If your loved one is entering a nursing home, you may worry whether you could be liable for their care. Under federal law, a facility cannot require a family member or friend to co-sign an admission agreement and take on personal liability. However, nursing homes around the country still try to do so, and often these matters end up in court.
What can you do to prevent this from happening to you? It starts with educating yourself on what is and isn't allowed.
A law known as the Federal Nursing Home Reform Law prohibits a nursing home or facility from requiring or asking for a financial guarantee from a third party. Federal regulations regarding Medicare and Medicaid have similar restrictions.
These laws and regulations state that a home cannot have a resident’s family member or friend co-sign an admission agreement to take on financial liability. However, a nursing facility may obtain the signature of the resident’s agent, who has access to the resident’s income or assets, agreeing to use these resources to pay for care. Still, this agreement may not impose personal financial liability on the agent.
Review Before You Sign
If you're assisting a loved one with entering a nursing home, you should carefully review all the admission paperwork before you sign it. Many facilities have unscrupulous practices of using admission agreements that violate federal law or regulations.
You don't have to sign or “volunteer” to sign a financial guarantee that makes you personally responsible. It's incorrect if a nursing home claims a guarantee is necessary because the federal law only applies to Medicaid-eligible individuals. Nursing homes are also not allowed to condition admitting or keeping a person on receipt of a third-party guarantee.
Today, the most common tactic used by nursing homes is an admission agreement that obligates the signor as an agent with supposed control over the resident’s money. These agreements stipulate the agent will apply these resources to the nursing home expenses and apply for Medicaid on the resident’s behalf. Often, the person signing this document doesn’t know how to handle this situation, doesn't have this control, or makes mistakes in the resident’s Medicaid application, causing coverage to be denied.
What follows may be a lawsuit by the nursing home, claiming the agent violated their duties in the agreement and must pay the care costs. Courts have gone both ways on whether these agreements are enforceable, and the agent’s conduct often influences a court’s decision. Egregious conduct can lead to courts ruling in favor of the nursing home. An example is where an agent used the resident’s money for luxury items or other people’s expenses rather than their loved one’s care.
Plan Ahead As Much As Possible
The best action is to plan before nursing home care is necessary. This can put you or your loved ones in a position to be ready to apply for Medicaid should the need arise. At the same time, an aging individual can do proper asset protection planning and avoid look-back periods creditors could otherwise exploit against the resident or an agent.
However, this isn't always possible for many older adults and their family members. Individuals who will take on the responsibility of being an agent should understand what this entails and seek the advice of an elder law attorney in your area before starting the admission process.
Maintaining a sense of purpose and engaging in meaningful activities can be important for seniors mental and physical well-being. Senior living communities, like Celebration Villa of Allison Park, a Priority Life Care Community, can provide a supportive environment that can help seniors maintain a sense of purpose with meaningful activities as they age.Here are some ways seniors can start or continue with their meaningful activities to help keep their sense of purpose as they age:PURSUE HOBBIES AND INTERESTSSeniors can continue to pursue hobbies and interests that they enjoy, such as painting, playing music, or gardening. Engaging in these activities can provide a sense of accomplishment and enjoyment. Priority Life Care communities offer a range of activities and programs, such as arts and crafts classes or gardening clubs, that can help seniors pursue their hobbies and interests. We get to know our seniors and build our programs around the interests of our residents.VOLUNTEERMany seniors find meaning in volunteering, whether its at a local charity or community organization. Volunteering can provide opportunities to give back to the community and connect with others who share similar values. Many Priority Life Care communities have partnerships with local charities and organizations, making it easier for our residents to get involved and volunteer. We find that some residents find it fulfilling to lead classes of their own or join a group that loves to give back to the community like creating floral arrangements for the dining room.LEARN NEW SKILLSLearning new skills can be a great way to stay engaged and mentally stimulated. Seniors can take classes, attend workshops, or even learn online to pick up new skills or knowledge. Priority Life Care communities all offer classes and workshops on a variety of topics, from computer skills to cooking. We find that these types of opportunities can help seniors learn new skills and stay mentally stimulated.Stay ActivePhysical activity is important for seniors health and well-being. Seniors can try activities like yoga, walking, or swimming to stay active and maintain mobility. All of our communities offer daily fitness classes, such as chair yoga or tai chi, that can help seniors stay active and maintain mobility. These classes are offered at all levels so anyone can join and feel the effects of maintaining their physical well-being.CONNECTION WITH OTHERSSocial connections are important for seniors mental health. Seniors can connect with friends and family members, join social clubs or groups, or even use technology to stay connected with others. Priority Life Care communities provide opportunities for social interaction, such as organized outings or social events, that can help residents connect with others and make new friends.TRAVELMany seniors enjoy traveling and experiencing new things. Whether its a day trip to a nearby town or a longer vacation, travel can provide new experiences and a sense of adventure. In addition to on-site events, Priority Life Care communities offer local day trips that allow seniors to explore new places and experience new things in safe and supportive environments. Residents can also choose to come and go with family and friends.Overall, senior living communities can provide a range of resources and support that can help seniors maintain a sense of purpose and continue with meaningful activities as they age. These are just a few examples, and seniors can find meaning and purpose in many different ways. Thats why we take the time with every resident to understand what they love to do now AND what they might like to learn in the future. With this information, were likely to pair them with like-minded individuals and people who share their interests.
