How to Know Your Personal Needs Allowance

A Personal Needs Allowance (aka PNA) might be another unfamiliar term for you. It can be confusing, but it doesn’t stay that way if you know what it is and what it does. Let’s take a look and clear up any confusion you might have right now:

What is a Personal Needs Allowance (PNA)?

It’s exactly what it sounds like it is: a standard amount of income than an institutionalized client can use for things like housing, clothing, personal items or other incidental things. The personal needs allowance might also be referred to as the Clothing and Personal Incidentals (or CPI). It is taken from the client’s countable income when determining the cost of care responsibility.

How is PNA Determined?

The PNA is determined according to the client’s living arrangement, any authorized services, and marital status. If someone is in multiple settings per month, the personal needs allowance that is used in the cost-of-care evaluation will be the highest PNA the person was eligible to receive at any point throughout the month.

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source http://www.scottcounsel.com/2018/10/01/how-to-know-your-personal-needs-allowance/

Healthcare Assessment and Evaluation

A health care assessment may be necessary to help you get the proper assistance and care that you’ll need later in life. It may also be called an “assessment of need.”

When you go for the assessment, oftentimes there will be a specialist (normally an occupational therapist) who will look over your specific needs and discuss them with you. In doing so, they ensure you receive the correct, best support you need wherever you need it. Needed services might include things like healthcare, equipment, help in the home, or residential care. The assessment should show which needs are vital, and show any risks you run if you weren’t getting help. If need be, the local health and social services teams will put together a support package for you and talk about it with you, and also write up a care plan. This may include services from both private and voluntary organizations. If other services are required, such as housing or benefits advice, you will be able to get in touch with any necessary local services.

Some services and support you could receive include the following:

• Home care help with things like cleaning and shopping
• Disability equipment and adaptations to the home
• Day centers to give you or your caregiver a break
• Day care for your child if either you or they have a disability
• Residential care or nursing home care

 

If you’ve gone through the assessment and it’s been determined that you require help from social services, you could potentially get direct payments to choose and purchase them on your own. Otherwise, you can get them directly from your health trust.

You should be aware that a great many people’s health and social needs change over time. You should make it a point to regularly review your plan, and it should be done at times or intervals that have been previously specified in the care plan or at any other time it is deemed necessary to do so.

If you desire to be reassessed thanks to a change in your needs, you’ll need to contact your local trust. You can also find out more about the health and social care needs assessments available in your area by doing an online search for those things where you live.

 

 

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Family Support for Long-Term Care in the Home

Caring for an elderly loved one can be a huge undertaking. You want to care for your loved one, but the task may prove to be too much to handle if caregivers are not receiving the support they so desperately need. That’s why it is vital that all available family members who are willing to help actually do so. That means switching up tasks or asking to watch someone while another family member takes a much-needed break. It is important to remember that the care recipient isn’t the only one who needs looking after. It is just as important (if not more so) for caregivers. Also, finding and joining a caregiver support group in your area can be a great way to get encouragement and support from others who are also going through the same experience. Scott Counsel can help you find any caregiver support group(s) that may be in your area.

Remember: If a caregiver isn’t properly cared for and supported themselves, the loved one they’re trying to care for isn’t going to receive the level of care he or she needs either.

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source http://www.scottcounsel.com/2018/09/28/family-support-for-long-term-care-in-the-home/

Medicaid Planning Strategies

Medicaid is a huge program, and one that can be incredibly confusing to figure out. Rules vary by state and change all the time, so a Medicaid Planner can be beneficial in helping you prepare to take the journey of Medicaid eligibility. While there are in fact public employees that can help you by offering free assistance to those qualified individuals, the unfortunate truth is that not everyone is qualified for free assistance, so hiring a Medicaid Planner is a necessity in those instances.

If you’re worried about the cost of hiring such a person, you should be aware that the average cost of a Medicaid Planner is less than what it costs for a one-month stay in a nursing home. While there can be numerous costs when it comes to hiring a Medicaid Planner, it really is dependent on the Planner him/herself, as well as the specific needs of the person or persons hiring the Planner.

If you are confused or have any questions on Medicaid or how to begin the eligibility determination process, you can always talk to an elder law professional as well to help point you in the right direction.

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source http://www.scottcounsel.com/2018/09/27/medicaid-planning-strategies/

Knowing When to Intervene

Going for regular visions tests is important for everyone, but especially those elderly family members in our lives.  If you are with your loved one in the car and notice continuous or consistent squinting or leaning forward trying to make sense of things, or perhaps they may be swerving a lot, it could be time for a discussion regarding their fitness to drive. You may meet more than a little reluctance, and it most certainly will not be an easy conversation to have.

Something that might help is simply letting them know that you understand their displeasure. You don’t like the idea of the conversation any more than they do, because you don’t like seeing them struggle to do something that a vast majority of society often takes for granted. Conversely, they could even open up to you about the struggles they’ve been having when it comes to driving. If so, it can work to alleviate much of the pressure both of you are probably feeling.

However, if you are met with that aforementioned reluctance, it may just be because they are afraid and don’t want to face that fear. If you’re getting the sense that your loved one is fearful, there are some ways that you can help.

First and foremost, suggest a vision test so that you both can know exactly what it is that’s causing the issue. It could be that they just need a new pair of glasses or an updated prescription for their current pair. Whatever the root issue is, it’s likely to leave them feeling apprehensive. You can help them by offering to make trips to the grocery store or running errands for them.

The most important thing is that they know they are not alone in dealing with this problem or these issues, whatever the circumstances. That can be a great load off of them mentally, as it frees them up to accomplish the tasks they can while not worrying so much about those they can’t. If you and they are still facing reluctance, simply reassure them that you understand they don’t like it—that you don’t like it either, but you want to help them to live as normal and fulfilling a life as they are able. If you can do that by just driving for them or running errands, then it might take some getting used to, but eventually things will turn out for the best—for both of you.

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Identifying a Family Representative and Caregiver

Taking care of an elderly loved one is a monumental undertaking, and choosing a specific member of the family to act as representative, or bestowing on him or her the title of “Caregiver” is something that should not be taken lightly. If you or others in your family don’t feel comfortable doing this on your own, you can always enlist the help of a trusted elder law attorney, such as those at Scott Counsel, to help guide you through the process of beginning the long journey of elder care. This way, you lessen the strain placed on yourself, your family, and, perhaps most importantly, the loved one for whom you are caring.

