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…
The biggest retirement gaff is not focusing on the planning needs, rather it is not planning comprehensively. Generally, planning is done in pieces. Financial planning, health planning (or more appropriately, health repair), legal planning and to some extent planning around housing issues. The problem generally is that there is no communication within these various professionals and therefore advice you get is not comprehensive advice. AARP article at least puts all the planning pieces together for you to consider. The next step for you should be reaching out to a planner that addresses all these issues under one roof, if you can find such a person. Some resources to help with planning for your future.
Top 3 concerns in retirement: unable to do things I want to do; not being able to care for my own needs; unable to drive. This and much more on aging issues.
The Fiscal Times reports that some 70% of seniors 65+ will need long term care and some 20% will need the care of others for 5 or more years. Yet, we are simply not prepared as a nation to deal with the situation. The Class Act, being offered as an option, is no more than a ponzi scheme Madoff would have been proud of. The answer lies in taking responsibility to build a tri legged stool: savings, private insurance and public insurance-assistance.
Women need to be better prepared to deal with Alzheimer’s disease related issues. Some 65% of total Alzheimer’s patients are women and majority caregivers (60%) are also women. Without proper advance planning women are truly at the highest risk of falling victims in many different ways.
500,000 adults in Washington could lose prescription drug benefits. This is just the tip of the icebergs on how the state is planning on dealing with the budget woes.
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.
My wife and I both are going to be eligible turning 62 this year, and she didn’t work near as much as I did, so her benefits are much reduced. I understand she can draw 50% of what my Social Security is.She turns 62 sooner than I do and will begin drawing from hers, and I would like to wait until I’m a little older to start drawing.Can she convert to 50% of my social security when I start drawing mine?
Yes. Right now she will not be able to take 50% of your social security. She gets 50% of your social security when you turn retirement age. She can collect 50% of her social security right away.When you decide to draw yours, she can switch over to the higher social security under your name.
If you wait all the way until 71, you will get a much higher check.
If you start the process of taking social security at age 62, and you take that money religiously and put it into a bank account as if you do not have it.At age 66, you can take that money plus interest, keep your interest, and give the money back to social security.This will increase your benefits as if you never took the money out in the first place.The problem with this course is that if you are working, it may become a little complicated.
My father passed away and I am the executor of the estate. I now have everything reduced to cash. My dad had some losses in his long-term brokerage account and the longer we leave the money in there, the more we will be recovering. How much time do I have to distribute everything and pull the money from the brokerage account?
Legally you are required to close the estate as swiftly as possible. By being the executor, you’re an officer of the court. That means you are supposed to follow the rules the way they are written. They require the executor to act as swiftly as possible to allow the beneficiaries can get all the money. There is no time-line per se. I would guide my client in this particular situation would be to get all the children to agree and file the report to the court stating your reason for withholding the distribution of the funds.
The Administration on Aging, along with a number of non-profit organizations, has created a new legal resource web site that is available to consumers, attorneys and advocates alike. It is a good starting point for anyone researching the legal rights and benefits of older Amercians. You can reach the new site by clicking here.
My mother recently passed away. My father is 94 years old. The trust contains a house, with my eldest sibling as the executor of the estate. My father does not have power of attorney set yet. I have moved in with my father to take care of him, although I am still paying for my apartment until the end of the year. I would like to live in the house for less than one year after he passes away to allow time to get the house ready to sell and find my own place. Am I being unreasonable?
My father is worried about making anyone upset and is unwilling to sign anything stating I can stay here although he has told me he does not have a problem with it, though others might. What should I do?
It is not unusual for caring family members and children to step up to the plate to make someones life better. The alternative to this is that it is likely that if she does not step up to the plate the father will have to go to an institutional care setting. If in a family of several children, one child steps up, it is my experience that the other children will be thankful that they do not have to give up their lives. But at the end of the day, when the father passes, everyone seems to forget. Everyone gets fixated on the issue of inheritance.
Your siblings need to come together with your dad and discuss what needs to happen for his needs. He can have it stated in his will that my daughter has the right to live here for one year, and no one will have the right to do anything. If they cannot solve the issues, it may go to court, in which case it would be up to the attorneys, who may decimate the estate and fuel the fires to the interests of the attorneys and not the family.
I feel like it is a personal aspect in terms of being reasonable. If she chooses not to step up to the plate, than someone else will need to be paid to do so. In this case, she would be paid for caring for her father through private resources and government programs. This way everyone comes out better.
One of my client Vicky calls to ask for advice regarding her aging father living in North Dakota in a nursing home. Stepmother rarely visits Dad in the nursing home and daughter would like to bring Dad to Washington so she can help care for him. Vicki relates that in a previous conversation when she had suggested the move, her dad had raised concerns over not being able to see his wife and thus refused the move. Stepmom has the power of attorney over Dad and may not be cooperative. Dad has been married to stepmom for several years.
Here is my advice to Vicky, you are dealing with a sticky wicket. I admire your dedication to your father. But the fact is that so long as your dad has any capacity to understand the issue and form an opinion about it, you will have no say-so. This is about your dad, not you. Your dad made the decision to marry your stepmom and give her the authority to make decisions on his behalf if he became incapacitated. People do strange things. As hard as it is for you to see your dad alone in the nursing home without visits from your stepmom, that is the choice your dad has made. Legally, you can seek guardianship over your dad, but guardianship will be granted only if you are able to show that your stepmom is negligent in her duties as agent under the power of attorney to your dad. Not visiting your dad regularly may not be enough for you to be successful.
My advice would be to discuss this issue with your dad and stepmom and propose that you are willing to relieve your stepmom of the overwhelming responsibility of caring for your dad. I am sure that somewhere deep down, your stepmom knows that she is not being a good support person and may be willing to give up her role as agent under power of attorney. If that does not work, I would have you think hard about your legal right to seek guardianship. Unless your dad approves and will not suffer from losing his ability to see your stepmom, I would advise against it. What is the point of moving your dad if he is going to be miserable? He will likely resent your involvement and die a broken-hearted man. Resolve yourself to visiting your dad as often as you can and letting him know how special he is. And keep working on a solution that is acceptable to your stepmom as well.
Next, should you decide to move your dad, involve a care manager from the start to help you understand your options about his care. If you are willing to bring him to your home, the care manager will assist in developing a care plan that will allow this to happen without becoming overly burdensome to you alone. If living at home is not an option, the care manager will guide you through the process of selecting an appropriate housing alternative that will address your dad’s needs and resolve your concerns.
What is the similarity between the characters in the musical “Fiddler on the Roof” and attorneys? Tradition!
