May 15, 2020 | Elder Law |
Ryan McNeill For over 40 years the month of May has been designated as a time to acknowledge and give a voice to seniors. Since its declaration in 1963 as “Senior Citizens Month” by President John F. Kennedy, the title has evolved into National Elder Law Month. With help and support from The National Academy of Elder Law Attorneys (NAELA) National Elder Law Month every year during the month of May attorneys in the field of elder law provide information, materials, resources, and legal direction to their communities. Why National Elder Law Month is Important? Having May designated as National Elder Law Month highlights and brings awareness of legal issues and problems seniors or caretakers of seniors may be dealing with. Whether you have just reached the age of being considered a senior or you are the legal caretaker of an individual who is a senior, knowing your rights within elder law is important. Elder Law Practice AreasNot all areas of elder law apply to every individual. An elder law attorney can help you determine what areas might be applicable to the situation you are encountering. Depending on your situation an Elder law attorney can practice in many areas that may include but are not limited to: Estate PlanningAsset Protection PlanningLong-term Care PlanningSpecial Needs TrustsRetirement PlanningMedical Directive If you, a family member or a loved one need legal help or assistance, remember it’s never too late to plan. For more information, make your appointment with an elder law attorney at Brinkley Walser...
Oct 16, 2019 | Elder Law |
Bradley Hunt While con artists may target anyone, older Americans are often seen as an easier target. Seniors should not have to worry about scams, con artists, or losing money to dishonest people. Sadly, statistics show that is the case for a lot of older Americans. According to a 2019 article by CNBC contributor, Maggie Fitzgerald, “Seniors lose an estimated $2.9 billion annually from financial exploitation.” That is a disturbing statistic. Why Target Seniors? Why do scammers target senior citizens? They believe seniors will be more likely to fall for their scams. Advancements in technology have made it easier for scammers to target unsuspecting consumers. Age, income level, or lack of understanding can be contributing factors in scams targeting seniors. Scammers have even gotten good at spoofing phone numbers to make it appear they are coming from a legitimate source and many of the emails they send look and sound like they are coming from real companies. Common Scams According to the National Council of Aging, there are 10 common scams used on seniors. Medicare/health insurance scams Counterfeit prescription drugs Funeral & cemetery scams Fraudulent anti-aging products Telemarketing/phone scams Internet fraud Investment schemes Homeowner/reverse mortgage scams Sweepstakes & lottery scams The grandparent scam The National Council of Aging also states that telemarketing and phone scams are the most common among senior citizens. Protecting Yourself Sometimes it can be hard to know if you are being scammed or taken advantage of. The North Carolina Department of Justice (NCDOJ), however, gives great tips on how consumers of any age can protect themselves. Top Five Consumer Tips from the NCDOJ Say...
Aug 19, 2019 | Elder Law |
By Ryan McNeill Many Medicare recipients are being stuck with excessive hospital bills from a practice called “observation care.” According to Kaiser Health News the term “observation care” is defined as care provided by hospitals “for patients who are not well enough to go home but not sick enough to be admitted.” Inpatient vs. Outpatient While the patient may believe they have been admitted to the hospital if their visit is coded as observation care, Medicare pays under its Part B rules (inpatient care is covered under Part A). For patients without gap coverage, this means they will be responsible for 20% of the bill. Medicare has strict rules related to when a patient should be admitted, so hospitals and doctors often keep patients for observation care for up to three days. During this time, the patient can be treated in the hospital and receive the same care as an admitted patient. After treatment, the physician and hospital then decide if the Medicare recipient will be admitted as an inpatient or released for further outpatient services. Unfortunately, even when hospitals tell patients they are there under observation care and have not been admitted, many do not understand the implications. While they can appeal to the hospital at that point, patients who do not do so are often surprised with a bill they cannot afford to pay and have no option to appeal. Skilled Nursing Facilities If the patient is released to go home, the hospital bill without gap coverage may be a struggle. The biggest surprise, however, may come if the patient requires skilled nursing care after being released....