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source http://www.scottcounsel.com/2018/09/26/identifying-a-family-representative-and-caregiver/

Independence and the Elderly

We all want to be independent. Everyone wants to be able to do things on their own. That’s the very definition of independence! Being able to accomplish a task, no matter how simple, without the aid of someone else brings good feelings—accomplishment and pride. And while independence is something that’s important to everyone, let us not forget that a sense of independence doesn’t have an age limit. It’s just as important to the elderly as it is to younger generations.

Getting older, however, often brings its own limitations into the picture, thereby hindering the goal of being independent—at least to the degree we or an elderly loved one wants to be. A lot of the time, seniors can live completely normal, independent lives. But there are some that may experience some issues such as decreased mobility or illness that can prove to be a stumbling block for them. If this is the case, then a caregiver may be just who they need to help them keep that sense of independence they once had and that which they now crave, even if it isn’t to the extent it once was.

Going hand in hand with that feeling of independence is that the elder be involved in his or her own care. Unless specifically stated otherwise, they should be allowed to do the things they are still capable of doing. Many older adults can still do things in daily life, like light chores (cleaning, cooking, or even grocery shopping), and all of these can be vital to providing them with and maintaining a sense of independence.

If you are considering becoming a caretaker for an elderly individual, you should know that besides performing normal household duties, you also need to be willing to participate in other activities with the senior, like playing games, going for walks, eating together or simply having a good conversation. It’s crucial that the elderly people living on their own be involved in caring for themselves, since that can work to instill a sense of purpose in life for them. That, in turn, will lead to that sense of accomplishment we mentioned before and helps to solidify that sense of stability and independence.

While some may not be able to quite reach that end goal of complete independence on their own, all is not lost. By having someone available to help in the areas they need it, that goal can become a part of their daily reality.

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source http://www.scottcounsel.com/2018/09/26/independence-and-the-elderly/

Home Health Care Services

Home Health Care services are exactly what they sound like, but Home Health Care agencies do vary greatly when it comes the types of services they provide. And while home health care and home services do sound similar, home care is medically inclined. Let’s look at some of the medically-related tasks home health care helps with:

• Provides or assists with patient’s personal care, including but not limited to: bathing, shampoo hair, oral hygiene, and general skin care. Helps patients with dressing or grooming. All care is consistent with a “Plan of Care.”
• Helps patients or clients with mobility and ambulation, with consistency to Plan of Care. Such things might include transfers, assistance with walker use, etc.
• Prepares and serves meal, as needed. May also feed and/or give fluids as directed in Plan of Care.
• Helps patients with toileting activities, including, when appropriate: bedpan use, commode or toilet; or changing diapers. Takes and records oral, rectal and auxiliary temperatures, pulse and respiration, and/or blood pressure.
• Turns and positions those who are bed-bound, and provides preventative skin care techniques like back rubs and other measures.
• Performs a range of motion and other simple things as instructed by therapists or nurses.
• Helps patients and clients in the self-administration of medicines. Aides do not administer medicine but assist patients.
• Performs household tasks like changing sheets, washing dishes, vacuuming and dust mop floors, dusting furniture, grocery shopping, emptying trash, etc. as appropriate and outlined in Plan of Care.
• Reports observations in a timely manner to RN Case Manager, in order to get nursing attention to patient changes or other urgent needs, as well as documentation of observation and duties.
• Makes use of personal protective equipment when completing tasks where contact with blood or body fluids is possible. Involve patient is socialization or other types of diversionary activities to help with mod and self-esteem enhancement.

In the realm of Nursing Care, RN’s or LPNs give more advanced skilled care, like:

• Skilled Nursing evaluations
• Observation and assessment
• Catheter care
• Cardiac rehabilitation
• Congestive Heart Failure
• Pre & Post Heart Transplant
• Inotropic Home IV Therapy
• Tracheostomy Care
• Wound care and dressings
• Wound Vac Care
• Injections
• Physical Therapy
• Intravenous Therapy
• Tube feedings and care
• Ostomy care and teaching
• Diabetic care and teaching
• Disease process education
• Post stroke care
• Hypertension, congestive heart failure (CHF) and Emphysema (COPD) care
• Medication management
• Family Counseling and Teaching

And the following specialty services may be provided, dependent on the needs of the client and the resources of the agency:

• Medical Social Worker
• Physical Therapy
• Occupational Therapy
• Speech Therapy
• Hospice Care
• Chaplain Services

If you have any questions regarding how to obtain home health care, you should talk with your doctor, and if you’re considering it, be sure and ask any questions you might have to the Health Care Agency, and share any concerns you may have as well.

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source http://www.scottcounsel.com/2018/09/25/home-health-care-services/

HIPAA: What is It and Why do I Need It?

Many of us have probably heard of HIPAA at one time or another, but we may be otherwise unfamiliar with it, what it does, or why we even need it to begin with. Let’s clear up any potential confusion right now.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that authorized the creation of national standards to be put in place to protect the privacy of a patient’s health care information. The Privacy Rule—which began on April 14, 2003—controls both the use and disclosure of any “Protected Health Information.” What this refers to, in a broad sense, is simply “individually identifiable health information transmitted or maintained in any form which:

• Is held by a covered entity or its business associate;
• Identifies the individual or offers a reasonable basis for identification;
• Is either created or received by a covered entity or an employer; or
• Relates to a past, present, or future physical or mental condition, provision of health care or payment for health care.

HIPAA limits covered entities from sharing any protected health information. These entities include health care providers that conduct electronic transactions, health care clearinghouses, and health plans. It puts a limit on any health care provider or insurance company that uses computers through their normal course of business.

Those entities that violate the terms of HIPAA can face both civil fines and criminal penalties, along with possible jail time. Civil fines can range from $100 per violation up to an annual maximum of $1.5 million in the case of willful violations. Those entities that knowingly obtain or disclose any identifying information can face some criminal penalties, including fines up to $50,000 and prison time for a one-year period. Those who violate the terms with intent to sell, transfer, or use individually identifiable health information for any kind of commercial advantage, personal gain or malicious harm face fines of $250,000 and jail time of up to 10 years.

A well-made medical power of attorney should be sufficient enough legally to authorize an otherwise reluctant health care provider to share any medical information with the health care agent. If the document doesn’t explicitly authorize the transmission of health information, as required by HIPAA, the doctor may refuse to share any such information with the agent, who may need it in order to make medical decisions for you in your stead. Remember, your health care agent cannot act on your behalf until your doctor determines that you do not have the capacity to make decisions on your own, so you might want someone to be able to get access to your records prior to that time.

For example, you might want your agent to call the doctor’s office for questions regarding bills, or to discuss medical conditions you have with the doctor in case of your hospitalization. Having a HIPAA au

thorization can allow them to do that for you.

