News
A Journey Of Bonding: Father And Daughter’s Cross-Country Road Trip With Two Bulldogs
In July, my daughter, Liza, accepted an offer to begin a Ph.D. program in canine cognitive behavior at Texas Tech University in Lubbock, Texas. Upon her acceptance, we began to immediately map out how she would get to Lubbock from Brooklyn and take her car. There was an important catch—she was going to Lubbock with two bulldogs. That meant it was difficult to fly due to the bulldogs' breathing issues. After much contemplation, it was agreed I would drive the 1,735 miles from Cherry Hill, New Jersey, to Lubbock, Texas, with my daughter and the bulldogs in tow. We set out on the evening [...]
The Role of a Healthcare Proxy in Elder Care
The designation of a healthcare proxy in elder care is an essential aspect of planning for the future, especially for seniors who want to honor their healthcare wishes. Understanding the role and importance of a healthcare proxy in elder care can provide peace of mind and protect the rights of elderly individuals. As age-related illnesses or cognitive decline can sometimes impair the ability to make informed healthcare decisions, having a trusted healthcare proxy becomes increasingly vital. The Role of a Healthcare Proxy in Elder Care A healthcare proxy, also known as a medical power of attorney or healthcare agent, is [...]
The Difference Between a Revocable and an Irrevocable Trust
Trusts are fiduciary arrangements that allow a third party (also known as a trustee) to hold assets on behalf of a beneficiary. However, there are different types of trusts, and it's important to understand the difference between a revocable and irrevocable trust. This distinction is vital as it can have significant implications for how assets are managed, controlled, and taxed. Understanding Revocable Trusts A revocable trust is often also called a living trust. It is a legal entity created to hold ownership of an individual's assets. What makes a revocable trust stand out is its flexibility. The creator of the [...]
Dying at Home Versus in a Hospital: Making Informed End-of-Life Care Decisions
In the final stages of life, the decisions about where a loved one should spend their last moments become both deeply personal and profound. The transition from life to death is a delicate journey, and making informed choices about end-of-life care is crucial. One of the most important decisions to consider is whether to have the person die at home or in a hospital. This article will explore the details of this choice, looking at the benefits and drawbacks of dying at home versus a hospital. The goal is to help individuals and families decide the best choice for their [...]
End-of-Life Support: Caring for a Loved One Facing Death
Supporting a loved one facing death is a challenging and emotional journey. It can bring uncertainty, fear, and sadness, making the situation overwhelming. However, with some preparation, this experience can become more manageable and a time of connection and closeness. Watching someone you care about nearing the end of their life can trigger various emotions like helplessness, grief, and even anger. Dealing with your feelings of loss while providing end-of-life support and strength to your loved one may be tough, as emotions can change from day to day. It takes strength and resilience to work through this difficult time [...]
Update on CMS Care Compare Website
For nursing home residents and their families, making a decision about what facility to choose can be a daunting and frustrating process. How do you know whether the nursing home you are considering for your loved one provides quality care? One resource is the federal government website which provides quality measures for every nursing home in the U.S. For more than ten years, the Centers for Medicare & Medicaid Services (CMS) has been posting information on facility staffing measures on the Medicare.gov website under Care Compare. The information supplied regarding nursing home quality measures has been of questionable quality. However, [...]
Understanding the Role of a Death Doula in End of Life Care
The role of a death doula, also known as an end-of-life doula, is to support and improve the end-of-life experience for individuals and their families. Death doulas have been around for a long time, and their practices have deep historical roots. However, in recent years, the role of a death doula has gained recognition for providing support and comfort during the aging and dying process, and many people are still unaware of what a death doula is and what we do. A death doula is a non-medical professional who offers compassionate holistic care at the end of life. We provide [...]
A Closet Full of Shoes
Shoes keep us warm, dry, active, and sometimes fashionable. Shoes are important for walking and traveling, to see and experience the world around us. I have fond memories of shoe shopping with my mom. Searching for a popular new style of boots for fall and winter, strappy sandals for spring and summer, or the perfect pair of high-heeled shoes that match a formal dress for a special occasion. There were many times we would laugh in the shoe department when we turned to each other with a shoe in hand—"Do you like this one?"—and we were holding up the same [...]
