long-term care center goes out of business
• The patient did not pay for their care either through private pay, Medicare, or Medicaid

This last point is a concern to most patients and their loved ones, but there is a way to avoid being discharged from a care center in this case. First, a reasonable amount of time must pass before a patient is allowed to be discharged due to non-payment, which means that a patient will not be refused service immediately. This gives family members time to speak with an experienced elder law attorney to determine the correct strategy to find, get, and pay for the care needed. During this time, the elder law attorney can assist in qualifying for benefits such as Medicaid or VA Healthcare and can also help come up with alternative plans..

If you have more questions about your rights as a patient at a long-term care center in Ohio, or if you’re currently in a situation where a long-term care center is trying to make a loved one leave the facility, please contact our Ohio elder law office at 877-653-3450 to schedule an initial consultation.

 

The Power of Attorney: Everything You Need to Know for Elder Care Planning

There’s more than just one type of Power of Attorney (POA) available for elder law purposes. They include medical, financial, real estate only, durable, and springing Powers of Attorney. The two most common, though, are durable and springing. The following explains everything you need to know about the two and how they impact your elder care planning.

It’s important to note the differences between a springing POA and a durable POA. While both documents allow your agents – the person or persons you choose to represent you – to handle your financial affairs for you, they take effect at different times. A springing POA gives your agent authority to act on your behalf if you are deemed medically unable to make financial decisions for yourself. Once you’ve recovered and can make your own decisions again, your agent may no longer make financial decisions for you.

A durable POA gives your agents the authority to act on your behalf at the moment the document is signed. The only way your agents may lose that ability is if you draft a new power of attorney and remove their authority. While springing POAs are used in elder care planning, the fact that the power granted to agents in a durable power of attorney does not go away after a certain time makes it a type that is most often used in elder law.

As many seniors have found out, it becomes more difficult to get to the bank and handle financial tasks. Oftentimes, seniors do not want the responsibility of paying bills each month and would rather have someone else handle it. For these reasons, a durable power of attorney makes it easier for adult children or caretakers to handle financial affairs for their parents or elderly loved ones. In other cases, the transition from senior to agent becomes easier if the senior were to suddenly become incapacitated and can no longer make decisions since the agent can seamlessly move into the role of financial caretaker without the need to involve a doctor.

If you have more questions about creating a power of attorney as part of your elder care planning, or if you’d like to have your current power of attorney reviewed to make sure it still fits your needs, please contact our Ohio elder law office at 877-653-3450 to schedule a complimentary initial consultation.

The Living Will: Everything You Need to Know for Elder Care Planning

The Living Will, along with the Power of Attorney, Last Will and Testament, and Revocable Living Trust, is a core document that everyone should have when making an elder law plan. Sometimes called a medical Power of Attorney, the Living Will serves two main purposes when it comes into use when a person is incapacitated and cannot make their own health care decisions: It names health care representatives to act on the person’s behalf and informs health care providers of the person’s wishes regarding medical treatment.

The most important aspect of creating a Living Will is choosing a health care representative, or representatives. The representative should be someone who is trusted enough to make hard decisions regarding medical care as they often must make difficult choices concerning end of life and palliative care. This is why the representative needs to be fully aware of their responsibilities. If you’re considering making a Living Will, speak with your potential health care representatives to make sure they’re up to the task. You’ll also want to explain why you chose them to make medical decisions for you. An experienced elder law attorney can give you advice on the best way to bring up the subject, as well as provide a comprehensive explanation of a health care representative’s responsibilities.

The Living Will also gives instructions about the type of medical treatment you want to receive to both your health care representatives and your medical professionals. These instructions mainly deal with end of life care but also cover any type of medical care that’s needed while you’re incapacitated. The Living Will provides instructions on any means of artificially extending life, including the placement of feeding tubes and ventilators.

A common misconception is that a Living Will serves the same purpose as a Do Not Resuscitate (DNR) order. While the two can be used in conjunction with each other concerning end of life care, they are actually two different forms. A DNR only provides instructions in case of imminent death, while a Living Will covers much more. One last important thing to note is that your health care representatives and medical professionals are bound by law to follow your wishes as described in your Living Will. You should speak with an experienced elder law attorney about your current medical condition and the types, if any, of end of life care you wish to receive so that your Living Will can follow as close to your wishes as possible.

If you have more questions about creating a Living Will, or if you’d like to have your current Living Will reviewed to make sure it still fits your needs, please contact our Ohio elder law office at 877-653-3450 to schedule a complimentary initial consultation.