Seniors are prone to suffering from serious medical conditions related to poor dental hygiene. There is evidence that gum diseases, such as periodontitis, can be linked to heart disease and diabetes, as well as other systemic complications.Healthy teeth allow seniors to enjoy their food more without suffering from painful chewing and swallowing. Seniors suffering from untreated tooth decay or premature loss of teeth will find themselves opting for soft foods, as opposed to fresh fruits and veggies which can affect nutrition.HOW TO HELP SENIORS WITH THEIR ORAL CARESeniors tackle a series of roadblocks when it comes to receiving regular dental care, such as lack of transportation, memory loss, and physical and mental impairments that may prevent them from making their appointment.Some seniors require additional help when it comes to brushing and flossing, as well as regular visits to the dentist for cleanings. Certain medical conditions, such as painful arthritis in the hands, can affect a seniors ability to brush or floss. Left unaddressed, this can lead to ongoing oral issues.Whether your elderly loved one resides in an assisted living facility or at home, they may benefit from regular reminders to brush twice a day and to floss at least once. A soft-bristled toothbrush and fluoride toothpaste helps to keep their gums healthy. According to the American Dental Association, antiseptic mouthwash has been proven to reduce plaque and gum disease.If your senior wears full or partial dentures, they should be reminded to remove them at night. Not only can they be uncomfortable to sleep in, but they should also be cleaned regularly. Denture-induced stomatitis is linked to ill-fitting dentures, poor hygiene, and potential inflammation.RISK FACTORS RELATED TO POOR ORAL HYGIENEReceiving dental checkups every six months prevents an issue from getting out of hand and allows the dentist to check for any sores, ulcers, swelling, and signs of infection or oral cancer.Without proper and consistent checkups, seniors are at an increased risk of:Root Decay Exposure of the root due to acids can cause the gum to begin to recede, leaving a sensitive, sometimes painful area.Oral Cancer The median age for diagnosis with this disease is 62, further strengthening the case for frequent dental checkups.Tooth Decay Over 90% of adults aged 65 and over have had at least one cavity, with 20% suffering from untreated tooth decay.Gum Disease This can be caused by plaque buildup, tobacco products, or other chronic issues such as diabetes, affecting nearly 68% of the senior population.Tooth Loss Often caused by untreated gum disease; nearly 1 in 5 seniors have lost all their teeth.Dry Mouth Many medications have the side effect of reducing saliva production, which can increase a seniors risk of cavities.IMPROVING SENIOR DENTAL CAREPriority Life Care is committed to providing quality care for seniors. For seniors who have suffered from poor dental hygiene in the past, its not too late to turn their oral health around. Many communities work with dental companies for easy, on-site visits. With the help of a qualified dental professional and caregivers who can keep up with daily brushing, flossing, rinsing, and removing and cleaning dentures every night dental well-being can be regained.
TIPS FOR SAFE AND ENJOYABLE ADVENTURESAge is just a number and that number should never restrict your sense of adventure or put a damper on your desire to explore the world. Many of us have a bucket list of places we want to visit but are often held back because we arent sure where to start, have no one to travel with or feel overwhelmed by the cost. But guess what? You dont need to spend a fortune or find a travel companion to pack your bags and set off an exciting adventure.Traveling solo is not only liberating, but it can also be extremely fulfilling. You get to take your time and savor every experience, meet new people, and learn about different cultures. As much as we want you to embrace the joys of solo travel, we also recognize that safety is a top priority. Here are some tips to help you ensure safe, enjoyable, and memorable solo travels.1. Plan AheadOne of the hallmarks of safe solo travel is thorough planning. Before you embark on your journey, take the time to research your destination, including local customs, popular tourist sites, and means of transportation. This will give you an idea of what to expect, how much money you should budget for your trip, and what safety precautions you need to take.2. Choose Safe AccommodationsWhen traveling solo, the type of accommodation you choose can make or break your experience. If you can, always stay in reputable hotels or well-rated Airbnbs. Opt for accommodations that are centrally located in safe neighborhoods, offer amenities such as 24/7 security, and have positive reviews from other travelers.3. Share your ItineryLetting someone close to you know where you will be at all times is another smart tip.Share your travel plans with a family member, friend, or a trusted neighbor before you leave. Provide them with your itinerary, your contact information, and emergency contact details. If youre traveling abroad, its also a good idea to provide them with your passport information.This will give you (and, likely, them) some peace of mind and ensure that someone knows where you are at all times in case theres an emergency.4. Pack LightlyTraveling solo means that you will be responsible for carrying all your luggage so you should pack light and pack smart. Focus on essential items such as comfortable clothing, footwear, toiletries, and medication. Also, keep an extra copy of important documents such as your passport, ID, and travel insurance.5. Trust Your InstinctsYour gut feeling is often right, so if you sense something is off, trust your instincts. If you feel like a particular activity or destination is unsafe, avoid it altogether. Be wary of strangers who seem too friendly or offer to help you more than what seems reasonable. Always keep an eye on your belongings and your surroundings and as always, trust your gut. Its better to be paranoid than it is to put yourself in a dangerous situation.HAPPY WANDERING!Traveling solo is an experience that should not be limited by age. By following our safety tips and trusting your instincts, you can embark on an adventure that will leave you with lasting memories.And if youre looking for a place to call home when youre not wandering the globe and ideally one that offers all the amenities and support you need to live your best life then we are here for you. Contact us today to learn more about our senior living, and how we can help you live your adventure!
Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind. You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets. Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most. Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets. I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.