Because of this, a lot of law professionals often recommend their clients fill out and sign a separate document that authorizes disclosure of any protected health information. This authorization also lets you name someone to be able to have access to any of your medical information so that your doctor or insurance company has no qualms about sharing any protected medical information with them.

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source http://www.scottcounsel.com/2018/09/25/hipaa-what-is-it-and-why-do-i-need-it/

Heat Stroke and the Elderly

As we age, our bodies begin to become more susceptible to a number of things it wouldn’t have when we were younger. We should always be on the

lookout for any hazards if and when we spend ample amounts of time outdoors, especially in the case of warmer weather. There are a great many potentially hazardous things in the environment for an elderly person, but for the sake of time, we’ll focus on just one, as that’s easier than making a laundry list of things to lookout for. That said, one of the deadliest hazards of the outdoors to the elderly, or indeed anyone, is heat stroke.

Heat stroke is the most serious heat-related illness, and it happens when the body suddenly becomes unable to control its own temperature. As temperature increases, the body loses its ability to sweat, thus, it cannot cool down as it should. Body temperatures can raise to 106 degrees Fahrenheit in as little as 10 to 15 minutes, and either death or permanent disability can happen if proper emergency treatment isn’t carried out as soon as possible.

Some of the warning signs and symptoms of heat stroke include:

• An extremely high temperature (above 103 degrees Fahrenheit)
• Red, hot, and dry skin (no sweating)
• Rapid, strong pulse
• Throbbing headache
• Dizziness
• Nausea

Heat Exhaustion

A milder form of heat-related illness that can be brought about from many days of exposure to high temperatures and inadequate or unbalanced replacement of fluids, heat exhaustion can be just as dangerous. The warning signs can include:

• Heavy sweating
• Paleness
• Muscle cramps
• Tiredness
• Weakness
• Dizziness
• Headache
• Nausea or vomiting
• Fainting
• Skin that’s cool and moist
• A fast and weak pulse rate
• Fast, shallow breathing

If you know of an older adult relative or neighbor, there are some things you can do to check on them and make sure that they are safe.

• Visit older adults at risk at least twice during the day and look out for signs of heat exhaustion or heat stroke.
• Encourage them to intake more fluids by drinking cool, non-alcoholic beverages, no matter the level of their activity. However, if the doctor normally limits the amount of fluid they drink or they are on water pills, they’ll need to ask their doctor how much they should drink in hot weather.
• Take them to air-conditioned locations if they have issues with transportation.

If you witness any signs of severe heat stress, you could be dealing with a life-threatening emergency. Have someone call for medical help at once while you attend to the affected individual. Here are some things you should do:

• Get the person to a shady area.
• Cool the person quickly, by using whatever methods you can. For instance, immerse them in a tub of cool water; put them in a cool shower; spray them with cool water from a hose, or if humidity is low, wrap them in a cool, wet sheet and fan the person vigorously.
• Monitor body temperature and continue cooling efforts until temperature drops to 101-102 degrees.
• If EMS is delayed, call the hospital emergency room for more instructions
• Do not give the person alcohol to drink.
• Get medical help ASAP.

 

 

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source http://www.scottcounsel.com/2018/09/24/heat-stroke-and-the-elderly/

Important Documents for End of Life Care

Going through the last stages of life with an elderly loved one is hard enough without also having to try and remember what papers you might need to have ready too. In this article, we’ll take a quick look at some of the documents that everyone should have, and we’ll also see in another article what will happen if you don’t have the necessary documents.

Let’s get started.

The documents that everyone should have include the following:

• Advanced Health Care Directive
• POLST (Physicians Orders for Life Sustaining Treatment)
• Will
• Power of Attorney for Finance
• Final Arrangements

Other things you might need are:

• Trusts
• Beneficiary forms

Now, let’s take a more in-depth look at each of these things, starting with the Advanced Health Care Directive.

Advanced Health Care Directive

What it does: An advanced health care directive allows someone to designate someone to make health care decisions for them if they are unable to speak for and do so themselves.

• It is created by combining a living will with a durable power of attorney for health care
• Versions of this form vary by state, but a form from one state will be recognized in another.
• Many doctor’s offices and hospitals will provide this form at your request.
• Those over 18 should have one
• It should be completed while competent, so you know what you are signing. It should not be signed if you have a mental disability such as dementia.
• It is often used to make decisions regarding feeding tubes, ventilators, or any other treatments for end of life or whenever someone is unconscious.
• It is only required to be witnessed; it does not need to be notarized.

POLST (Physicians Orders for Life Sustaining Treatment)

What it does: The acronym stands for Physicians Orders for Life Sustaining Treatment. It replaces a DNR—or Do Not Resuscitate—order.

• Lets those who have life-threatening illnesses to decide what treatment they do or do not want to receive. They do this with their doctor.
• This document can be helpful if you do not wish for emergency responders to perform CPR and also informs on other such treatments you may or may not want to receive.

Will

What it does: Outlines your wishes with regard to your estate (any money and belongings), and how you wish for those things to be dispersed to family, friends, organizations, and others after you pass away.

• Also known as a Last Will and Testament.
• Laws regarding estates often vary from state to state, but many of them will often honor those wills made out-of-state.
• An attorney for those estates over $100,000 isn’t required, but it’s a good idea to have one help you write the will or look over what you’ve already written with you.
• A will has to be completed while competent, so you know what you are signing. You cannot complete a will if you have a mental complication, such as dementia or Alzheimer’s.
• An executor or administrator can be named in a will, allow you to choose who will pay any final bills and carry out your final wishes.
• The probate court will oversee the executor in order to ensure that wishes are carried out as outlined in the will.

Durable Power of Attorney for Finance

What it does: Gives a person of your choice access to your finances, like a checking account, any investments, or property so that they can pay bills for you.

• Is valid even if you are incapacitated.
• Has to be completed while competent, so you know what you are signing.
• The person you name as power of attorney for finance must be someone you trust. If you don’t, you should talk with a professional.
• A spouse might not have access to all funds unless everything, even investments, is held as joint property.

Final Arrangements

What it does: This allows you to state what happens after you pass away—whether you want to be buried or cremated—and informs your family members. Also makes your wishes known regarding things like donation of organs or any other special arrangements you might have.

• Puts wishes in writing and consolidates them in a place that family members can easily locate them.
• The more decisions you make prior to death, that’s fewer that your family have to make during an incredibly difficult time.

Trusts

What it does: Creates a legal entity in which to hold your assets so that your estate can skip the probate process when you pass away.