5 Tips for Alzheimer’s Caregivers

Whether you’re a spouse, child, or loved one, caring for someone with Alzheimer’s is a daunting task that will impact both your professional and personal life. You’ll have to provide care for a loved one during this difficult time, while also making sure that you stay up to the task. Below are five tips to help you cope while giving care to a loved one with Alzheimer’s:

Join a Support Group

Many Alzheimer’s caregivers feel that they’re suffering alone, but the fact is that Alzheimer’s is a disease that impacts 15 million caregivers in the United States. Since the disease is so prevalent, there are numerous support groups out there to help caregivers cope with the stress they feel. You’ll connect with people who are going through the same experiences as you, and hopefully, you can help each other through this difficult time.

Accept Help from Family and Friends

Just because you’re a primary caregiver for an Alzheimer’s patient, it doesn’t mean that you can’t ask for and accept help from your family and friends. Sharing the burden can help you avoid burnout and give you a chance to seek respite care during those times when you must focus on your own life.

Stay Healthy

You won’t be any use to your loved one if you wear yourself down and become sick. Check in with your general practitioner regularly to make sure you’re staying healthy, and try to stay active with light exercise to ensure you stay in shape. You should also focus on your sleep habits as a lack of sleep can lead to some serious health consequences down the road.

Speak with a Therapist

Sometimes the stress of caring for a loved one with Alzheimer’s is too much to bear and can lead to anxiety and depression. When this happens, you won’t be able to provide the best care possible for your loved one. That’s why it’s important that you seek out a therapist you feel comfortable speaking to, and if possible, has experience working with people in similar situations.

Consult with an Experienced Elder Law Attorney

Families and caregivers of Alzheimer’s patients often struggle to find the right care centers for their loved ones and ultimately how to pay for those care centers. An experienced elder law attorney can help you navigate the complex world of public benefits to make sure you can find and pay for the care your loved one requires.

If you have more questions about caring for a loved one with Alzheimer’s, or if you’d like to speak with an experienced elder law attorney regarding Alzheimer’s planning, please contact our Ohio elder law office at 877-653-3450 to schedule a complimentary initial consultation.

How to Help Manage a Senior Family Member's Finances

Senior citizens can be very vulnerable to financial problems, often because the ability to care for such complex concerns tends to decline with age. This may cause serious problems, such as having utilities shut off, late housing payments, or falling behind on other bills and necessities.

Once headed down this path, problems tend to compound, making it difficult to dig back out of this financial hole Family members may want to help their senior loved ones manage their finances, but it’s usually not as easy as just jumping in to lend a hand. Certain documents or legal proceedings may be necessary to ensure finances are handled correctly and by the right people.

Many families use a financial power of attorney (POA) document to help their senior family members. Common types include a durable POA, which is in effect as soon as the senior signs it or a springing POA, which only comes into effect when a doctor determines that the senior is incapacitated. The POA names an agent to care for the financial concerns and that person has a legal, fiduciary duty to make sound financial decisions for their loved one.

A revocable living trust can also help to handle financial affairs. At the time the trust is created, the Grantor names a Trustee to be in charge of all trust property and a Successor Trustee to serve if the original Trustee is ever unable to carry out their duties. The Grantor usually serves as the initial Trustee, but when they can no longer handle their own affairs they’ll turn control over to the Successor Trustee. The Successor Trustee also has a legal and fiduciary duty to only act in the best interest of the Grantor.

Finally, a conservatorship is a legal proceeding that grants control of an incapacitated person’s financial and health care concerns to a court-appointed conservator. This is often a last case scenario if the senior did not create a POA or revocable living trust. A family member is usually named as conservator, but there are times when an independent party is named by the court instead.

If you have additional questions about managing an elderly family member’s finances, or if you’d like to discuss strategies to make sure your loved one is always in sound financial hands, please contact Jarvis Law Office at 877-653-3450 to schedule an initial complimentary consultation.

Tips for Choosing the Right Alzheimer's Care Center

Alzheimer’s is a terrible disease that impacts every family member, from the senior who suffers from its effects to the adult child that must coordinate care. The disease often leaves family members and caregivers feeling like they have no options. While many families want to keep their loved one at home to provide a sense of comfort and continuity, there is almost always a point at which staying in the home is no longer an option.