Health and Hospital Corporation of Marion County v. Talevski
The United States Supreme Court recently ruled 7-2 to protect the right of Medicaid nursing home residents to seek relief in federal court when state officials do not meet a certain quality of care—a ruling being hailed as a civil rights victory for Medicaid patients. In Health and Hospital Corporation of Marion County v. Talevski, state officials challenged the right of a Medicaid beneficiary to bring suit in federal court in a case involving the alleged violation of Gorgi Talevski's federal rights under Medicaid's Federal Nursing Home Reform Act (FNHRA). By a 7-2 margin, in a remarkable opinion for the [...]
Medicaid Coverage for Assisted Living: PA Legislation Proposal
In December 2022, Pennsylvania state Senators Michelle Brooks and Judy Ward proposed legislation that would expand Medicaid coverage for assisted living facilities. The proposal is designed to provide support for older adults who require assistance with daily living but do not require the high level of care provided by nursing homes. Under the proposed legislation, eligible seniors would be able to access Medicaid coverage for assisted living services, including room and board, personal care, and medication management. This would be a game-changer for many seniors who are currently struggling to pay for these services out-of-pocket or relying on family members [...]
How to Set Up a Trust
A trust is a legal agreement between two or more parties that grants one party, or trustee, specified assets while the beneficiary, or the person for whom the trust is established, retains ownership of said assets. If you’ve ever wondered how to set up a trust or how they work, we explain below in detail how to set up a trust, from creation to distribution. The five-step process: Creation Tax Recognition Funding Administration Distributions 1. Creation The steps in creating a trust are: Identifying the person who establishes the trust, usually called the “Grantor.” Identifying an appropriate trustee. A Trustee [...]
The Importance of Healthcare Planning Documents
Healthcare is an essential part of our lives, and sometimes our loved ones may require medical treatment or healthcare at a time when they are unable to communicate their wishes. Whether because of cognitive impairment, unconsciousness, or mental healthcare needs, proper legal planning and healthcare planning documents are helpful. With regard to medical decision-making, various documents exist to allow individuals to appoint another to make healthcare decisions in advance and to ensure their wishes are known (and followed) when they are unable to communicate those wishes. Healthcare planning documents, such as Healthcare Powers of Attorney and Advance Healthcare Directives, are [...]
Frequently Asked Questions about Powers of Attorney
In this comprehensive overview, we answer the questions you may be asking about powers of attorney, living wills, and attorneys-in-fact to give you a well-rounded understanding of the roles, responsibilities, and processes that follow. How to Use This Information This article is organized into seven parts: (1) About the Power of Attorney; (2) Powers and Duties of an Attorney-in-Fact; (3) Using the Power of Attorney; (4) Financial Management and Liability of an Attorney-in-Fact; (5) Relationship of the Power of Attorney to Other Legal Devices; (6) Health Care and the Power of Attorney; and (7) Guardians and Powers of Attorney. 1. [...]
Do You Believe These 5 Elder Care Law Myths?
Elder care law is a complex area of law that deals with legal issues affecting seniors. Unfortunately, there are a lot of misconceptions that can lead to confusion and misunderstanding. Here are five common elder care law myths debunked. Elder care law only covers issues related to retirement: Rothkoff Law Group provides counsel for a range of legal issues: care coordination, healthcare advocacy, wills and trusts, Medicaid and asset protection planning, family counseling, long-term care, and the list goes on. Our team of care advocates and elder law attorneys also help with end-of-life planning, estate planning, and other legal matters [...]
New Bill Addresses Financial Exploitation in Long-Term Care for NJ Residents
Last week, a new bill was introduced in the New Jersey legislature to address continued problems in certain New Jersey nursing homes. The bill, co-sponsored by Senator Joseph F. Vitale (D—Middlesex) and Sen. Robert W. Singer (R—Ocean), will attempt to address issues related to financial exploitation in long-term care. The bill prohibits the personnel of nursing homes and other long-term care facilities—owners, operators, managers, employees—“or other person who benefits financially from a long-term care facility” from managing “the affairs of a [nursing home resident] except pursuant to an order of the Superior Court appointing that person guardian of the principal.” [...]