• Also known as a living trust.
• A trustee can be named in order to care for the trust while you are alive and distribute items in the trust to any beneficiaries when you die.
• You are able to be the trustee while you are still alive, and are able to name a successor who will step in when you become incapacitated or die.
• A revocable trust lets you control everything happening with the trust while you are living.
• An irrevocable trust is unable to be changed without consent from the beneficiary.
• A variety of options are available for trusts to serve a specific purpose:
  • Special Needs Trust: Sets aside funding for the purpose of assisting one who is disabled.
  • Charitable Trust: Contains money to be given to charity.
  • Bypass Trust: An irrevocable trust that passes assets to spouse and then children when the second parent dies. This limits taxes on the estate.
  • Life Insurance Trust: Gets rid of life insurance from the estate, thus removing estate taxes.
  • Generation Skipping Trust: Lets grandchildren inherit assets directly without paying taxes.

Beneficiary Forms

Any bank accounts, investments, insurance, or retirement plans are able to be designated as “payable on death” to a beneficiary you name. This means that funds do not pass through the probate process, and allows for immediate access to funds.

 

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source http://www.scottcounsel.com/2018/09/24/important-documents-for-end-of-life-care/

Estate Distribution Without a Will

If you die without a will, that’s called dying “intestate.” So, if that happens, how can your estate be divided up and distributed? Thankfully, New Jersey law has you covered. For now, though, let’s look at how just property are assets in the name of the decedent are handled:

• If you die and leave behind a spouse and children from the same marriage, the spouse then will inherit EVERYTHING (this does not include step children or children from a prior marriage).
• However, if you die and leave behind a spouse and children from a previous marriage, the spouse will only get the first 25% of the estate, but not less than $50,000 or any more than $200,000. They would also get one-half of any balance of the estate, while the balance would be divided equally among the children. Grandchildren, though, will take the share from their deceased parent.
• If you die and leave behind a spouse, a child or children and a stepchild, or any stepchildren, the spouse will get the first 25% of the estate, but not any less than $50,000 or any more than $200,000, plus one-half of any balance of the estate. Children would take the balance of the estate equally, while grandchildren would take the share of their deceased parent, as stated above.
• If you die and leave behind a spouse but no children, and are survived by your parents, the spouse inherits the first 25% of the estate, but not less than $50,000 or more than $200,000, plus three-fourths of any balance of the estate. Your parents would then take the balance equally.
• If you die and are survived by a child or children but no spouse, the children would inherit equally while any grandchildren would take the share of their deceased parent.
• If you die and no immediate family (i.e. spouse, children or grandchildren), your parents will inherit everything. However, if you do not have parents, any siblings you have will inherit equally. Like grandchildren, any nieces and nephews would then take the share of their deceased parent.
• If no immediate family survives, then your property can go to more distant relatives, like grandparents, aunts, uncles, cousins, etc. Then it may go to stepchildren or can even revert back to the State.

The post Estate Distribution Without a Will appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/21/estate-distribution-without-a-will/

Estate Planning with Children From Previous Marriages

In this day and age, people change their spouses like they change their clothes. Sometimes, people will even have children

from previous marriages. It’s certainly not unheard of, but how do you go about leaving assets to another spouse to help care for children from a previous marriage? That’s the big question we’ll strive to answer right now.

If things worked out like they do in the movies, leaving assets to children from a previous spouse would be as simple as snapping your fingers. You could just leave the entire balance to your children through use of a Will. Unfortunately, real life isn’t anything like the movies, and your spouse might decide to disinherit any step-children by changing his or her Will. Let’s see an example:

Say you and your spouse are married and have three children. Your spouse dies suddenly, and you get remarried to

someone with whom you set up what’s known as a reciprocal will—that leaves all of your assets to each other, or to your children. Your spouse again dies and you then inherit all their property. Time moves on and then you meet someone else who has two children all their own. Your new spouse moves into the house that you inherited from your old one, but the children from your previous marriage don’t get along with the children your new spouse brought into the relationship. Your new spouse then convinces you to change your will to leave everything to them and their children, and then they outlive you and inherit all the assets your previous spouse left you.

The point we’re trying to make here is that a reciprocal Will has many risks that may cause you to intentionally disinherit your children. However, there is a pretty easy solution to the problem! In the example above, your first spouse could have let his or her assets pass into a revocable trust that is funded during his or her lifetime, through the Will, or through beneficiary designations, or any combination of these. Your spouse can then amend or revoke the trust at any time, so they aren’t locked into anything. Upon their death, the trust would then become irrevocable and continue on for the benefit of you and the children. The trustee would also be able to invest the assets to create income and pay all of it to you while keeping the principal for your children. At your death, principal that remains in the trust would go to your children outright or in further trust.

All in all, it’s quite complicated and a lot to wrap your mind around. If you have any questions about estate planning and leaving things to children from previous marriages, we can help! Come talk with us at Scott Counsel today!

The post Estate Planning with Children From Previous Marriages appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/21/estate-planning-with-children-from-previous-marriages/

Downsizing and Moving

When making the move to a long-term care facility, it can be quite difficult figuring out how to go about downsizing and actually making that move. Of course, there are necessities that the person will need as they make the transition from home to a care facility. It is a transition that can be scary for all involved, but especially the person moving. It would be a good idea to take some favorite pictures or a few small items that hold sentimental value for the person. That way, he or she can have some semblance of home in their new surroundings to make the move a little easier. If needed, perhaps another family member might be willing to look after some of the other things the person is unable to take with them. That way, those important items are with someone safe, and can be brought (and taken back) when the person comes for a visit.

The post Downsizing and Moving appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/20/downsizing-and-moving/

Guardianship vs. Power of Attorney

While many law terms can sound quite similar to the uneducated, oftentimes, there are things that make them vastly different from one another. Two of those terms that could potentially throw people for a loop are Guardianship and Power of Attorney. Let’s check out the differences below:

With a power of attorney, an individual can name his or her own power of attorney, but the courts have to appoint a guardian. However, both of them are considered to be fiduciary and both have basically the same amount of authority to make financial decisions. If a person wants an elder to have a guardianship, they could hire an attorney, but the elder has the right to an attorney too. If he or she might require a guardian, they have the right to go to court and present evidence to the contrary.

If a guardian does get appointed, he or she has to keep a regular account and present to the court on how any money is being spent, and how much. The courts also have the ability to keep watch over what a guardian (or conservator) does. They can also change the guardian, expand or limit any duties, and make rulings that affect the powers given to guardians. Conversely, a power of attorney isn’t required to make reports to the court, and a durable power of attorney document doesn’t actually need the power of attorney to report on how money is spent. Further, the durable power of attorney is normally permanent.