Choosing a care center that specializes in Alzheimer’s care is the best way for the loved one to receive the care they need while giving caregivers peace of mind, but it’s not always an easy task.  Alzheimer’s requires a specialized type of care that is not found at every care center, resulting in other important considerations such as cost and the proximity of the care center. Experienced elder law attorneys at Jarvis can help you through these concerns and guide you through the process of finding the right Alzheimer’s care center for your loved one.

When looking for an Alzheimer’s care center, you should consider any special needs your parent has and whether the facilities you’re looking at can address those needs. A common consideration is the type of space available, which is often a concern if the senior is still physically active. A Your loved one needs the ability to move around without feeling confined, while also being kept safe and secure.

Another consideration is the make-up of the other residents in the care center.  There are pros and cons to placing your loved one in an all-Alzheimer’s care center or a care center that caters to a mixed population. You’ll also need to consider the capabilities of the care center staff that will work with and care for your loved one. Can they care for the special needs of an Alzheimer patient while also tending to a mixed population?

There are many other considerations when choosing an Alzheimer’s care center. Jarvis Law Office can review your unique situation and offer solutions. Call us at 877-653-3450 to schedule an initial complimentary consultation.

Three Warning Signs of Dementia and Alzheimer’s Disease

Dementia is one of the most devastating conditions that affect senior citizens. The loss of memory and cognitive functions leads to emotional distress and increased care expenses, made even worse by the fact that there is no known cure for dementia diseases, including the two leading diseases that cause dementia, Alzheimer’s and Lewy body dementia. There are treatments that can slow the effects and help make life more manageable, but the diseases must be detected early in order for the treatments to have any kind of effect. Here are three warning signs to look out for in your elderly loved ones who may have dementia or Alzheimer’s:

Memory Loss

Memory loss is the most well-known sign of dementia and is perhaps the most devastating to families. The lack of recognition of family members usually occurs towards the end stages of the disease, while a milder form of memory loss can serve as a key warning sign that there is something wrong. If you notice your loved one often forgets where they placed their keys or phone, or if they have difficulty remembering names or start repeating themselves, you may want to consult with a doctor about the possibility of early-stage dementia.

Confusion

Confusion usually goes along with memory loss since seniors with dementia often become confused or agitated if they cannot remember a family member’s name or other details they used to know. Constant repetition accompanies confusion and memory loss, as seniors suffering from dementia often repeat things they’ve said just minutes after they’ve already said them. Seniors confused with dementia may also put items such as keys or a purse in places where they don’t belong, like the refrigerator or the oven, and then forget they put them there.

Personality and Mood Shifts

Dementia can have a pronounced impact on a senior’s mood, manifesting either in depression or drastic personality shifts. Dementia is a cognitive impairment which affects one’s judgment, meaning it can cause a senior to act very differently than they have in the past. Monitoring mood and personality for shifts and changes is a good exercise if you suspect an elderly loved one to have dementia.

If you’d like more information about the warning stages of dementia, or if your loved one is suffering from dementia and you’d like to discuss financial and care plan options, please contact our office at 877-653-3450 to schedule an initial complimentary consultation.

Medicaid Eligibility for Skilled Long-term Care Nursing Center

Medicaid is a federal, needs-based program administered by state agencies to provide aid to individuals, many of whom are senior citizens, who cannot afford to pay for their own medical care. Most of the time, this care takes place in a skilled nursing home. Many qualifications need to be met in order to determine eligibility to receive aid, including the following:

Income Limit

As noted earlier, Medicaid is a needs-based program and has strict income limits. The 2018 monthly income limit in Ohio is $2,250 for both single and married applicants. However, there are other income factors that can go into Medicaid eligibility, so you will want to consult with an Ohio elder law attorney who has experience with Ohio’s Medicaid qualification rules.

Asset Limit

Just like the income limit, there is a limit on the amount of assets you can have in order to qualify for Medicaid. The 2018 Medicaid asset limit in Ohio is $2,000 for single applicants and $2,250 for married applicants. There are also rules concerning certain countable and non-countable assets you should be aware of including retirement accounts and real property, so it’s advisable to speak with an experienced elder law attorney to make sure you have all the information necessary for your Medicaid application.

Medically Needy

“Medically needy” individuals are those whose income and assets would typically make them ineligible for Medicaid services, but face mounting medical bills that effectively put them within the income and asset limits. People in this situation are allowed to spend down assets in a qualified manner that will make them eligible for Medicaid. These spend downs must be carefully monitored and follow strict guidelines, which an experienced elder law attorney can help you navigate.

