January 2023

Elder Law Update
 
 

With 48 million families supporting someone in long-term care across the United States, all too often long-term care becomes the target for illegal activity that leaves the families who were simply trying to care for their loved one at a loss. However, you don’t have to become a victim.

 

TAKE TIME TO UNDERSTAND YOUR LOVED ONE’S ADMISSIONS CONTRACT

 

When securing a long-term care facility for your loved one, you will have to decide whether or not to sign an often lengthy and confusing admission contract. Yet, many caregivers do not understand what they are actually signing, providing the perfect opportunity for a facility to add illegal clauses that families unknowingly agree to.

 

For example, some admissions contracts include a clause that states a caregiver must pay the resident’s bill in the event that the resident cannot afford to do so. However, clauses like this are generally illegal. Yet, in the event that you unknowingly agreed to this clause in the admission contract, the nursing home can hire debt collectors, including law firms, to demand that you pay the unpaid bills; sometimes even going as far as personally suing you for the outstanding balance or reporting the debt to consumer credit reporting companies under your name.

HOW TO SPOT THE RISKS IN YOUR LOVED
ONE’S CONTRACT

 

Oftentimes you may not realize your loved one’s contract includes these clauses until the nursing homes attempts to collect from you personally. If you are already experiencing this pressure from a nursing home, it is important to reach out to a knowledgeable elder law attorney who can review the contract you signed and advise you on the best way to proceed.

 

If you haven’t yet signed a contract, it is a prudent idea to have the agreement reviewed by an expert elder law attorney so they can ensure these clauses are not present. At the very least, pay special attention to verbiage such as “responsible party” or “joint and several liability” in the admissions contract. Some contracts also include language about the caregiver’s liability for a completed Medicaid application or make the caregiver jointly liable with the resident for nursing home bills. In any event, make sure you read the contract thoroughly before you sign it.

 

HOW TO HOLD BAD ACTORS RESPONSIBLE

 

If you believe you are in a situation as described above, the best thing to do is to speak with an elder law attorney in your area about what you are experiencing. The attorney will be able to advise you on next steps, and help report the nursing home for illegally seeking money from you.

 

You can also report the nursing home for violating the Nursing Home Reform Act. To do that, you will need to contact your state’s nursing home survey agency and file a complaint with your state attorney. An experienced elder law attorney can also assist you with these actions.

 

Finally, if you are having a problem with a debt collector, you can submit a complaint to the CFPB online or by calling (855) 411-2372.

If you would like to discuss your situation with an experienced elder law attorney, contact us today for a consultation.

divider

According to a 2021 survey conducted by the Pew Research Center, nearly a quarter of U.S. parents find themselves struggling as part of the “sandwich generation,” those who are caught in a squeeze as they tackle caring for both their own parents and their children.

 

Being a multigenerational caregiver can be a financial, logistical, and emotional challenge to say the least. Add to that the stigma in the U.S. of care work being considered the responsibility of the family, coupled with moral judgments on what it really means to be a good parent or child. And yet, the burden of providing care to two generations is only expected to grow because not only are the number of people aged 65 and older projected to significantly increase by 2050, but Americans are continuing the trend of having children later in life as well.

 

SO WHAT CAN CAREGIVERS IN THE SANDWICH GENERATION DO?

 

TAKE TIME FOR YOURSELF. It may seem counterintuitive, but prioritizing self-care is extremely important for caregivers. This can even be as simple as prioritizing your meals, drinking water, and sleeping as regularly as possible. But it is also important to make time for activities you enjoy so you can sustain your own mental health and sanity. Remember, you can’t take care of others properly when you aren’t taking care of yourself.

 

EMBRACE COMMUNITY SUPPORT. Finding support and utilizing community resources can be a complete game changer for caregivers. Community relationships can come from something as simple as accepting an extra set of hands when they’re offered, to signing up for programs in your community that provide assistance services. It can also be important for caregivers to connect with each other because who will better understand what you are dealing with on a day-to-day basis than someone in your shoes? So, seek out support groups or have open conversations with people in your life who you know are dealing with similar stresses.

 

SHARE THE LOAD. Caregiving tasks can be delegated. You don’t have to do it all on your own. Don’t be afraid to ask other family members for help. Consider also reaching out to friends and neighbors. You may be surprised how willing those close to you are to lend a hand and offer support when you need it the most. And, assuming it fits into your budget, you can also seek out hired help for tasks that are adding stress, simply because you never seem to have time – like cleaning the house.

 

At the end of the day, care doesn’t have to be an all or nothing situation. There are ways for caregivers to ease their stress while still being there to care for the ones they love.

divider

ONLINE SEMINARS

 

Estate and Trust Planning

Saturday, February 18 10:00 am - 11:00 am

This easy to understand, one hour seminar will help you to learn how to protect your family and wealth.

Register Now

 

3 Reasons to Invest in a Senior Asset Protection Trust

Saturday, February 18 11:30 am - 12:00 pm

Learn how this Trust will protect your lifetime savings.

Register Now

IN-PERSON SEMINARS

 

5 Strategies to Protect Senior Savings from Medical Costs

Tuesday, February 28 2:00 pm - 3:00 pm

Register Now

Should you have difficulty registering, please contact us at
(703) 448-6121 or rukhsar@miorinilaw.com.

divider
Yahne in France

 

Yahne went to France to celebrate Christmas with her family.

Emma at Disney World

 

Our Associate Attorney Emma Goetzman visited Disney World with her nieces during the holidays.