A guardianship (or conservatorship), by contrast, can be temporary, but oftentimes becomes permanent once the court learns the elder needs a permanent guardian after the temporary one reports to the court. It also costs less to create and appoint a durable power of attorney, even if a lawyer may have drawn up the power of attorney document and spent time going over issues and explaining duties to you, as well as what the document as a whole actually means. Since the court isn’t directly involved, it’s actually a lot simpler to create and appoint a durable power of attorney than a guardianship, but if you have any questions on either of these, Scott Counsel can help you find which is the best solution to your particular situation.

 

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source http://www.scottcounsel.com/2018/09/20/guardianship-vs-power-of-attorney/

How to Terminate a Guardianship

If you’re looking to terminate a guardianship, it’s going to require a court hearing in many cases. Anyone can file the papers—relatives, guardian, subject of the guardianship—and inquire of a judge to see if a guardianship is still necessary.

Let’s look at some of the reasons why you might choose to terminate a guardianship:

• Death: When the ward dies, a final accounting is needed to close a guardianship over an estate. A hearing must be held to approve final accounting and close the case.
• Age of Majority: This only applies if the ward was a child who has now turned 18.
• Parents will Care for Child: Guardianships can be closed if the ward is a child and the parents are now able to care for him or her. They must prove they have fixed whatever allowed the guardianship to be granted, and that they can properly care for the child. They must show they can give shelter, food, and clothing, and that they can meet the child’s medical and educational needs.
• Moved Out of State: A guardianship may be closed if the ward has moved to another state and the guardianship has been received in a new state. Proof of the other case has to be given.
• Competency: This only applies if the ward is now an adult who is both competent and able to manage his or her own affairs. Two doctors need to certify that the person is competent, and any request to end a guardianship on the grounds of competency of the adult have to be supported by two letters from two doctors stating the ward is competent.

Now, let’s look in detail at the steps you’ll need to take in order to terminate a guardianship.

1. Complete Paperwork: You’re going to have to complete a Petition to Terminate Guardianship, and a Citation or Notice of Hearing. This document tells the judge why you think that the guardianship is no longer required. Be sure to complete all the sections and attach any exhibits that support your argument.

You’ll also need to file the Citation to Appear or Notice of Hearing, and when you file it, you’ll need to have a court date for the judge and any interested parties to appear in court. If the ward is still living, complete the Citation to Appear and Show Cause; if they are passed, complete the Notice of Hearing.

2. File the Paperwork: Just like with the other documents, you can file your documents in a few ways:

• In person at the family courthouse
• By mail
• Online through Wiznet

3. Serve the Guardians and Other Parties: THIS IS IMPORTANT! If this step is done improperly, the judge can cancel your hearing! All the documents must be mailed to guardians and relatives, and this is usually the same group who have been receiving notice of proceedings prior to this. This allows you to make sure the guardians and relatives know about the hearing and have a chance to respond. If the ward is alive, mail the petition and citation to all the required people by certified mail, return receipt requested. If the ward has passed away, you can send the petition and notice of hearing to everyone via regular mail.

 

4. Submit an order to the judge one week before hearing: If the judge ends the guardianship at the hearing, he/she will sign an official order ending it. Prepare the order ahead of time and submit it to the judge so he or she will have the necessary paperwork at the hearing. Fill out the Order Terminating Guardianship and take it to the family court a week before hearing.

 

5. Attend the Hearing and file final papers: Be sure and arrive to the courthouse early so you have enough time to do everything you need to beforehand. If the judge terminates the guardianship, he or she will sign the Order Terminating Guardianship. Be sure to bring it if you forgot to turn it in beforehand, and afterward, you have to make sure it is filed at the Clerk’s Office.

The post How to Terminate a Guardianship appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/19/how-to-terminate-a-guardianship/

Who Supervises a Guardian?

A guardian is someone who looks after our children if we cannot do so ourselves or if our spouse is unwilling or unfit to take on the responsibility. We do have the power to appoint guardians to care for our children, but they can also supervise our elderly loved ones too. And that’s great and all, but it leaves the question of “Who is supervising the ones supervising those we care about?”

Once a guardian has been appointed by the court, the court then keeps an eye on that person. The guardian must also receive approval for any medical procedures that carry a good amount of risk to the life and well-being of the one they’re caring for. It is also necessary for them to get permission from the court for any changes in classification to the abode of the person in their care—like moving from a private residence to a nursing home, for example, and they also have to provide an annual report to the court on the status of the ward’s health.

A guardian of the property is also required in order to keep careful record of any finances, file an initial inventory, and file any yearly accountings with the court.

Even though a guardian might be less desirable than an advance directive or Powers of Attorney, there are times where it is the only option we have in order to give someone the necessary care they cannot give themselves, and to make the decisions they cannot make on their own.

The post Who Supervises a Guardian? appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/19/who-supervises-a-guardian/

Dealing with Combativeness

It can be extremely difficult to learn that you are no longer able to do things that once came so easy to you. If you make the decision to give your loved one in-home care—whether your family does it themselves or employs the services of a professional, you can expect to come up against some opposition. After all, no one likes not being able to do even simple tasks on their own. If your loved one is normally quite friendly and quiet, this can often be surprising. Though, it’s important to remember that when it happens, the outburst is almost certainly the result of some other condition, like dementia.

In order to be able to handle outbursts and combativeness, you’ve got to git rid of whatever is causing the issue and prompting the behavior, but you can’t deal with the problem if you don’t know what it is. That’s why it’s also vital to be patient and listen, though if they are agitated or upset, that may prevent them from forming their thoughts and speaking properly.

When you’re talking to or dealing with someone who is being combative, you should do your best to appear non-threatening, so be sure to use a calm tone of voice and try to be aware of your body language. If you seem closed off to the problem at hand, you can inadvertently cause it to escalate. Your goal should be to help the person calm down and take their mind off of what’s bothering them. That involves not only paying attention to them, but yourself as well.

There are a number of ways to do this, such as removing distractions from the environment, using different types of calming therapies, like music or interaction with animals, or perhaps even exercise or modifying the diet. Always consult with the person’s doctor prior to making any changes in that regard.

Caring for a loved one or family member that is going through dementia is tough enough as it is without also piling combativeness on top of it too. However, remember that they aren’t acting out just to cause a problem, they’re suffering from something they cannot understand, and that’s just as scary for them as it is for you, if not more so. If you’re patient, kind, and you listen to them and pay attention to things they say and do, you can help to lighten that burden and ease the struggle.

