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Nursing Home Planning

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It’s a part of aging that many of us don’t like to think about but that most of us have to deal with at one point or another – of course, we’re talking about nursing home planning.

The latest statistics indicate that nearly 70 percent of seniors will receive help at sometime during their old age and often it is at a nursing home. In fact, most seniors receive long-term care for a period of at least three years and at least one in five receives long-term care for five years or more.

The costs of this care – particularly if it has not been planned for – can be devastating.

At Commonwealth Elder Law, PLLC , we help ease the costs and burdens of nursing home care. Our Nursing Home Planning service can include:

  • Planning how to pay for long-term care, including shifting the responsibility onto a third-party payer such as Medicaid, as soon as possible to protect family assets
  • How to reduce demands on assets through Medicaid spousal impoverishment rules. Plus, how to use assets to pay off debts, insurance and other large bills – even funeral expenses.
  • How to buy assets that are not counted by Medicaid – Medicaid eligibility rules do not cover certain assets, such as a home, car and other personal effects. That means in certain situations a person may want to spend countable savings on items instead of having it go to the Nursing Home.
  • Converting countable assets to income – here in order to avoid a Medicaid penalty a community spouse may need to receive something of value in exchange for a converted asset.

Naturally, you shouldn’t pursue any of these strategies without Experienced legal help. Medicaid rules change over time and we go to great lengths to stay on top of them. We know Kentucky’s Medicaid rules inside and out.

If you don’t know the rules and make a mistake it could be catastrophic to your finances. Click here to schedule a consultation.

Nursing Home Elder Abuse

It is a sad state of affairs, but abuse and neglect of our elderly in nursing homes happens on a regular basis, every day in fact. The abuse can be physical, but it can also be emotional, psychological, or simply negligence.

It is a sad state of affairs, but abuse and neglect of our elderly in nursing homes happens on a regular basis, every day in fact. The abuse can be physical, but it can also be emotional, psychological, or simply negligence.

No matter what form it comes in, nursing home abuse is unacceptable and must be stopped at all costs. If you think it is happening to one of your loved ones, one of the best things you can do is contact Commonwealth Elder Law, PLLC.

Nursing home abuse can take many different forms, from physical to psychological. Sexual and financial abuses also happen in nursing homes. Some serious examples of nursing home abuse include the following:

  • Isolation from other residents, friends and family members
  • Psychological abuses such as verbally threatening the elderly person, silent treatments, and babying
  • Pushing, shoving and hitting the resident
  • Sexual assault or rape
  • Excessive or improper use of restraints
  • Coercing or otherwise tricking a resident into signing a contract, will, or other legal document

While there are no national databases that track abuse of the elderly, the National Center on Elder Abuse estimates that each year between 1 and 2 million people over the age of 65 have been neglected, abused, or exploited in some way by the person(s) they depend on for care. In addition, they estimate that anywhere from 2-10 percent of elders are abused at some point.

It is reasonable to assume that as more and more people enter nursing homes, the incidence of nursing home abuse will increase.

Current statistics say that 20 percent of the American population will be senior citizens by 2030, and many of them will be living in long term care facilities or nursing homes.

This large rise in nursing home populations will put extreme stress on the systems and caregivers, and is likely to lead to an increase in the number of caregivers who are not properly trained. These factors are expected to lead to a rise in the amount of neglect and abuse in nursing homes.

Some of the common injuries that have resulted in successful lawsuit claims against nursing homes include the following:

  • Assault and abuse
  • Wrongful death
  • Negligent care and neglect
  • Falls and fractures
  • Injury and strangulation from restraints
  • Pressure ulcers and bed sores
  • Wandering off and leaving the facility grounds
  • Malnutrition and dehydration

In addition, it is sometimes necessary to file medical malpractice claims based on improper nursing home care, such as:

  • Prescription errors
  • Failure to diagnose or misdiagnoses
  • Medical errors and mistakes

If you are concerned about nursing home elder abuse, please schedule a consultation today – just click here.

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Our firm offers comprehensive elder law services, including estate planning and probate. To schedule an appointment or to learn more about our firm, call us at 859-823-2300, or send us an email.

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