Not every nursing home must accept Medicaid as payment for their services, so finding a nursing home that accepts Medicaid payments and meets your standard of care should be a priority. All nursing homes that accept money from Medicaid are subject to regular inspections by the state of Ohio to ensure they are compliant with state standards and offer satisfactory care to their patients.

If you’d like more information about Medicaid eligibility for a skilled nursing home, or if you’d like to review and assess your current situation to determine if Medicaid coverage is a viable plan for your future, please contact our office at 877-653-3450 to schedule an initial complimentary consultation.

Advance Health Care Directives and Mental Health Care in Ohio

Advance Healthcare Directives commonly known as a Living Will and Healthcare Power of Attorney, typically concerns all aspects of health care, including mental health care. However, if you’re concerned about your own or a loved one’s mental health for the future, it may make sense to list out special instructions regarding mental and psychiatric health care to help guide your chosen agent.

Mental health issues cover a large range of possibilities, including medication, commitment, and treatments received in a psychiatric facility. There can be side effects from certain psychiatric medicines that may sway you away from having them prescribed, so it’s important to gain as much information about these medications as you can when creating your advanced medical directives. Commitment and treatments such as electroshock therapy come into play for serious psychiatric disorders and would most likely be out of your control, but it may help to speak with a medical professional and an Ohio elder law attorney to learn about the options you have if these treatments are deemed necessary.

For seniors, the most common mental health care issue is dementia, including Alzheimer’s Disease and Lewy Body brought on by Parkinson’s. When creating an Advance Healthcare Directive that addresses mental health concerns, it’s important to discuss the options that may be available to you with a physician or mental health professional. In addition, you’ll want to include your agent – the person entrusted with making health care decisions on your behalf if you become incapacitated – in discussions about your mental health care so they are aware of your wishes and can address any concerns with you before the time comes.

As noted above, most Advance Healthcare Directives cover mental health issues; however, having an overlapping document that specifically details your wishes for future mental health care would provide an extra layer of protection and possibly remove some questions and doubt for your agent. Keep in mind that any health care crisis is stressful for health care agents and that having advance directives that convey your wishes will help put their mind at ease. 

If you would like to get more information about mental health care and advance medical directives, or if you’d like to discuss a current situation concerning mental health issues and advance directives, please contact our Ohio elder law firm at 877-653-3450 to schedule a complimentary initial consultation.

What You Need to Know About Alternate Beneficiaries

Some would argue that the point of estate planning is to have a Plan B, or a plan for when your first plan doesn’t go as anticipated. Sometimes heirs and designated beneficiaries don’t live to benefit from an estate, or they do something that makes them no longer qualified to benefit. Thus, an alternate beneficiary would benefit, if named, to ensure nothing is left to chance.

 What’s an alternate beneficiary?

 An alternate beneficiary is a person who will benefit from an estate or part of an estate if the primary beneficiary won’t or can’t benefit. For example, a mother bequeaths a farm to her oldest son. However, the oldest son doesn’t want the farm and is too sick to farm even if he wanted to do so. He refuses to take the farm. Now, the farm goes back to the mother’s estate—unless, of course, she named an alternate beneficiary to take the farm in case the oldest son didn’t want it or died before she did. Say she named her best friend, a neighboring farmer, as an alternate beneficiary. Now, the farm will go directly to the friend, who wants the farm and is willing to take it, without it going back into probate.

 Why would I want an alternate beneficiary?

 Again, an alternate beneficiary is the Plan B, or even C, of estate giving. It ensures that a principal’s estate will remain in the hands of his or her chosen beneficiaries. In the prior scenario, without an alternate beneficiary, the farm would have gone back to the mother’s estate, and a probate judge would then decide who gets the farm based on the laws of succession. This may end up being a person whom mom would have never wanted to inherit her property.  Naming an alternate beneficiary ensures that mom has the final say of where her property goes, rather than leaving this decision to a court or a judge.

Create a “Plan B” to stay in control of your estate plan.   

If you want the peace of mind knowing that your estate will pass only to the beneficiaries of your choosing, talk to a qualified Ohio estate planning and elder law attorney about naming alternate beneficiaries. Our attorneys will help you work through establishing contingency plans thus avoiding the most common issues that arise when life throws curve balls into your initial plan.  If you’d like help getting started, contact our law firm at 877-653-3450 to schedule a complimentary initial consultation.