When an incapacitated person cannot make personal or financial decisions, state courts may appoint a guardian to assist the individual with determining where to live, what kind of care to receive, or how to manage finances. In some cases, guardians may wish to move their ward someone whom a court has found need a guardians protection to another state for care. However, guardianship, as a matter of state law, doesn't automatically transfer across state lines. In many cases, to transfer a guardianship, guardians must petition the state where the ward currently lives and the state to which the ward is moving. This process can be complex, as each jurisdiction has rules regulating guardianship. Inconsistencies between states can create challenges. For instance, one state court may find that an incapacitated person needs a guardian, whereas another may disagree. Even after relocating, guardians may remain subject to the reporting requirements of the state in which the guardianship was initiated. The original state can retain jurisdiction if the guardian forgets to close the guardianship. Failing to comply with reporting requirements may cause legal problems, and the state may seek to remove the guardian. The Uniform Adult Guardianship and Protective Proceedings Jurisdiction ActThe vast majority of states, as well as Washington, D.C., and Puerto Rico, have adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which has resulted in more efficient guardianship transfers. Individuals can request that the state where they plan to resettle the ward records the existing guardianship order. Once the UAGPPJA state records the order, it honors it, allowing the guardian to continue making critical decisions for the ward after the move. Nevertheless, even when states use the UAGPPJA, they implement it in various ways and have their own specific rules. Individuals seeking to transfer guardianships should consult an experienced attorney who can assist them with the process. When Is a Transfer Permissible? The UAGPPJA permits guardians to move wards across states when: Relocating is in the wards best interests, promoting the wards physical and mental well-being.The guardian has reasonable and acceptable plans for the wards care in the new home.No one opposes the transfer.The move is permanent; guardians cannot orchestrate temporary moves for convenience. Notice Requirement When guardians are first appointed, they must inform the close relatives of the incapacitated person, allowing them the option to contest the guardianship. This notice provision also applies to transfers: Guardians must inform close relatives when electing to take their wards to another state. Many guardianship transfers are uncontested. Should a wards relatives challenge a relocation, courts often will hold evidentiary hearings to decide whether the resettlement is legal. Although relocations can be complex, guardianships may transfer successfully when a move is uncontested and is in the wards best interests. If you're looking to transfer a guardianship to a new state, be sure to connect with a qualified elder law attorney for help.

Individuals experiencing illnesses can benefit from having someone attend appointments with them and support their best interests. Often, close friends or family take on this role. Professional patient advocates, however, can step in when friends or family cannot be at the hospital or a patient prefers having the help of a qualified professional who understands the healthcare system.Experienced patient advocates may have legal and medical knowledge that friends and family lack. Many professional patient advocates have experience as doctors or nurses, or as social workers or lawyers.Hospital patient advocatesSome hospitals provide a professional patient advocate for you. Many insurance programs cover hospital-based patient advocates, making their services a cost-effective option for some patients. Additionally, some patients may appreciate that their hospital has already vetted their patient advocates. You may still prefer, however, to hire an independent patient advocate who may provide objective advocacy.The cost of professional patient advocatesHiring a patient advocate can be expensive charging between $75 and $500 per hour.However, patient advocates who understand healthcare rules and regulations can use their knowledge to help their clients avoid unnecessary expenses. For instance, patient advocates can help make cost-effective travel arrangements, review hospital bills, and assist with insurance claims.How professional patient advocates can helpProfessional patient advocates can assist patients in other ways as well, including:Scheduling appointmentsAttending appointments with patients, taking notes, and asking questionsCommunicating medical information to family membersEnsuring nurses wash their hands and follow other safety procedures when a patient is staying in the hospitalResolving disputes with doctorsFinding specialists in the patient's insurance networkReviewing statements and identifying billing errorsAppealing insurance denialsAlthough professional patient advocates can help patients understand their illnesses and treatment options, they don't make healthcare decisions for the patient. Only the patient, a healthcare agent under a healthcare power attorney, or a legal guardian can decide whether to prolong a patient's life and what kind of end-of-life medical interventions to carry out. Professional patient advocates also need the patient's consent to get private health information from the patient's healthcare provider.How to find a professional patient advocateProfessional patient advocates are certfied by the Patient Advocate Certification Board. If you wish to hire a professional patient advocate, consider asking for references and reviewing a professional patient advocate's background before employing them.For a directory of professional patient advocates, check out the following resources:The National Association of Healthcare Advocacy ConsultantsAdvoConnectionThe Alliance of Professional Health AdvocatesGreater National Advocates