Again, this is just as much a struggle for them as it is for you, but it’s one that you can overcome if you work together. Change won’t be instantaneous; it can and will take time, but the goal for everyone should be a happier, healthier, more productive life for the elder—which will let you have happiness and peace of mind as well, and that’s just as important.

The post Dealing with Combativeness appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/18/dealing-with-combativeness/

Debts, Taxes, and Probate

The saying goes that two things in life are certain—death and taxes, and nobody likes either one of those things. They have a lot in common though, what with all the forms and big words and figuring out whether or not you owe money or might even get some back. It’s a lot to take in when we’re alive, and it can be just as much, if not more so, for our family when we’re gone. We’ve got our brain doing cartwheels and backflips in our head trying to make sense of what’s just happened; trying to figure out estate taxes on top of all that can just make things worse.

So, what can you do to make sure that everything goes as smoothly as possible? If you have been named executor or representative of the estate, it’s your job to pay any debts or expenses the estate might have. You can also request an Oder Limiting Creditors from the court, that lets creditors have a full six months to bring forward any claims.

If that’s still not enough time to pay off debts, you can then turn to state law (in New Jersey, claims are prioritized). In doing so, family is normally paid first. Any remaining spouse or children under 18 can get a year’s worth of support. Next, funeral costs, the costs of probate, and any expenses from the last illness and taxes, in that order. While that seems like a lot (and it is), you only need to consult this laundry list of items if you’re unable to pay all your bills.

An executor or administrator will also need to file final New Jersey and federal income tax returns for the deceased. Normally, these are due on April 15^th of the year following death. Income tax pay also be required on the estate itself if the estate has an income.

A federal estate tax return is also necessary, but only if it is a very large estate. Ninety-nine percent of all estates DO NOT owe this. However, a New Jersey estate tax can affect much smaller estates (like those worth more than $675,000).

New Jersey also has an inheritance tax, though unlike estate tax, it is not based on the whole estate, but rather simply the one who inherits, and more distant relatives often pay a higher rate than closer family members.

The post Debts, Taxes, and Probate appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/18/debts-taxes-and-probate/

An Overview of the New Jersey Probate Process (Part 2)

• Death and Taxes

For the next step, any applicable tax forms must be completed and sent to the IRS after inventory is completed. Among these is the 706 form, which is required by the IRS for estate taxes. This must be completed within 9 months of death, unless an extension is granted. Also required is a final 1040 form, which must be completed for the year of death, as well as 1041 forms for any trusts that have been left behind.

Dependent on the final inventory of the estate and completion of necessary tax forms, taxes are then paid to the IRS. Once received, a letter will be issued stating that any and all taxes have been paid. However, this process can take a while, up to 1-2 years after death. Family members need not worry though, as an experienced attorney can handle this step, minimizing both expense and time, as well as helping to avoid serious consequences caused by any potential errors.

Final Accounting

Once everything with taxes and claims is settled, a final accounting is done to summarize affairs for the court. A final accounting includes the initial inventory, any and all earnings, sales, and bills and taxes paid. Payments received by heirs are itemized before payout, which happens once final accounting has been approved by the court. If any disputes arise, beneficiaries are able to challenge the executor before the court.

The Last Round Up

Once everything has been approved and signed off on, final accounting is submitted to the court for approval. They will then issue an order that stating that everything is good in terms of distributing things amongst heirs. At this time, heirs are paid according to the wishes outlined in the will, but if someone has died intestate, heirs are then paid according to those laws.

• Distribution

Distribution is the final step in probate. This is when anything left to any and all heirs is given out. This can include anything from money to property, but all beneficiaries must sign a release and refunding bond before that can happen.

This concludes our quick look at the probate process. While it can be difficult to wrap your head around all the rules and regulations, we do hope that this has helped you to get a little better grasp on the whole thing!

 

 

The post An Overview of the New Jersey Probate Process (Part 2) appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/17/an-overview-of-the-new-jersey-probate-process-part-2/

An Overview of the New Jersey Probate Process (Part 1)

As with anything involving the law, the probate process can be difficult to wrap your head around on your first go or your fifth. It’s made a little easier if you can hire an attorney experienced in the probate process, but things should go smoothly, so long as everything is in order before death.  Even if they’re not, don’t fret! Probating a will in New Jersey is divided into six steps.

• Validating the will
• Appointing an executor or executors
• Taking inventory of the estate
• Paying all claims against the estate
• Paying all estate taxes
• Distributing any and all remaining assets

In case that’s still a bit confusing, let’s take a closer look at some of the major steps in the probate process.

• Obtain Probate Papers and Qualify as an Executor

Probating is a word that can look scary at first, but really, it’s just a fancy word that means determining the genuineness of a will, and this process begins after death. It can be performed either by a surrogate or the Superior Court of the county where the deceased lived when they died. A personal representative or executor can be appointed by going to the surrogate or Superior Court, though some documents are needed.

Those include: the original will, the certified death certificate, and unless the will is self-proving, at least one witness who signed the will and can prove it is his or her signature on the will.

However, if these steps are not followed properly, either the Surrogate or Superior courts can help the executor(s) in following the proper procedure to make sure that things go smoothly.

• Inventory

Taking an inventory of the estate is the next step in the process. Basically this just means assessing the value of all the stuff in the entire estate. While the executor should be able to handle the basic things, high-value assets (homes, vehicles, land or any valuable collections, such as art) should be handled by professional appraisers that have been appointed or certified by the court.

• Pay Claims of the Estate

It is the executor’s responsibility to notify any creditors or those with claims against the estate. Anyone who has a claim should notify the probate court within a certain time period. The executor will also be responsible for accepting or rejecting any claim as it is submitted. If it is accepted, the claim is paid out of the total value of the estate. If a claim is rejected by the executor, creditors may file a lawsuit against the estate. Once any and all claims have been dealt with and inventory is complete, it is then submitted to, reviewed and affirmed by the court.

The post An Overview of the New Jersey Probate Process (Part 1) appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/17/an-overview-of-the-new-jersey-probate-process-part-1/

Avoiding Probate -Why Should I?

We discussed the complexities of the probate process briefly in a previous article, now let’s spend some time and look at why, perhaps, you might want to avoid the probate process altogether. We may not know exactly why we should avoid the probate process, but there are, in fact, a couple of good reasons, so let’s take a look at them quickly now.

• It can tie up property for months, potentially even up to a year!

