Shields and Boris Blog on Elder Care, Health Care, and Caring in General

The Governator Says Health Reform Will "Beat Up" California

Medicaid Compromise in Health Care Bill On the Chopping Block

Avoid Pitfalls of Medicaid

How To Describe Pain in a Social Security Disability Case

Great Video For Veterans On Va's Aid and Attendance Benefit

Elder Law, Elder Care, and a Little Bit of Everything

TIPS ON HEALTH CARE, ELDER CARE

Contest For Caregivers

Tips on Elder Care: Nursing Home Reform Act

Further, an individualized care plan is required for the patient. Assessments are conducted by the staff which should include your loved one's physician, family, as well as someone from social services, therapy, activities, and dietary. The plan should be easy to understand, specific and reflect the concerns, and habits of the patient. Plans are assessed quarterly or more often as needed to review or monitor the patient's progress in physical and mental health.

Be informed as to the Resident's Bill of Rights. The Nursing Home Reform Act addresses quality of life and care issues. It states that residents in a facility at a minimum should be provided care and service according to the Nursing Home Bill of Rights. Listed below are nineteen resident's rights. Should you experience a problem in a nursing home, a good place to start before contacting an elder law attorney is the the office of the Ombudsman, which was created for that main purpose.

The resident's rights are (1) Freedom to select a doctor in the facility, (2) Freedom from abuse including physical and chemical restraints, (3) Privacy when bathed, receiving treatment, and discussing care, (4) Confidential personal and clinical records, (5) Share grievances with treatment or care and receive a prompt resolution, (6) Ability to participate in groups, (7) Immediate access and visitation for the Ombudsman, Advocates for the disabled, a resident's individual physician or family members with resident's consent, (8) Nursing Homes must establish the same policies for service, transfer and discharge to all patients without considering whether they are private pay or subsidized, (9) Right of an incompetent resident to have a guardian act on his/her behalf, (10) As to Admissions, facilities may not: require patients to waive their rights to benefits under Medicare or Medicaid, state they will not apply for benefits, require third party guarantees of payments as a condition of admission, (remember the responsible party example?), and cannot solicit gifts to gain admission, (11) Know your transfer and discharge rights. (12) Receive orientation of the new facility, (13) Notice of bed hold, (14) Right to priority re- admission, (15) Right to notice if you are relocated within the facility, (16) Information concerning payment obligations at the time of admission, what their charges are in writing, (17) Right to inspect survey of the facility, (18 ) Hold Personal funds appropriately, and (19) the Right to be informed of their rights at time of admission.

The resident's rights are (1) Freedom to select a doctor in the facility, (2) Freedom from abuse including physical and chemical restraints, (3) Privacy when bathed, receiving treatment, and discussing care, (4) Confidential personal and clinical records, (5) Share grievances with treatment or care and receive a prompt resolution, (6) Ability to participate in groups, (7) Immediate access and visitation for the Ombudsman, Advocates for the disabled, a resident's individual physician or family members with resident's consent, (8) Nursing Homes must establish the same policies for service, transfer and discharge to all patients without considering whether they are private pay or subsidized, (9) Right of an incompetent resident to have a guardian act on his/her behalf, (10) As to Admissions, facilities may not: require patients to waive their rights to benefits under Medicare or Medicaid, state they will not apply for benefits, require third party guarantees of payments as a condition of admission, (remember the responsible party example?), and cannot solicit gifts to gain admission, (11) Know your transfer and discharge rights. (12) Receive orientation of the new facility, (13) Notice of bed hold, (14) Right to priority re- admission, (15) Right to notice if you are relocated within the facility, (16) Information concerning payment obligations at the time of admission, what their charges are in writing, (17) Right to inspect survey of the facility, (18 ) Hold Personal funds appropriately, (19) and the Right to be informed of their rights at time of admission.

It's a lot to digest. The point is to read your documents carefully. If there is something you do not understand, schedule a consultation with an elder law attorney.

What's So Bad About Probate?

Probate is a court proceeding. 

Nobody (except attorneys who do so for a fee) likes going to court.

It takes time. 

When we have to probate an estate, we usually tell clients to expect the process to take about a year. 

You have no privacy. 

All the details of your will, your beneficiaries, your assets and expenses are public record for anyone, even a nebby neighbor, to do what they want.

It is expensive. 

In Pennsylvania, attorneys can charge a "reasonable fee" to go through probate.  On a typical estate this "reasonable fee" is usually 3 to 7% of your gross (not net) estate.

AAPR did a study about probate and called it a "cash cow" for attorneys.  The old attorney joke is how do you make a lot of money as an estate planning attorney?  You write a lot of wills and outlive your clients.  Why make an attorney a beneficiary" of your estate?  Learn how you can avoid probate, and preserve your assets for your loved ones. 

Long Term Care or Estate Planning? - Find an Elder Law Attorney