Ensuring that one’s wishes and directives are clear and carried out demands so much more than just getting some legal documents drawn up. The facilitation that an elder law attorney provides families in anticipating and planning around potential scenarios makes all the difference in not becoming a burden while preserving family harmony.
Read our selection of blog posts and articles below regarding legal issues you should consider.
Here is Rajiv’s insight into the Service Employees International Union (SEIU) proposed training legislation, in which he takes into account 2 articles published this week in the Seattle Times… one on the News pages, the other on the Opinion Page.
“I agree with the position that Initiative 1163 does not have the best interests of Washington seniors at heart. SEIU has only their membership in mind, not the impact on the broader community. The problem is not necessarily training, or lack thereof, for Washington’s healthcare workers. The problem is this we are in a time when Medicaid is reducing funding to adult family homes, home care agencies, nursing homes and others. Therefore, it is not rational at the same time to propose a bill that mandates these same groups take on additional expenditures, which they will be required to do if the initiative passes. I agree that the healthcare workers are underpaid and therefore create a perpetual revolving door environment, but now is NOT the time for people to be selfish and look out for their interests over the welfare of a senior community facing cutbacks in services. Finally, with the recent focus on the plight of victims in the long term care world in the newspapers and media, businesses are being forced to recognize the issue. A better solution at the current time would be to hold businesses responsible for poor performance, but not add costs to those providers who are already providing excellent care. I would urge people to defeat initiative 1163″.
A Congressional briefing on “observation status,” sponsored by Congressman Joe Courtney (D. CT), was held yesterday afternoon to examine Medicare beneficiaries’ being denied Medicare coverage for care in a skilled nursing facility (SNF) when their prior stay in an acute care hospital is labeled “outpatient observation” rather than inpatient. The Center for Medicare Advocacy organized and chaired the briefing for Congressional staff. A broad coalition of organizations urged Congress to support pending legislation which would ensure a full and fair Medicare program. See the full CMA article here…
Typical concerns about Powers of Attorney
I’m afraid that the person I appoint won’t manage my affairs properly
giving someone the potential power to manager affairs can be frightening. This is why it is important for you to appoint someone you trust to be your attorney. She must use your finances as you would for your benefit. Giving someone a power of attorney does not limit your own rights in any way. It simply gives the other person the power to act when or where you cannot act.
Does a power of attorney take away my rights?
Absolutely not. Only a court can take away your right to manage her own affairs, through a conservatorship or guardianship proceeding. In attorney simply has the power to act along with you, and as long as you are competent, you can revoke the power of attorney.
I don’t have anyone I trust enough to give them power over my affairs
if you do not have someone you trust to a point, it may be more appropriate to have the probate court looking over the shoulder of the person who is handling your affairs through a guardianship. In that case, you may use a limited durable power of attorney to simply nominate the person you want to serve as your guardian. Most dates require the court to respect your nomination "except for good cause for disqualification."
What if I change my mind?
You may revoke your power of attorney at any time. You need to send a letter to your attorney telling her that her appointment has been revoked. From the moment the attorney received a letter, she can no longer act under the power of attorney. If you have recorded the power of attorney with the land records of your County or at the probate court, you must record the rev
What is the similarity between the characters in the musical “Fiddler on the Roof” and attorneys? Tradition!
All of my clients deal with estate planning issues: The majority of my clients who have planned their estates have done so under the traditional notions of estate planning which, unfortunately, leaves them largely exposed to the threat of uncovered long-term care costs.