There are many reasons to choose senior living. The process can seem daunting. The most important thing is for seniors to have a place to live and thrive in an environment that is best suited to their needs.There are three categories of reasons to choose a Personal Care Community: SUPPORT: Has your loved one recently lost a spouse? Is your life being affected by trying to care give? Does your loved one feel they are burdening their in-home care provider? When choosing senior living, your loved one and family members get the support they need to grieve a loss, process the emotions of life changes, as well as lift the burden of having relatives/friends serve as caregivers. SOCIALIZATION: Have you noticed a loved one withdrawing from activities and socialization? Has your loved one lost the ability to drive? As seniors age, their abilities and desires change. Many times, seniors start withdrawing from social opportunities due to depression, confusion, transportation and an overall lack of knowledge of what options are available. There are programs and services available that are built around the need seniors have to regain independence and maintain dignity as they age. SERVICE: Have you noticed deferred maintenance in your loved ones home? Is your loved one missing meals or bills going unpaid? Most Personal Care Communities provide everything todays seniors need to thrive: transportation to social and personal appointments, a culinary department with prepared meals, a program where employees handle much of the process of transitioning. When residing in a Personal Care Home, maintenance, transportation, housekeeping and all utilities are normally included. Some Personal Care Communities also provide Memory Care for your loved ones suffering from dementia. Editors Note: Article submitted by Anthology of McCandless. They can be reached at 412-392-7000 or at www.AnthologySeniorLiving.com

For families seeking nursing home care for a loved one, getting information on what a nursing home is truly like or who owns it is easier said than done. Many rely on word of mouth, referrals, or recommendations. Others must depend on their gut instincts and site visits as part of their decision-making process. Family members often find themselves playing detective or hoping for the best. Much of this is because little information has been made available to the public. However, recent events show this is changing. New Efforts to Increase TransparencyState and federal governments recognize the lack of transparency or data available to ordinary people regarding nursing homes. Some are taking action to try to change this. In September 2022, the Department of Health and Human Services announced that the Centers for Medicare & Medicaid Services will provide a way for users to search for data regarding who owns a nursing home. Similarly, Medicare provides an online tool that allows you to find nursing homes in your area and compare them against others. States such as New York have also set up sites for visitors to compare the quality of care, quality of life, safety, preventative care practices, and inspection and complaint information of nursing home facilities. There are limits to the data available. For example, the data on the Centers for Medicare & Medicaid Services regarding ownership is self-reported. This means data on hundreds, if not thousands, of nursing homes is unavailable. In addition, untangling all this information and determining whether a nursing home is a good fit is not easy and may feel like a guessing game to some. However, there is a consensus that more information must be made available to the public, and a proactive effort is underway. As the data banks grow, researchers will be able to identify facilities owned by companies with a history of poor performance within other facilities or that may have other troubles. For example, in 2022, the Department of Justice charged the owner of the nursing home chain known as Skyline with failing to pay employment and unemployment taxes for more than 15,000 employees at 95 facilities in 11 states to the tune of a bill for $29.5 million owed to the IRS. The fallout was terrible for nursing home residents all over the U.S. who had to find new homes as staff were told there was no more money to pay them.Hopefully, the search tools, once further developed, will allow viewers to see whether the nursing home they are considering is affiliated with troubled facilities they may have heard about.What You Can Do NowSo, what can you do in the meantime? Checking out the above resources is an excellent first step. Another option is to look up your states portal for nursing home complaints. Many of these are online and have links to comparison tools and other resources. Several public projects have also created a database of nursing home deficiencies cited by regulators and incidents of penalties, such as ProPublicas Nursing Home Inspect.Finally, consider seeing if the nursing home you have in mind is active in your local courts. They may frequently try to sue residents or guarantors for bills or be subject to elder abuse and malpractice complaints. Some court systems have online search systems that allow you to view the details of all filed cases online, while others may require a trip to the clerks office. This can be invaluable in giving you an idea of what the nursing home environment is like behind closed doors after all the paperwork is signed.The best position to be in is to have as much information as possible. Whether it be through online searches or in-person visits, do as much research as possible. Find more answers to your nursing home questions on ElderLawAnswers.com.