In our society of give-it-to-me-now instant gratification, we don’t like to wait. Heck, we don’t even like waiting for our phone to boot up when we turn it on. Why in the world would we want to drag our heels on something that was promised to us in a will perhaps over a year ago? We wouldn’t. Simple as that. And when there are many more options available instead of probate, the decision to skip can not only make things go faster, but it can also make things much easier to deal with in the long-term.

The second reason is—

• It’s expensive!

The truth of the matter is that the economy is getting better, but it’s never going to be where it used to in regard to the cost of things. And one thing is for sure, probate is expensive. In some states, fees can even take up 5% of an estate’s value. Sure, 5% doesn’t seem like a lot, but when it’s added into all those other expenses that come the aftermath of losing a loved one, it may be simpler (and cheaper) to opt out of probate altogether. Those involved will thank you, and your wallet will too. And let’s be honest, we all want a happy wallet, right?

To find out what your choices are, or to get any and all of your questions answered, be sure and stop by Scott Counsel today. They’ll help you find what works for you.

The post Avoiding Probate -Why Should I? appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/14/avoiding-probate-why-should-i/

Guardianship for Minors

No one wants to think that one day they’ll have to leave people they love behind. After all, it isn’t a pleasant thought, leaving anyone—let alone children who may or may not be old enough to understand what’s happening. We want to ensure that our children (or grandchildren) will be well taken care of, even if we ourselves won’t be there to see it through, and we can do that through what’s called a guardianship. We’ve covered it previously, but let me explain a bit further now.

There are a few ways in which a guardian can be named: either through a will or by the Surrogate Court. However, designation via Surrogate Court normally only takes place if a minor receives some kind of inheritance or proceeds from a lawsuit. In this case, any monies normally deposited in the County Surrogate’s Office Intermingled Minor Account will then be held until the child or children reach eighteen years of age.

There’s also a third option available. With this option, a guardian is also able to post a bond and invest any and all monies on behalf of the minor child or children. What’s more—if the minor is left any real property that the guardian wishes to sell, he or she must first get the court’s permission to do so.

If you still have questions, the law professionals at Scott Counsel would be more than happy to assist you. We’ll get you pointed in the right direction so you can choose the option that best fits your specific needs and desires.

The post Guardianship for Minors appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/14/guardianship-for-minors/

Does a Power of Attorney Expire?

There’s a lot to find out there regarding power of attorney, but something you may not be aware of is whether or not it will eventually expire, so let’s do that right now.

What we do know about power of attorney is that it is given to a person so that they can make decisions on behalf of someone who cannot. We also know that there are different types of power of attorney documents for different needs a person may have (like a health care power of attorney). But it’s only natural to wonder if it expires. You may think that a power of attorney would expire after death (logically), and if so, you are correct.

Every power that was granted in a durable power of attorney ends upon the death of whoever created the document. At that time, the person (or agent) who had been appointed power of attorney has no further duties, rights, or responsibilities.

If there is a will, the executor named therein becomes responsible for gathering up any property owned at death and then distributing it according to the instructions in the will. If directions are left in a trust, however, then it is the successor trustee who is responsible for this part.

If there is no will or trust, but there is property to distribute, then it will be done according to intestate succession laws. These normally will follow a hierarchy or sorts that depends on the closeness of the relationship between the survivors and the deceased.

Intestate laws also control who is authorized to direct both how and where a person should be buried or cremated if he or she left no instructions regarding that matter. Again, there’s normally a hierarchy to follow, starting with the nearest relative.

The post Does a Power of Attorney Expire? appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/13/does-a-power-of-attorney-expire/

When Family Meetings are Appropriate

No one likes to think of their loved ones getting older and suddenly becoming unable to do things they once did so easily. It can be hard on other family members too. That’s where setting up a family meeting can be a great help. It won’t be easy, but gathering together and discussing the situation at hand, as well as coming up with a game plan for handling certain situations will help ease the mental and emotional burden—not only of the loved one themselves, but of the family as a whole. Plus, a family meeting allows each person to know where the others stand and what their thoughts and feelings are on different situations, and it can diffuse any tension that might be brewing. It is also vital to include the elder themselves. If the topic of conversation is about them, they should be able to voice their own thoughts and feelings too, and they certainly have a right to do that.

All in all, a family meeting on the subject of an elderly loved one may not be the most optimistic thing to have, but having them in intervals can be very beneficial in the long-term–both for the elderly individual and the family unit as a whole.

As we said above, we know it isn’t ever easy to bring up the idea that a family meeting regarding the care or needs of an elderly loved one, so if you need assistance in knowing just how to start the conversation, you can give us a call at (856) 281-3131 to schedule a meeting either over the phone or in person.

The post When Family Meetings are Appropriate appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/13/When%20Family%20Meetings%20are%20Appropriate/

When Family Meetings Are Appropriate

No one likes to think of their loved ones getting older and suddenly becoming unable to do things they once did so easily. It can be hard on other family members too. That’s where setting up a family meeting can be a great help. It won’t be easy, but gathering together and discussing the situation at hand, as well as coming up with a game plan for handling certain situations will help ease the mental and emotional burden—not only of the loved one themselves, but of the family as a whole. Plus, a family meeting allows each person to know where the others stand and what their thoughts and feelings are on different situations, and it can diffuse any tension that might be brewing.

All in all, a family meeting on the subject of an elderly loved one may not be the most optimistic thing to have, but having them in intervals can be very beneficial, for both the elderly family member(s) and the family unit as a whole, in the long-term.

We understand that it isn’t going to be easy, and you may not know exactly how to bring up the subject or what to say, you can give us a call at (856) 281-3131. We would be happy to speak with you over the phone, or you can also schedule an in-person meeting as well.

The post When Family Meetings Are Appropriate appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/13/When%20Family%20Meetings%20Are%20Appropriate/

Creating a Life Resource Plan

One of the many things that the Elder Law professionals at Scott Counsel specialize in is the creation of what’s known as a Life Resource Plan. But what is a Life Resource Plan? Simply put, it works to define, organize, prioritize and mobilize every single aspect for care for a loved one. That means that they discover your needs, group them into categories, rank them by priority, and then carry out the plan to provide you with the best care possible. While each and every Life Resource Plan will be different, based on an individual’s unique needs, there are three areas in which all of them are the same:

• Making sure proper care is provided to the elder, whether at home or in a care center, in order to maintain the quality of life that he or she wants.
• Locating both public and private sources to help pay for long-term care while resolving any issues that were created by a high cost of care.
• And finally, it offers peace of mind that comes from the right choices are being made to make sure that those we love are safe and getting the proper care while managing to preserve family resources.