Mar 28, 2019 | Elder Law |
By Ryan McNeill, Attorney at Law There are many areas of law and sometimes they overlap. That can lead to confusion about the different functions performed by an attorney in each role. Sometimes a client might think they need an estate planning attorney or real estate attorney, but might really need an elder law attorney due to this overlap in areas of practice. The role of an elder law attorney includes a wide range of topics, not all of which are handled by someone who only does estate planning or real estate. So, what does an elder law attorney do? Elder law attorneys work with individuals or families dealing with legal issues that often come along with aging. These may include: Healthcare and financial powers of attorney Long-term care planning Medicaid planning Guardianships Special needs planning Updates to wills or trusts Living probate Elder abuse Nursing home law Probate The elder law attorney may also help find and coordinate resources to help clients. Some examples may include suggesting local Alzheimer’s or dementia resources, working with a Realtor to sell property as an elderly parent moves into a long-term care facility, helping with the sale of a business, or recommending caregiver support groups. When should I speak to an elder law attorney? Consulting with an elder law attorney before there is a crisis is always best, though not always practical. We often have clients schedule appointments in the following circumstances: You, a spouse, or a parent is diagnosed with a progressive illness or are severely injured in an accident and are expected to need long-term care; if you are married,...
Oct 11, 2018 | Elder Law |
Updated for 2018 Placing a loved one in a long-term care facility is often one of the hardest decisions a family must make. As our population has aged, the number and type of these facilities have increased to accommodate the need. There are active adult communities, assisted living centers, special care units (memory care, palliative care, and others), nursing care facilities, residential care and specialized facilities for Alzheimer’s and dementia patients. Also available are progressive care campuses that offer residents a continuum from independent living through full nursing care. The search to find the “best” or “right” facility can be confusing and stressful. The challenges are compounded when a sudden health issue requires a quick decision. Not all long-term care facilities are created equal, and you want your loved one to have the best care possible. Here are some things to consider and some resources available here in North Carolina to help you make your decision: North Carolina adult care facilities are licensed and inspected by the state. There is a star rating system based on the annual inspection results. You may search by county, city or facility name. This is a good place to start but should not be the only factor in your decision. The search page is located at http://www.ncdhhs.gov/dhsr/acls/star/search.asp. Look at Medicaid’s nursing home comparison tool located at http://medicare.gov/nursinghomecompare/search.html. You can choose up to three facilities to compare. Note: Medicare is implementing a new star rating system. You can find a thorough explanation of the new rating system and how to review the facilities in comparison to the current star system. Tour the facility at...
May 9, 2018 | Elder Law |
There is a lot going on in May. In addition to honoring all the mothers out there, we also celebrate Older Americans Month and National Elder Law Month. As we grow older and wiser (we hope!), it is important to remain engaged. Today’s seniors are more active than ever, spending time working, volunteering, traveling, or mentoring younger people. Many also talk to estate planning and elder law attorneys to plan for their future or regarding issues related to the care of their loved ones. What is Elder Law? Elder law encompasses a wide range of legal topics, including healthcare directives, healthcare and financial powers of attorney, long-term care planning, Medicaid planning, guardianships, special needs planning, and similar matters. Elder law attorneys may also help coordinate public or private resources to assist the client and handle estate planning or probate matters. What is the Difference Between Elder Law and Estate Planning? Estate planning is often referred to as “wills and trusts” and involves determining how an individual would like his or her estate distributed upon their death. It also covers advance directives, powers of attorney, special needs trusts, digital asset review, and asset protection planning. There is some overlap between estate planning and elder law, though not all estate planning attorneys necessarily handle every aspect of elder law. When Do I Need an Elder Law Attorney? Many of our clients are adult children whose aging parents require legal assistance related to elder law issues. You may wish to speak to an elder law attorney if you, a spouse, or a parent is expected to need long-term care, is no longer...