So, when do you enact such a plan? The perfect time is normally right after an event happens that leaves you worried or concerned for his or her well-being. Something like:

• They receive a diagnosis of cancer, Alzheimer’s disease or some other chronic illness or condition
• A catastrophic event, like a fall, mishap with medication, a fire, accident at home or a car wreck
• You’ve discovered your loved one has been wandering off, is malnourished, dehydrated or simply unable to care for him or herself because of functional limitations.
• A medical event, like a stroke, heart attack, or aneurysm
• Burnout of the primary caregiver

While it is possible to wait until the person has an immediate need for a Resource Plan, waiting that long can put everyone hat a disadvantage. Creating one prior to actually needing it benefits everyone in several ways:

• It helps to get your loved one the care that he or she needs right now, which can bring relief for caregivers.
• It gets you plugged into a network of community services and resources
• It increases the chances of your loved one being able to age at home, which can increase dignity and independence.
• It gets all legal and financial affairs in order.
• It enables the family to avoid asset protection crisis when your loved one makes the transition to long-term care outside the house.
• It helps to empower you with a support network that assists in dealing with every legal, healthcare and long-term care transition your loved one will face for the rest of their lives.

Life Resource Plans are often right for the following people:

• Senior individuals who are dealing with effects from aging, chronic illnesses such as Parkinson’s, Alzheimer’s, stroke, or dementia, or any disabilities from accidents or illness.
• Cognitively, emotionally, or developmentally disabled persons, regardless of age.
• Those people of any age who have been permanently disabled due to accident or illness.

Finally, let’s look at the benefits a Life Resource Plan provides:

• The senior or disabled loved one gets the proper care faster, as well as having as much independence as possible for as long as possible and the ability to age with dignity.
• Families receive help in getting the right care and resources, and guidance with legal, health care and long-term decisions as the senior’s condition progresses, and security due to the spouse and dependents being provided for.
• A Life Resource Plan provides reassurance that the elder will enjoy the best quality of life he or she can until the end.

If you have any questions or concerns about anything above, please be sure to speak with Justin Scott at Scott Counsel today.

 

The post Creating a Life Resource Plan appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/12/creating-a-life-care-plan/

Cost of Care—Who’s Responsible?

Getting older brings with it a host of not only problems, but questions too. Where do I turn for help? How much is this going to cost? Who’s paying for it?
The truth is that there are laws in place that are called filial laws. They state that the adult children are responsible for the long-term care costs for their parents. Though, it should be noted that filial laws are quite rarely enforced. Nevertheless, let’s take a more in-depth look.
Filial Responsibility Laws
Over half the states in the country have what are called, “filial responsibility” laws. The rules set in place by these laws do not apply if someone qualifies for Medicare. In the event that the person does qualify, then Medicare will pay the bills. However, if the person cannot pay for care prior to getting help from Medicare, then the children might be required to pay, though many of them also take the adult child’s ability to pay into account as well.
The purpose of these laws is to lessen the burden the patient places on the state’s welfare system, and many allow long-term care providers to sue for payment, but still others also make failing to care for a parent a criminal offense.
However, as we said, oftentimes these filial laws are not enforced. This is simply because many elders who cannot pay for care on their own are able to get federal help through Medicaid, and federal law does not allow them to go after adult children. What’s more—many people who need help paying for nursing home care will often qualify for Medicaid, and it’s quite abnormal for someone to have a hefty bill prior to qualifying for Medicaid. Filial laws often don’t have any affect on families simply due to the fact there are so few opportunities to apply them.
In a number of states, all of the following things would need to hold true for a child to be held responsible for a parent’s cost of care:
• The parent got care in a state that has a filial responsibility law.
• The parent did not qualify for Medicaid when he or she was getting care.
• The parent does not have the money needed to pay the bill.
• The child has the money to pay the bill.
• The caregiver makes the choice to sue the child.

The post Cost of Care—Who’s Responsible? appeared first on Scott Counsel.

source http://www.scottcounsel.com/2018/09/12/cost-of-care-whos-responsible/

What is an Adult Day Care Program?

We’ve all heard and probably made use of day care for children at some point in our lives, but something that is likely unfamiliar to us is the concept of Adult Day Care. It’s a real thing, and just like regular day care does for our children, Adult Day Care allows older adults in our lives to be looked after while we’re tending to some of the other important things in life needing our attention, like jobs.
By the simplest definition, Adult Day Care Centers are able to provide both care and companionship for older adults who might need help or supervision during the day. They can also provide a much-needed sense of relief to both family members and caregivers alike, by letting them work, handle personal affairs, or simply relax, all while still having the peace of mind that their loved one is being well taken care of. The goals these places strive to reach include delaying or preventing institutionalization by offering a type of alternative care, enhancing self-esteem and encouraging socialization. There are two types of day care as well—adult social day care and adult day health care. The former offers much in the way of social activities, meals, recreation and some health-related services. The latter, on the other hand, provides more intensive health, therapeutic, and social services to those who have serious medical conditions or who are at risk of needing nursing home care.
Some services can include the following, and participants do so on a scheduled basis:

• Counseling
• Education
• Evening care
• Exercise
• Health screening
• Meals
• Medical care
• Physical therapy
• Recreation
• Respite care
• Socialization
• Supervision
• Transportation
• Medical management

Most Adult Day Care Centers are open during normal business hours and may be a standalone operation or located within senior centers, nursing facilities, places of faith, hospitals, or schools. The staff might do such things as monitor medication, serve both hot meals and snacks, perform physical or occupational therapy, and arrange any social activities. They can also help to arrange for transportation to and from the center.

Keep in mind that not all states will license or regulate adult day care centers. There could be a lot of difference between centers; because of this, it’s important to learn as much as possible about each center near you. And if you can, visit the ones closest to you and talk with any staff or other families that use the centers to see if it is right for your situation. You might also wish to check whether your state has an adult day care association.

The costs for such services can range from as low as $25 to over $100 a day, but this depends on the types of services the facility offers, the type of reimbursement, and the geographic region. Since an adult day care isn’t usually covered by Medicare, you might be able to receive financial assistance through either a federal or state program (like Medicaid, Older Americans Act, or the Veteran’s Health Administration).
To find any programs or centers near you, you can contact your local aging information and assistance provider or the Area on Aging. For help in connecting to these places, contact the Eldercare Locator at 1-800-677-1116 or go to http://www.eldercare.gov.

The National Adult Day Services Association is also good for general information regarding adult day care centers, programs, and association. You can reach them at 1-877-745-1440 or by visiting http://www.nadsa.org.

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